How to Set Up a Trust
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How to Set Up a Trust

Estate Planning

How to Set Up a Trust

A trust is a legal agreement between two or more parties that grants one party, or trustee, specified assets while the beneficiary, or the person for whom the trust is established, retains ownership of said assets. If you’ve ever wondered how to set up a trust or how they work, we explain below in detail how to set up a trust, from creation to distribution. The five-step process: Creation Tax Recognition Funding Administration Distributions 1. Creation The steps in creating a trust are: Identifying the person who establishes the trust, usually called the “Grantor.” Identifying an appropriate trustee. A Trustee [...]

Jerold Rothkoff2024-03-08T11:08:07-05:00April 7, 2023|

The Importance of Healthcare Planning Documents
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The Importance of Healthcare Planning Documents

Estate Planning

The Importance of Healthcare Planning Documents

Healthcare is an essential part of our lives, and sometimes our loved ones may require medical treatment or healthcare at a time when they are unable to communicate their wishes. Whether because of cognitive impairment, unconsciousness, or mental healthcare needs, proper legal planning and healthcare planning documents are helpful. With regard to medical decision-making, various documents exist to allow individuals to appoint another to make healthcare decisions in advance and to ensure their wishes are known (and followed) when they are unable to communicate those wishes. Healthcare planning documents, such as Healthcare Powers of Attorney and Advance Healthcare Directives, are [...]

Bryan Adler2024-03-08T11:08:35-05:00April 3, 2023|

Frequently Asked Questions about Powers of Attorney
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Frequently Asked Questions about Powers of Attorney

Estate Planning

Frequently Asked Questions about Powers of Attorney

In this comprehensive overview, we answer the questions you may be asking about powers of attorney, living wills, and attorneys-in-fact to give you a well-rounded understanding of the roles, responsibilities, and processes that follow. How to Use This Information This article is organized into seven parts: (1) About the Power of Attorney; (2) Powers and Duties of an Attorney-in-Fact; (3) Using the Power of Attorney; (4) Financial Management and Liability of an Attorney-in-Fact; (5) Relationship of the Power of Attorney to Other Legal Devices; (6) Health Care and the Power of Attorney; and (7) Guardians and Powers of Attorney. 1. [...]

Jerold Rothkoff2024-07-29T11:57:57-04:00March 28, 2023|

Do You Believe These 5 Elder Care Law Myths?
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Do You Believe These 5 Elder Care Law Myths?

Estate Planning

Do You Believe These 5 Elder Care Law Myths?

Elder care law is a complex area of law that deals with legal issues affecting seniors. Unfortunately, there are a lot of misconceptions that can lead to confusion and misunderstanding. Here are five common elder care law myths debunked. Elder care law only covers issues related to retirement: Rothkoff Law Group provides counsel for a range of legal issues: care coordination, healthcare advocacy, wills and trusts, Medicaid and asset protection planning, family counseling, long-term care, and the list goes on. Our team of care advocates and elder law attorneys also help with end-of-life planning, estate planning, and other legal matters [...]

Bryan Adler2024-03-08T11:09:36-05:00March 17, 2023|

The Value of Planning Before a Senior Healthcare Crisis
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The Value of Planning Before a Senior Healthcare Crisis

Aging, Estate Planning

The Value of Planning Before a Senior Healthcare Crisis

Recently, Tina Kane, one of our elder care coordinators, and I were invited to speak on the Givnish Spotlight hour on WWDB 860 AM. The show is led by representatives of the Life Celebrations family of funeral homes, a group that advocates for preneed burial and funeral planning. The reason for our invitation to join a few weeks ago was to discuss the value of planning as we age. Simple in concept, complex in execution. If there's a list of things we dislike or avoid talking about, I imagine death and dying would be near the top. Not far [...]

Bryan Adler2024-03-08T11:11:49-05:00February 3, 2023|

Solo Agers: Identifying Support Care, Asset, and Legal Support
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Solo Agers: Identifying Support Care, Asset, and Legal Support

Aging, Estate Planning

Solo Agers: Identifying Support Care, Asset, and Legal Support

A recent New York Times article detailed an increasing cohort of solo agers—those over 50 aging alone—and the physical, financial, and psychological effects of doing so. In 1960, less than 15% of households had a single occupant; that figure is nearly 30% today. Almost twice as many Americans over the age of 50 live alone today than in the year 2000. The research on this is clear: Seniors living alone have poorer physical and mental health and shorter life spans. In fact, research shows that loneliness is as damaging to physical health as smoking 15 cigarettes daily. Because solo agers [...]

Bryan Adler2024-03-08T11:17:13-05:00December 2, 2022|

The Life Care Plan: A Complex and Confusing Puzzle
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The Life Care Plan: A Complex and Confusing Puzzle

Aging, Estate Planning

The Life Care Plan: A Complex and Confusing Puzzle

Navigating a successful life care plan is much like a puzzle. Every step must be correct to progress and complete the plan. I love puzzles. Crosswords, sudoku, cryptograms, almost any puzzle. My friends and family poke fun at me for casually glancing at a puzzle on the NY Times iPhone app when I should be engaged otherwise (like at dinner or at my daughters’ soccer games). Regardless of my penchant for puzzles at inopportune times, my wife, Stefanie, recently gave me The Puzzler by A.J. Jacobs. The book follows Jacobs’ “quest to solve the most baffling puzzles ever, from crosswords [...]

Bryan Adler2024-03-08T11:21:57-05:00October 14, 2022|

The Benefits of Having an Elder Care Coordinator on Your Side
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The Benefits of Having an Elder Care Coordinator on Your Side

Estate Planning

The Benefits of Having an Elder Care Coordinator on Your Side

Have you ever considered the benefits of an elder care coordinator when planning for your or a loved one’s future? Rothkoff Law Group follows a unique elder care law firm model called Life Care Planning. This model encourages its law firms to hire care coordinators (usually a social worker or nurse) to help clients navigate the long-term care maze. We often hear, “What does the elder care coordinator do?” When we mention our firm has six geriatric social workers on staff, the reaction is either delight or confusion (or sometimes both). Below is an example of a typical client of [...]

Jerold Rothkoff2024-03-08T11:26:32-05:00August 5, 2022|

Elder Law Fees and Investing in Peace of Mind
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Elder Law Fees and Investing in Peace of Mind

Estate Planning

Elder Law Fees and Investing in Peace of Mind

Elder law fees are often a concern for families seeking care and advocacy for an aging loved one. When I meet with professional partners or speak with someone who expresses a need for elder care law services, people are often intrigued that Rothkoff Law Group offers a flat-rate fee structure, as it is common for a law firm to bill per hour rather than a flat-rate. So why does Rothkoff Law Group do this? When a client or an involved family member or friend contacts Rothkoff Law Group, they are overwhelmed and confused about the uncertainties of what the future [...]

Rothkoff Law Group2024-03-08T11:30:11-05:00April 29, 2022|

Living Will and Dignified Aging: Have the Conversation
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Living Will and Dignified Aging: Have the Conversation

Estate Planning

Living Will and Dignified Aging: Have the Conversation

As loved ones age, having the discussion on dignified aging and a living will can be challenging and emotional for families. Considering that spring is arriving and it appears the world may be opening up a bit more (hopefully), families will start reconnecting, spending quality time together, and planning vacations. Since the start of the pandemic, many families forewent these gatherings in an effort to avoid unnecessarily exposing themselves or loved ones to COVID-19. However, since late 2021 and increasingly so, families are spending more time together. Considering how long it’s been since these families have sat together, this may [...]

Bryan Adler2024-03-08T11:32:24-05:00March 11, 2022|