Entries by Hewitt Law PLLC

Medicaid Planning for Seniors with Multiple Properties: Strategies for Real Estate Investors

Senior real estate investors face a unique set of challenges when it comes to Medicaid planning, primarily due to the complexities of owning multiple properties. While conventional Medicaid strategies often focus on a primary residence and limited assets, the intricacies of investment properties, rental income, and business structures demand a more nuanced approach. Proactive and […]

Coordinating Estate Plans with Gray Divorce Settlements: Strategic Planning for Wealth Preservation

Divorce at any age presents significant challenges, but for those navigating the dissolution of a long-term marriage later in life—often termed a “gray divorce”—the complexities are compounded, particularly when it comes to safeguarding wealth and ensuring a legacy. The intersection of divorce settlements and existing estate plans creates a labyrinth of legal and financial considerations […]

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 […]