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Our Latest Blog Posts

Overcoming Medicaid's Home Equity Limit

Overcoming Medicaid’s Home Equity Limit: Strategies for Senior Homeowners in West Virginia

May 6, 2025/by Hewitt Law PLLC

For many senior homeowners in West Virginia, their home is more than just a building; it’s a repository of memories, a symbol of independence, and often their most significant financial asset. As we age, the possibility of needing long-term care, whether in a nursing home, assisted living facility, or at home, becomes a very real […]

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Guardianship for Seniors with substance abuse issues

Guardianship for West Virginia Seniors with Substance Abuse Issues

May 6, 2025/by Hewitt Law PLLC

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. […]

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Family Limited Partnerships in Asset Protection and Estate Planning

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

March 31, 2025/by Hewitt Law PLLC

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 […]

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The Importance of Planning Ahead to Protect Your Assets

The Importance of Planning Ahead to Protect Your Assets

March 31, 2025/by Hewitt Law PLLC

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 […]

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Digital Assets, Estate Planning and Probate

The Impact of Digital Assets on Estate Planning and Probate

March 31, 2025/by Hewitt Law PLLC

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 […]

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medicaid

What is the Medicaid Trap and How Can You Avoid It?

March 3, 2025/by Hewitt Law PLLC

Planning for long-term care in West Virginia can be overwhelming, especially regarding Medicaid eligibility. The “Medicaid Trap” refers to the financial and legal challenges people face when trying to qualify for Medicaid to cover long-term care costs, often resulting in financial strain or disqualification from benefits. Without proper planning, Medicaid’s strict income and asset limits […]

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guardianship

Navigating Guardianship When Family Members Disagree: Legal and Emotional Considerations

March 3, 2025/by Hewitt Law PLLC

Guardianship may become necessary when a loved one is unable to make decisions due to age, illness, or disability. It’s a legal arrangement where a court appoints a guardian to manage personal or financial affairs for the ward. The process can become complex and emotionally charged when family members disagree on guardianship decisions. This legal […]

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creative estate planning totols

Beyond the Will: Creative Estate Planning Tools for Complex Family Dynamics

March 3, 2025/by Hewitt Law PLLC

Estate planning often goes beyond just drafting a will, encompassing strategies to distribute assets and protect your family’s financial future. For families with complex situations, a simple will may not suffice to address unique concerns and navigate intricate family dynamics. A comprehensive estate plan can provide the necessary flexibility and control to ensure your wishes […]

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gray divorce or later-life divorce and elder law

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

January 28, 2025/by Hewitt Law PLLC

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 […]

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Power of Attorney vs Guardianship for Disabled Seniors in WV

Power of Attorney vs Guardianship for Disabled Seniors in WV

January 28, 2025/by Hewitt Law PLLC

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 […]

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