Entries by Hewitt Law PLLC

Navigating Guardianship for West Virginia Seniors with Traumatic Brain Injuries

What is guardianship in West Virginia? Witnessing the effects of a Traumatic Brain Injury (TBI) on an older loved one presents profound emotional and practical difficulties. Seniors are particularly vulnerable to TBIs, often resulting from falls or accidents, and the consequences can significantly alter their lives. A TBI can impair cognitive functions, affect decision-making abilities, […]

Medicaid Planning for Blended Families in WV: Balancing Spousal Protection and Children’s Inheritance

Life often leads down paths that include remarriage, creating loving blended families across West Virginia. While these unions bring great joy, they also introduce unique considerations, especially when planning for the possibility of long-term care. The significant expense associated with nursing home or extensive home health care frequently makes Medicaid assistance a necessity. Qualifying for […]

Elder Law Considerations for Senior Veterans in West Virginia

As we age, planning for the future becomes increasingly important, and elder law focuses on the unique needs of older adults and individuals with disabilities. This includes long-term care planning, estate planning, guardianship, and healthcare decisions. For senior veterans, these concerns are more complex due to additional benefits and challenges related to military service, such […]

The Role of Life Estates in Medicaid Planning: Pros, Cons, and Alternatives

Planning for long-term care is a critical aspect of financial and estate planning, particularly as healthcare costs continue to rise. Many West Virginians find themselves facing the daunting prospect of needing nursing home care or in-home assistance and understandably worry about how to afford this care without depleting all their assets, including their home. Medicaid, […]

Guardianship for West Virginia Seniors with Substance Abuse Issues

The golden years should be a time of peace and enjoyment, but for a growing number of seniors, the reality is complicated by the dual challenges of aging and substance abuse. As people age, they may face physical and emotional challenges that can lead to the misuse of prescription drugs, alcohol, or even illicit substances. […]

The Role of Family Limited Partnerships in Asset Protection and Estate Planning

Family Limited Partnerships (FLPs) are powerful tools for high-net-worth individuals and families to protect assets and minimize estate taxes. FLPs allow family members to jointly own assets while maintaining control through general partner roles and transferring limited partnership interests to heirs. This structure can provide significant tax advantages, including potential discounts on gift and estate […]

The Importance of Planning Ahead to Protect Your Assets

Asset protection strategies are important for safeguarding your wealth from potential risks such as lawsuits, economic downturns, or unexpected illnesses. These strategies can include setting up trusts, establishing limited liability companies (LLCs), and obtaining appropriate insurance coverage. Without proper planning, individuals and families risk losing a significant portion or even all of their hard-earned assets […]

The Impact of Digital Assets on Estate Planning and Probate

In today’s digital age, the lives of seniors are increasingly intertwined with the online world, from cherished family photos to valuable cryptocurrency investments. Addressing the unique challenges of digital assets in estate planning is essential. Traditional methods often fall short in managing the complexities of your online life. Failing to address digital assets in your […]

The Impact of Divorce on Elder Law Planning: Protecting Assets and Ensuring Care

Gray divorce introduces complex challenges for older adults, particularly in the area of elder law planning and asset protection. The dissolution of a long-term marriage often necessitates a comprehensive reevaluation of retirement savings, healthcare coverage, and long-term care strategies. Critical considerations include preserving financial stability, maintaining access to adequate healthcare, and updating essential legal documents […]