Entries by Hewitt Law PLLC

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 […]

Power of Attorney vs Guardianship for Disabled Seniors in WV

Discerning the differences between Power of Attorney (POA) and guardianship is important when planning for a disabled or aging loved one’s future. A POA allows a competent individual to designate someone to make decisions on their behalf, while guardianship is court-appointed for those who are deemed incapacitated. The key distinctions lie in the level of […]

How to Effectively Avoid the Medicaid 5-year Lookback

The Medicaid 5-year lookback rule is a vital aspect of Medicaid eligibility for long-term care coverage, allowing the program to review financial transactions made within five years prior to application. This rule aims to prevent individuals from artificially impoverishing themselves to qualify for Medicaid benefits by identifying disqualifying transfers, which can result in penalty periods […]

Creative Uses of Conservation Easements in Estate and Medicaid Planning in West Virginia

Conservation easements are a powerful yet often underutilized tool in estate planning and Medicaid asset protection. By strategically limiting the development or use of land, property owners can reduce their tax liabilities, preserve their legacy, and improve Medicaid eligibility while maintaining control over the land’s purpose. For farmers, landowners, and families in West Virginia who […]