Schomer Law Group partook in one of the nation’s premier legal education conferences in Indianapolis, IN from May 3 through May 7. The American Academy of Estate Planning Attorneys hosted their 23rd annual Spring Summit on “Integrity – The Foundation of Success, Without Integrity Nothing Works,” which included over 100 estate planning law firms from around the country.The American Academy is devoted to helping its Member attorneys transform the way they practice law. The conference focuses … [Read more...]

Medicaid and Medicare are both programs established by the federal government to provide medical and health-related services to United States citizens. Both programs were created by a 1965 amendment to the Social Security Act and are managed by the Centers for Medicare and Medicaid Services.What is Medicaid?Medicaid is a healthcare assistance program that benefits low-income individuals.  Federal, state and local tax funds are used to assist individuals who are eligible with paying for their … [Read more...]

Estate planning is based on legal principles that are followed by all estate planning attorneys.  While each state has its own probate code, or set of laws, the Uniform Probate Code was drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL).  This set of laws governs inheritance and estate laws in the United States.  The original purpose of the Uniform Probate Code was to simplify the process of probating an estate and to make laws governing wills, trusts, and estates … [Read more...]

A power of attorney is a legal document that gives someone else the authority to act on their behalf.  In California, the person creating the power of attorney is known as the “principle,” and that person chooses an “attorney-in-fact” to act as their agent.  A power of attorney is most commonly used for handling financial and/or medical decisions.With all of its advantages, careful consideration should be given to creating a power of attorney.  Since your attorney-in-fact will be ultimately … [Read more...]

Regardless of whether you have a will, your estate must be administered.  The person who is responsible for supervising the administration of your estate is known as the executor.  Each state has its own requirements and qualifications for an executor.  In most states, minors, convicted felons and non- U.S. citizens are disqualified.What is an Executor required to do?There are general duties that nearly every executor is required to perform.  However, the full extent of an executor’s duties … [Read more...]

Actually, there are laws in place that not only discourage, but penalize individuals for giving away property just before applying for Medicaid.  If you transfer your assets within five years of applying for Medicaid benefits, Medicaid could withhold or delay your benefits.  Federal law requires state Medicaid agencies to investigate transfers and gifts made by applicants during the five year look-back period.So, any transfer that you make, no matter how innocent, will come under scrutiny.  … [Read more...]

If you don’t have a will when you die, your property will still go to your family, through your state’s laws of “intestate succession.”  The only difference is that with a will, you can determine exactly which relatives will receive what.  Whereas, without a will, the closest relatives will receive equal shares depending on a pre-determined priority system.  With that system, how your property is distributed depends on which of your relatives are still alive when you die.Intestate Succession … [Read more...]

There are certain types of fees and expenses that can be expected when your spouse dies, the extent of which depends on where you live, the size of your spouse’s estate and what, if any, estate planning was done.  Generally, court fees, appraisal fees, executor fees and attorney fees can be expected.  Some of these fees are established or limited by the laws of the state where you live.  The cost of probate is also a factor.  This expense is commonly between 5% and 10% of the gross … [Read more...]