Your time and energy are spent helping your child with special needs to get the most out of life. But, have you ever considered what would happen to your child if you were to suddenly become incapacitated or pass away? Working with a Stratford will and trust lawyer experienced in special needs law is an...

Joint ownership in layman’s terms is synonymous with co-ownership. If a property is owned by more than one individual, it is referred to as being held in joint tenancy. What is the Advantage of Joint Ownership as an Estate Planning Method? One of the major advantages of joint ownership of an asset is that it...

Most parents expect their children to inherit their assets if they unexpectedly pass away, but what happens if the child is a minor when mom or dad dies? Because the minor is not a legal adult and cannot inherit assets, a Connecticut probate judge will need to appoint a legal guardian who will be responsible...

One of the first questions that a senior is generally asked when they enter a hospital or long-term care facility is whether they have a living will in place that specifies their wishes for healthcare. If the senior does not have one but wants to make his or her wishes known, he or she will...

Dementia is one of the most devastating conditions affecting seniors, resulting in an eventual loss of cognitive functions. While there is no cure for dementia or the two leading diseases that cause dementia, Alzheimer’s and Lewy body dementia, there are treatments that can slow the effects and help make life more manageable. In order for...

You’ve most likely seen articles and news segments about cryptocurrency. The most popular form is Bitcoin, but there are several others on the horizon. For the uninitiated, cryptocurrency is a digital or virtual currency that uses cryptography for security, making it difficult to counterfeit. One of the main reasons why people and investors like cryptocurrencies...

When done properly, an estate plan affords peace of mind to those creating it and leaves behind a legacy for their descendants. But sometimes estate planning can go awry – and it’s usually due to eccentricities held by either the creators of the estate plan, the beneficiaries, or both. To give a good idea of...

Just about everyone knows or loves someone with a substance abuse problem. The detrimental effects impact many facets of American society. Sadly, we are seeing an upswing in the number of clients that have to deal with a loved one’s substance abuse in their estate planning. Most parents want to split their inheritance equally among...

As a Trumbull will and trust attorney, I often see the results of what happens when someone does not plan for the possibility of an unexpected disability. Most people come to our office ready to plan for their retirement or how they would like to see their estates managed after they have passed away. However,...

You may have heard about this story: doctors were faced with an ethical dilemma when they found the words “Do Not Resuscitate” tattooed on a man’s chest. The tattoo even included the man’s signature. The patient had no other documentation and was not accompanied by any family members who could help the doctors understand what...

For some families, bankruptcy is the only way out from living under a mountain of debt.  Filing for bankruptcy is a not a decision most people enter into lightly as the process can have a number of long-term and severe consequences. Once such consequence that tends to go overlooked is the possibility that a person...

As a Stratford will and estates attorney, I’m often asked, “How does a Healthcare Directive or Living Will work in Connecticut?” Essentially, an Advance Healthcare Directive, sometimes referred to as a Living Will in Connecticut, is a legal document that spells out your wishes for healthcare if you are incapacitated or otherwise unable to speak...

One of my greatest passions as a New Haven County estate planning lawyer is teaching parents how to wisely prepare for death. I realize the possibility of dying while your children are still young can be difficult to accept and that’s why many parents choose to not think about it. Unfortunately, this fear can prevent...

As a Trumbull trust lawyer, I’ve found that most people do not understand the serious privacy intrusions that their family can face if they die without a Living Trust. Here in Connecticut and across the country, if you pass away without a Living Trust, all of the details about your family’s inheritance and what you...

Raising a child with special needs is challenging. Sadly, the stress of the situation contributes to the high rate of divorce among couples who are raising children with special needs. In fact, it is estimated that the rate of divorce in these households are between 80% and 90%. If you are going through a divorce...

The answer to this question and so many other estate planning questions is, “Yes, but….”. It is true that if you own an asset jointly with rights of survivorship in Connecticut, the joint tenant will automatically retain ownership of the property when you pass away. The assets held in joint tenancy will avoid probate when...

