A Lexington, Kentucky, based law firm, Hargrove Madden, has been named the recipient of the 2012 American Bar Association eLawyering Award, given annually to recognize innovative delivery of personal legal services. Special attention is given by the ABA to firms that serve both moderate income individuals and the middle class.

Roger Madden, a founding partner who holds an advanced tax degree, added: “Everyone can benefit from a Last Will and Testament, a Living Trust, as well as medical and financial Powers of Attorney. Together, these documents can help families avoid some of the burdens associated with estate administration and the probate process. With the right technology, requisite security and systems in place, an estate plan can be made readily available to anyone who has internet access. We’re pleased that the ABA has endorsed our efforts to bring legal services to a broader audience.”

Although Hargrove Madden is focused on high net worth estate planning in its traditional practice, the firm began its online ...

In Florida, which is an "income cap" state, eligibility for Medicaid benefits is barred if the nursing home resident's gross income from all sources exceeds $2,094 a month (for 2012). However, if the excess income above this amount is paid into a "(d)(4)(" qualified income trust" ("QIT"), or "Miller" trust, any person in Florida, regardless of income level, can qualify for Medicaid benefits to pay for nursing home costs.

A QIT is a trust that is designed to allow the individual whose income is above the "income cap" to deposit all of the income in excess of the allowable limit into the trust on a monthly basis. Each month the income is then paid from the trust to the nursing home up to the nursing home's standard rates.


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There is a difference of opinion among estate planning professionals regarding designating a revocable living trust as a beneficiary of a 401(k) plan or other retirement plan (such as an IRA).

Some of the differing opinions derive out of misconceptions involving the Internal Revenue Code and the income tax. Prior to 2003 there was much concern with regard to naming a trust as the beneficiary of a retirment plan. The concern was that it would be necessary to immediately distribute the retirement plan account to the trust and realize income tax on all of the distribution in the year of death.

Beginning in 2003, the IRS issued a number of rulings that allowed a properly drafted revocable trust to be the beneficiary of a retirement plan account without adverse income tax consequences. In 2005, Congress passed the Pension Protection Act of 2005. That Act allows a revocable trust to be an eligible beneficiary of a retirement plan.

The primary advantage of ...

There is no question that long term care for the elderly is expensive.Similarly, there is no question that as the population ages, the cost of long term care will continue to increase if for no reason other than the basic economic propositon that increased demand pushes prices higher when the supply doesn't increase proportionally. With boomers turning 65 at the rate of 10,000 a day there is practically no way for supply to keep up with demand.

It's also true that everyone doesn't have the financial resources to obtain Cadillic levels of long term care for their elderly family members. That doesn't mean that you should throw in the towel and take whatever care is available for your elderly parent, sibling or spouse.

Long term care planning, whoever your are, whereever your ...

Let's say you have a child with "special needs," or a sister, brother, mother or other family member. You have not created a special needs trust as part of your own estate plan. Why not?

We know why not. We have heard pretty much all the explanations and excuses. Here are a few, and some thoughts we would like you to consider:

I don't have enough money to need a special needs trust. Really? You don't have $2,000? Because that's all you have to leave to your child outside a special needs trust to mess with their SSI and Medicaid eligibility.

I can't afford to pay for the special needs trust. We apologize that it can be expensive to get good legal help. But the cost of preparing a special needs trust for your child is likely to be way, way less than the cost of providing a couple month's worth of care. That is what is likely to happen if you die without having created a special ...

To all of our friends, clients, vendors and readers, we wish each and everyone of you a very happy holiday season, filled with good spirit and family gatherings. May your New Year be your happiest, and most prosperous, ever.

But, should that holiday party or family gathering turn out to be a little stressful, here's some good counsel on how to avoid committing a crime against family from Gina Simmons of Forbes.com:

Holidays: An Occasion for Crimes of the Heart

Gina Simmons, Contributor

For about the last year I have been an Accredited Attorney with the Veterans Administration, Department of Veterans Affairs. Over that period of time I have been exploring all of the nuances of Veterans Benefits and the situations in which Veterans Benefits can be of most value to my clients and prospective clients. During that period of time we also have successfully represented several clients through the process of applying for and being awarded Veterans pension benefits and Aid and Attendance benefits.

The Veterans pension benefit and Aid and Attendance benefit have been available to veterans since the Spanish American War. A significant improvement was made in 1979. The benefits can be quite meaningful especially for the veteran, or surviving spouse of a veteran, who needs or is receiving in-home care or needs or lives in an assisted living facility. In some cases the Aid and Attendance benefit can be a favorable alternative to ...

Today is Veterans Day 2011. Our sincere thanks and gratitude to the many in America who have served our great country, and our heartfelt desire that the politicians running our country can have the backbone and resolve to keep it great.

More than 41 million Americans have served in the US military since 1775. Approximately 23 million of them are alive today, and more than 17 million living veterans served during a period of conflict. There are approximately 7.391 million veterans of the Vietnam War (1964-1975). Approximately 2.275 million veterans alive today served in the Korean War (1950-1953). More than 2.244 million veterans of Operation Desert Shield/Storm are surviving (1990-1991). And, more than 1.711 million veterans of World War II are alive today (1941-1945). [Statistics courtesy of  "America's Wars", Department of Veterans Affairs.]

All of those veterans serving during the period of time of any conflict (almost 12 million veterans) may be entitled to various benefits from the Veterans Administration, including, among other potential benefits, pension ...

Ignorance is bliss!  The baby boomers, turning 65 at the rate of 10,000 per day, seem to be fooling themselves into believing they won't need long term care during their lifetime.