AB (Marital/Family/Bypass) Trusts Planning – Do You Need to Get Rid of Yours?

Are you married and is the last time you and your spouse updated your estate plan more than a few years ago?  Then chances are your estate plan contains good old “AB Trust” planning (also called “Marital and Family Trusts” or “QTIP” and “Bypass Trusts”) which, up until 2011, was the only way for married […]


How to Protect Inherited IRAs After the Clark v. Rameker Decision 1

A couple of weeks ago, we talked about the landmark, unanimous 9-0 decision handed down on June 12, 2014, in which the United States Supreme Court held that inherited IRAs are not “retirement funds” within the meaning of federal bankruptcy law. This means they are therefore available to satisfy creditors’ claims.  (See Clark, et ux v. […]


Medicaid Study Released by GAO: Methods Used to Reduce Assets to Qualify for Medicaid

On Monday of this week, the U.S. Government Accountability Office released its report “Financial Characteristics of Approved Applicants and Methods Used to Reduce Assets to Qualify for Medicaid.”  This report was requested by several members of Congress, including:  Sen. Tom Coburn (R-OK) and Richard Burr (R-NC) and Reps. Darrell Issa (R-CA) and Trey Gowdy (R-SC). […]


New Yorker Magazine Cartoonist Likes Elder Law Attorneys

The popular New Yorker cartoonist Roz Chast has created a graphic memoir of coping with her parents’ final years, titled Can’t We Talk About Something More Pleasant? The book has received widespread attention and critical praise. At one point in the book Chast, an only child, takes her parents to see an elder law attorney (presumably a New York […]