As a Trumbull estate planning attorney, I know Millennials have a lot going on; they are starting their careers, buying their first homes, and starting their families. With so many “beginnings,” it’s hard to imagine finding time to stop and think about “the end.” A lot of people think that they are too young to …

A family home or vacation property is often the most valuable asset in an estate. While the homeowner may want to leave their cherished property to children or other beneficiaries as an inheritance, taxes can quickly thwart well-meant plans. The sad truth is that without proper planning, most heirs simply cannot afford the tax bills...

Serious health diagnoses can impact your life in huge ways and may bring concerns you haven’t thought of up to the forefront. One of those concerns, which is often pushed off when everything is going well, is estate planning and/or elder law planning.  Planning can give you the peace of mind of knowing that your...

As an estate planning attorney in Trumbull, I have seen many unfortunate circumstances where a person goes through the time and expense of having an estate plan created only to fail to update their beneficiaries on their financial or retirement accounts before they pass away. An example of this would be Mary naming her brother...

When it comes to asset protection planning for retirement and leaving legacies to your loved ones, there are several different trusts available that can help accomplish your goals. One type of trust called an Irrevocable Life Insurance Trust (ILIT) ensures that the benefits of your life insurance policy are kept separate from your taxable estate....

If you are over 70 ½ years old, you can donate some or all of your IRA to an eligible special needs charity or non-profit of your choice. Using a Qualified Charitable Distribution, you can donate directly from your IRA to the charity. Not only is this a great way to support your favorite organizations...

The words Top 5 written in vintage letterpress type[/caption It’s no secret that the elderly are a favorite target of scam artists. Criminals will troll the internet and phone lists looking for seniors that are easy to prey upon due to an illness, disability, or cognitive impairment. Another reason scam artists...

In a rare instance of bipartisan cooperation, Congress recently passed a law that will expand benefits to individuals enrolled in Medicare Advantage plans who have chronic illnesses. The Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act will cover certain supplies and services not previously covered such as telehealth services, at-home visits...

This may sound like a situation from a movie, but it happens more than you can imagine: a long-lost child appears after the death of their parent. This is an alarming situation for many reasons, but people often wonder if that child has a claim against the deceased’s estate. The answer is yes, but only...

If you are reading our blog, you have probably already decided that you want to create a living trust with a Trumbull will and trust lawyer to avoid probate and put a quick end to the estate administration process. You might also have decided that you want your estate and the decisions you made about...

Legal competency concerns can lead to issues for senior citizens, during both life and death. This is especially true for financial affairs and disputed inheritances. Milford Elder law attorneys must be able to determine a senior’s legal competency in both physical and mental areas because of the serious consequences it can have for long-term care...

There’s good news for vulnerable seniors in Connecticut and across the country. As part of a larger bipartisan bill on banking reform, the Senior Safe Act became law in the month of May. This legislation is an attempt to stop acts of financial abuse targeted at senior citizens by encouraging banks, credit unions, investment advisors,...

I know many people who love timeshares. That is, the option to be a part owner of a property which is used for getaways and vacations. Even though a deeded timeshare is an interest in real property, it is usually more of a luxury than an asset. Even if the mortgage is paid, there are...

A lot of parents come into our Trumbull estate planning law firm with mixed feelings about passing on the balance of their retirement accounts to their children when they die someday. On one hand they are proud of the money they have saved over their lifetime in an IRA; on the other hand, they worry...

The majority of people we see in our New Haven estate planning law firm name their adult children as beneficiaries of their estate plan. In most cases, this works well because children typically outlive their parents. But, what happens when a child dies before the parent? What becomes of the inheritance that a parent plans...

I’ve written many times about the importance of selecting the right person to serve as trustee for a Special Needs Trust. The trustee will need to make distributions, file tax returns, and carry out numerous other duties that go along with administering a trust. Families often consider a sibling for this important role. There are...

An executor is chosen by a testator to carry out the intentions of the will after the testator has died. It’s fairly easy to replace an executor when the testator is still alive – all the testator has to do is simply name a new executor. However, this becomes far more complicated and difficult once...

Here in New Haven, living will attorneys know full well the ramifications of not planning ahead for an unexpected disability.  Even those clients who understand the importance of estate planning tend to overlook what would happen if they should become unable to care for themselves.  It’s not the happiest thought, but the reality of not...

As a Milford will lawyer, I advise that it’s always best for a person to write down one’s intentions for their property when they die. However, many people still die intestate (without a will), and their intentions aren’t known. Often, however, these people’s heirs may make a claim that the deceased orally stated what their...

When it comes to estate planning, most people think of streams of income that are typical, such as current employment, retirement plans, and bank accounts. These obviously need to be included. But, there are other, less obvious types of income that some people forget. When you work with an experienced Stratford estate planning attorney, they...

I’ve worked with many Milford grandparents interested in leaving a legacy behind for their grandchildren. A lot of people are surprised when I tell them they could be causing more harm than good if they aren’t careful. Imagine this for a moment; what would you have done if you were given a large sum of...

Adding your child to your bank  account seems like common sense so they can help with paying bills. This is convenient, but what people often don’t realize is that the child will have more authority than to just sign checks. Adding your child to your bank account means that they legally own half of the...

It’s a common story among blended families: an aging parent becomes ill and the parent’s biological children clash with the parent’s spouse. While some of these disagreements are generally small, there are times when the disagreements are not only great, but the child also fears for the parent’s health and safety. Even though spouses have...

One thing that surprises many of my clients is that Powers of Attorney are necessary even for married couples. People automatically assume that their spouse will be able to handle everything on their behalf if they become incapacitated. This is not usually the case. A Power of Attorney is a legal document that appoints an...

Milford estate planning attorneys know, a divorce changes everything. If you are in the process of divorce or just finishing up, you are most likely busy trying to readjust to your new life. Although it’s a hectic time, it is important that you do not forget that you need to update your estate plan. Here...

When most people think about estate planning, they picture money and property. But, as a Stratford will and trust lawyer, I see more and more people adding intangible assets to their estate plan. Intangible assets might be things that have no monetary value, but are nonetheless important to the family. They may include personal letters,...

Picture this – you get an opportunity to spend some alone time with your spouse. What do you do to prepare for date night? You carefully select a babysitter. Then, you write detailed instructions; when to feed the baby, how often to change diapers, what snacks are allowed…and you leave a myriad of contact information...

Unfortunately, many parents of children with special needs wait until their child turns 18 to consider creating a Special Needs Trust. Sometimes, they even wait until their child eventually needs government benefits like SSI or Medicaid. However, Special Needs Trusts do a lot more than just protect the beneficiary’s access to government benefits and should...

The number of adult children caring for their elderly parents is growing at a very fast pace. If you are a baby boomer and not already caring for an elderly parent, chances are high that you might be facing this situation soon.  It isn’t always easy to know when, or how, to step in to...

Elder care lawyers in New Haven work with families to prepare for any number of situations in the estate planning process. One circumstance that is especially relevant to elder care law is dementia. Alzheimer’s disease and other forms of dementia are almost exclusively conditions which appear late in life. Along with the emotional turmoil on...

Unless you were living under a rock, you most likely heard about the tax reform bill that was passed by Congress and signed by the President over the holidays. One big change that came out of it was the doubling of the exemption amount for federal estate, gift, and generation-skipping transfer taxes. Beginning in 2018,...

The Achieving a Better Life Experience (ABLE) Act, which was created by Congress in 2014, allows people with disabilities and their families to save up to $100,000 in accounts for the benefit of a disabled person. The funds can be saved without jeopardizing the individual’s eligibility for Medicaid, Supplemental Security Income (SSI) and other government...

Will and Trust lawyers in Trumbull have the important job of helping their clients create a legacy that is compliant with a number of different laws. For the most part, these laws will vary from state to state.  Some differences are minor, while others can impact an estate plan significantly.  Someone who already has established...

Longer lives are among the greatest achievements of our modern era. Advances in healthcare and other progress related to human safety have resulted in what the United Nations says is one of the most significant social transformations of the 21st century. However, with the success of longer lives come problems that catch most of us …

Millions of individuals are affected by dementia in their lifetime. Unfortunately, it is usually after a medical crisis like dementia hits that many families begin to think about estate planning. What people don’t realize, however, is that it may be “too late” under the law to make a plan after dementia strikes.  This is usually...

Blended families are becoming more and more common in modern society, and yet, estate laws remain largely unchanged and are still geared toward a “traditional” family structure.  This poses an issue when it comes to leaving an inheritance to step-children in an estate plan.  Step-children are often not legally adopted by the new spouse, which...

This tragic hurricane season and other disasters have taken a toll on many parts of the United States and the Caribbean. They have also taken a toll on the charitable organizations that step in when a crisis hits.  As a will and trust lawyer in Trumbull, it is gratifying to meet with clients who want...

Often, when we think of someone having property overseas, we think of George Clooney and his Italian villa or Richard Branson and his private island. However, plenty of everyday Americans own property or assets in other countries, and it may become part of their estates when they pass on. There are special considerations to keep...

It’s entirely possible for someone to have an estate and no one to inherit it when they die. It could be due to not having children of one’s own and no other family. It could also be due to outliving all of one’s relatives, or not having relatives who live in the United States. Whatever...

As a Stratford elder law attorney, I get this question quite a bit. Should I invest in long-term care insurance? The answer is….maybe.  Let me explain. First, you should consider the fact that the Department of Health and Human Services estimates that anyone reaching the age of 65 years has a 40% chance of entering...

Even with the best intentions, most senior citizens don’t plan for a future in which they may be incapacitated. Perhaps they didn’t want to face the prospect of losing autonomy, or perhaps they fell ill before they had a chance to plan. Either way, for those with elder relatives and loved ones who no longer...

Unfortunately, family feuds that center around someone’s will or trust are a tale as old as time. Even if this is not something you have personally experienced, you may have heard a few horror stories. While family squabbles after the death of a loved one are not always avoidable, there are a few strategies that...

Being a responsible parent is usually associated with bedtime stories for toddlers, homework reminders for grade schoolers, and trying to decide whether or not your teenager is responsible enough to drive to school on his or her own. Creating an estate plan for those children is not something we usually associate with responsible parenting, but...

Children with special needs, or Children with Special Health Care Needs as defined by the Social Security Act, are eligible to receive a number of government benefits to pay for the aid, care, and services that are available to them. There are many ways a child can qualify as a Child with Special Health Care...

Not too long ago, a person who decided to leave an inheritance behind for their pet might be considered eccentric, to say the least. Take, for example, the case of Leona Helmsley: when she died in 2007, she left her dog, Trouble, an inheritance worth $12 million. While there may have been other factors weighing...

The elderly are too often targets of unscrupulous individuals who may try to take an unsuspecting senior’s money. Seniors are especially vulnerable as they become less cognitively able and thus more dependent on other adults. Unfortunately, elder financial abuse is common in Connecticut. Here are some red flags to watch out for with your elderly...

When it comes to creating a special needs plan for a loved one with disabilities, it’s the hope that all family members are in agreement and ideally on the same page. But, even if everyone is working together, there can be issues when the parents are divorced. Often, there are separate estates, separate finances, and...

A common concern for those who have remarried is that they still want to leave the bulk of their estate to their adult children without abandoning their current spouse. The solution? Create a life estate. A life estate is a tenancy that allows a person to use a property for the rest of their natural...

An estate administrator has a duty to manage the estate and do so in the best interest of the beneficiaries. However, not every administrator acts in good faith, and even when they do, disputes and discrepancies can make a beneficiary want to know exactly where the assets are and where they’re going.  What duty does...

Dying intestate, or without a will, is very common. If you die without a will, your property will go through probate and is then distributed according to Connecticut’s intestacy laws. Intestacy laws govern intestate property. They go into effect unless there is a valid will to testify to the deceased’s wishes or an established estate...

When the primary breadwinner dies, his or her surviving spouse, domestic partner and minor children can find themselves without the necessary resources to maintain their current lifestyle. If you find yourself in this position, you do have options. Under Connecticut laws, you have entitlements in regard to a place to live, use of personal property,...

Special needs planning in Connecticut can be daunting if you’re just starting. However, a New Haven special needs lawyer can save you the headache of planning and the worry over whether your plan will be executed properly. If you’re new to special needs planning and aren’t sure where to start, check out these do’s and...

Giving your children and grandchildren the legacy and pride of a family business can keep your nose to the grindstone for decades. Financial security, family harmony, and growing wealth together are some of the benefits of a family business. Legacies are meant to outlive the legacy makers. If you’re a business owner in Connecticut, don’t...

Most people don’t realize the high cost of nursing home care until an aging parent’s health declines to the point that they need to move into one. As a Milford elder law attorney, I can’t stress enough that this is a really bad time to learn that your familycould need to come up with almost...

Note from Franklin A. Drazen, Founding Attorney of Drazen Law Group Since the inception of Drazen Law Group, our mission has been clear: to provide quality life-care planning services and legal representation to seniors, families and the most vulnerable members of our society that have been left behind or greatly underserved for decades.  As part...

When you have a child that may require a lifetime of assistance and care, extra attention must be given to planning their future.    Our Stratford special needs planning lawyers work with parents every day to ensure their children with disabilities have the necessary estate and transition plans in place for total peace of mind. A...

You have worked hard to leave a financial legacy for your children., One of the most asked questions I get is how to prevent the inheritance from going to a child’s spouse if they get divorced.  After all, who wants a child’s ex spouse to walk around with their legacy? But, under current law, that...

As a Stratford special needs lawyer, I often receive questions about whether a disabled individual can continue to receive public benefits after receiving an inheritance. The answer is that it really depends on the type of benefit that is being collected, the age of the beneficiary, and what other planning options are available. Social Security...

One of the many questions Trumbull estate planning lawyers get asked is how long is a Power of Attorney in effect. The answer to that question is complicated in the beginning, but very simple at the end: depending on what type of Power of Attorney you have, it may be in effect as soon as...

When making an estate plan and Last Will and Testament, many people have a difficult time deciding who should be the Executor of their estate. One consideration is naming Co-Executors – two or more people who serve as executor of the estate. Each Co-Executor named in your Last Will and Testament will have authority over...

Recent studies have shown that only slightly more than half of all Americans have a Will or Trust document in place to direct their estate after they pass away, and that the vast majority of those documents have not been updated in the last five years. Even worse, it’s been reported that most adult children...

Last week, we looked at the problems and challenges faced by people with disabilities, discussed how ABLE accounts address those problems, and explained how ABLE accounts differ from Special Needs Trusts and Pooled Trusts. This week, Attorney Franklin Drazen discusses the mechanics of ABLE accounts including eligibility criteria, contribution limits, allowable expenses, and how to...

In Part 1, Attorney Steven Rubin explained the basics of Pooled Trusts. This week, Attorney Franklin Drazen, certified as an Elder Law Attorney by the National Elder Law Foundation, explains the options available to Connecticut residents who want to participate in a Pooled Trust. In August 2016, the “What the Hell is a Pooled Trust”...

For the past few weeks, we’ve been talking about ABLE accounts. In this final installment of our three-part series, Attorney Franklin Drazen talks about the importance of developing an overall strategy for funding the living expenses of a person with special needs, and shares links to online resources that will be helpful to any family...

At Drazen Law Group, we’re often asked why anyone would need an attorney to help put a loved one in a nursing home. After all, the admission process seems like it should be a simple matter, something that family members could easily handle—like going to the DMV to change your vehicle’s license plates. Unfortunately, the...

In late September, as part of the first major overhaul of federal nursing home regulations in a quarter-century, the Centers for Medicare and Medicaid Services (CMS) issued a final rule prohibiting binding pre-dispute arbitration agreements in facilities that accept Medicare and Medicaid patients. Attorney Franklin Drazen explains what this means for families. Families often turn …

If you’ve just inherited an IRA, annuity, stocks, bonds, or other assets from your parents, minimizing your tax obligation is paramount. What do you need to know to keep Uncle Sam from taking more than his share when you file your tax return? In this three-part series, Attorney Franklin Drazen covers a few of the...

If you’ve just inherited an IRA, annuity, stocks, bonds, or other assets from your parents, minimizing your tax obligation is critical. What do you need to know to keep Uncle Sam from taking more than his share when you file your tax return? In this three-part series, Attorney Franklin Drazen covers a few of the...

If you’ve just inherited an IRA, annuity, stocks, bonds, or other assets from your parents, minimizing your tax obligation needs to be addressed. What do you need to know to keep Uncle Sam from taking more than his share when you file your tax return? In this three-part series, Attorney Franklin Drazen covers a few...

Every once in a while, someone will ask me how I got in to elder law. Like many things in life, it wasn’t planned. It was more like a fortunate wandering into a wonderful career. I didn’t set out to become a lawyer. After college, the plan was for me to work in the family...

I’ve worked with a lot of family caregivers over the years. Most burn the candle at both ends to take care of their elderly loved ones while tending to families and careers of their own. In many cases, family caregivers become so focused on the tasks at hand that they don’t even know they need...

I’m often asked whether a person who inherits property has to pay income taxes on that property. In most cases, the answer is no. However, there is one exception: Income in respect of a decedent, also known as IRD. All income the decedent would have received had death not occurred that was not properly includible...

Do trusts pay taxes? It depends.  Generally speaking, the IRS divides trusts in two broad categories when it comes to the issue of taxation: In a grantor trust, the owner (the “grantor” in tax lingo) is treated as an individual taxpayer. All income generated by the grantor trust is reported by the trust owner’s on …

If you or a loved one has recently been diagnosed with Alzheimer’s disease, you are undoubtedly going through an emotionally-draining and tumultuous time. One thing that could help you is to plan ahead and develop your own care team. This is a group of support people that will help you through the different stages of...

The death of a loved one is one of the most difficult experiences to deal with in life. What makes the situation even harder is the financial aspect that accompanies funeral and burial expenses. Money is often the last thing grieving families want to think about but, unfortunately, expenses related to death must be paid...

Many people are familiar with this common horror story: a parent remarries later in life to a person with a family of his or her own. When the parent passes away, their estate goes entirely to their new spouse through the laws of intestacy. When the new spouse then dies, the cumulative estate goes to …

Irrevocable Trusts are an integral part of most asset protection planning strategies. They are used to protect property and assets from nursing homes and other predators and, depending on your individual situation, can end up saving you thousands of dollars. Milford Trusts attorneys have put together some of the basics to give you everything you...

Estate planning lawyers in Milford are typically tasked with the job of helping clients determine what to do with their assets after death.  There are other important aspects to estate planning, and one that can be overlooked is the need for disability insurance.  Those who are in good health and looking forward to retirement in...

Identity theft is the fastest rising crime in America today. Criminal syndicates located overseas are gaining access to your personal information through a variety of tactics and using that information to open credit cards and bank accounts to buy products that they are then selling for profit. Due to complex international laws most of these...

Elder lawyers in Milford are well-versed on the ins-and-outs of nursing home expenses and they continually work with seniors to determine how best to lower costs and protect assets.  One recommendation that does not always get enough attention is to spend a little on remodeling your home to save big on nursing home costs down...

It’s a common question, especially for people caring for a loved one with a disability. Attorney Steven L. Rubin with Drazen Law Group answers the most commonly-asked questions about pooled trusts. What is a “Pooled Trust”? A pooled trust is a creature of federal disability law, authorized by Congress under 42 U.S.C. section 1396p(d)(4)(C). Before...

Do your summer vacation plans involve including an elderly relative in your trip to the shore, mountains or summer home? These tips will help things go more smoothly. Parking. If you will be parking in a location that requires any amount of walking, bring your handicapped parking sticker. Get the sticker if you don’t already...

If all the creative power used to develop scams was directed toward solving problems like curing cancer or ending world hunger, we would be living in a utopian world by now. But no. Scammers keep thinking up new schemes to separate seniors from their hard-earned money. What are the latest scams targeting seniors in Connecticut?...

Long-term care is one of the most expensive cost people will face and a danger to the life savings of senior citizens. The fear of losing control, the loss of assets, possessions, and homes drives people to search out ways to protect themselves from the enormous costs associated with long-term care. Many seniors turn to...