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It’s never too late to save money. If, however, you wanted to save 100% of your money, you should have started planning five years before you needed Medicaid (through a Medicaid asset protection trust). You can give assets away, but any assets you give are counted for five years against you for Medicaid purposes. Most of my clients who come to me who haven’t done any sort of pre-Medicaid planning, nor have they set aside assets. The rule of thumb is that if you’re married and the first spouse needs to go into a nursing home, I can save 100% of your money—at least nine out of ten times. If your resources are vast, let’s say over half a million, then you may not be able to save all of it, but we can help you save most of it. Most of my clients are not worth more than half a million dollars, which is why they’re looking for Medicaid. If you’re not married and you’re single, I can still save half of your estate at that time, assuming it’s not over $500,000. Even without proper planning, you can always make gifts after you’re in a nursing home to protect assets and give assets to children while you’re still qualifying for Medicaid. So, it’s never too late; the worst you can save is half, but you might be able to save 100% of your resources if you plan ahead. What Are Some of the Biggest Mistakes That You’ve Seen People Make When It Comes to Elder Care Planning or Medicaid Planning? What Could They Have Done Differently With Your Assistance? First of all, one of the biggest mistakes that I see is people having a revocable living trust, which preserves assets from having to go to probate but does no Medicaid planning for them. Instead, I would advise them to look at protecting their home, and there are a number of ways to do that. We can protect the home through what we call a life estate deed or maybe with a Medicaid residential trust, which protects the home long-term from having to be liquidated to pay for a nursing home bill after your death. It will also take the home off the table so that if you sell it while you’re in a nursing home, it doesn’t disqualify you and protects the proceeds. Another mistake I see is parents deeding their house to their children outright. That’s a terrible mistake for a number of reasons. First of all, it counts against them for five years, which becomes an issue if you need Medicaid within that five-year period. There are also a number of problems that come with deeding your house to someone, the most obvious being that the house is not yours anymore. If your child gets sued by a creditor or they get divorced or whatever, your home is now subject to their creditors, and you might have to move out. Let’s say you did deed your home to your children five years before you need Medicaid; when you pass away, if your children decide to sell the house, they’ll have to pay capital gains on that sale for whatever you paid. So, that’s not a good option. Instead, I recommend putting your house in a trust that will preserve your tax exclusions upon your death and make it to where your children don’t have to pay taxes. It would take it off the table for Medicaid planning in advance, and it would also preserve the proceeds if you sell it while you’re in a nursing home.  I see these two mistakes—relying on a revocable living trust for Medicaid planning and deeding your house to your children—on a regular basis. There are better ways to plan for Medicaid.

Many veterans who have dedicated their lives to serving our country are entitled to numerous benefits, including special pensions that can significantly aid with long-term care costs. However, many of these benefits, like the VA Pension with Aid and Attendance, remain underutilized largely because veterans and their families are often unaware of their existence. Unlocking Veteran Benefits for Long-Term Care At Jurist Law Group, PLLC, we specialize in helping veterans and their surviving spouses navigate the complexities of claiming the benefits they rightfully deserve. Our founder, D. Kimbro Stephens, has a robust track record of assisting senior veterans across the United States, particularly those from Arkansas, to secure these crucial financial supports. What is the VA Pension with Aid and Attendance? The VA Pension with Aid and Attendance is a tax-free monetary benefit designed to provide financial assistance to wartime veterans and their surviving spouses who require daily support. Eligibility for this pension depends on several factors including service during wartime, medical needs, and financial thresholds. Eligibility and Benefit Details To qualify for the Aid and Attendance benefit, veterans or their spouses must require assistance with daily activities or be bedridden. The financial criteria involve income and net worth evaluations, which we detail comprehensively on our qualification information page. Current Maximum Benefit Amounts as of 2023: Married Veteran : $2,642 monthly / $31,714 annually Single Veteran : $2,229 monthly / $26,752 annually Healthy Veteran with Sick Spouse : $1,750 monthly / $21,001 annually Surviving Spouse : $1,432 monthly / $17,888 annually These benefits are particularly aimed at veterans of World War II, the Korean War, and the Vietnam War. Gulf War veterans are also eligible, though fewer are currently in need of long-term care due to their relatively younger age. Why Choose Jurist Law Group? Applying for and proving eligibility for VA benefits can be an overwhelming process fraught with bureaucratic challenges. Jurist Law Group simplifies this process, drawing on decades of experience and an intimate understanding of VA systems to ensure that veterans and their families receive the benefits they have earned. Our firm’s dedication to veterans extends beyond simple legal assistance; we advocate passionately for our clients, providing personalized guidance and support every step of the way.

Introduction When it comes to managing your estate, a living trust offers a flexible and powerful solution that can significantly simplify how your assets are handled both during your lifetime and after. By transferring your assets into a trust, you not only maintain control but also ensure that your estate bypasses the lengthy and costly probate process. Here’s a closer look at what a living trust is and the numerous benefits it can provide. What is a Living Trust? A living trust is an estate planning tool that allows you to transfer your assets into a trust while you are still alive. You designate a trustee who will manage these assets for the benefit of your beneficiaries, who will inherit them after your passing. This arrangement is not only practical but also provides a seamless transition of your estate, avoiding legal hurdles that often accompany traditional wills. Key Benefits of a Living Trust Avoiding Probate and Estate Taxes One of the primary advantages of a living trust is its ability to bypass the probate process. Probate can be both time-consuming and expensive, potentially diminishing the value of the estate due to prolonged legal fees and court costs. Moreover, living trusts may also help minimize estate taxes, ensuring more of your assets go directly to your beneficiaries. Revocability Living trusts are typically revocable, which means they can be altered or dissolved as long as you are alive and competent. This flexibility allows you to adapt your estate plan as your circumstances change, such as altering beneficiaries or trustees without significant legal overhead. Enhanced Privacy Unlike wills, which become public records through the probate process, living trusts offer a private way of transferring assets. This privacy ensures that the details of your estate are not exposed to the public, protecting your family’s privacy and reducing the likelihood of disputes among potential heirs. Asset Protection Living trusts provide a protective shield for your assets, safeguarding them from lawsuits and creditors. This is especially crucial for individuals in high-risk professions or those who want to protect significant assets for their heirs. Special Provisions for Disability and Care Living trusts can be particularly beneficial in planning for disability or incapacity. You can specify in the trust how to handle your affairs if you are unable to make decisions, ensuring that you have a trusted person in place to manage your financial and healthcare needs. Care for Disabled Dependents For families with disabled children, a living trust can ensure that those children are provided for without jeopardizing their eligibility for government benefits like Medicaid or Social Security. Flexibility in Complex Family Situations Living trusts are invaluable in blended families or complex family dynamics, allowing you to specify precisely how your assets should be distributed among your loved ones without causing conflict or misunderstanding. Living trusts are an essential component of comprehensive estate planning. They not only provide security and privacy but also ensure that your assets are managed according to your wishes with flexibility and efficiency. If you’re considering establishing a living trust, consult with an experienced attorney at our firm to tailor a plan that best suits your needs and those of your beneficiaries. Interested in setting up a living trust or learning more about how it can benefit your estate planning strategy? Contact us at Jurist Law Group, PLLC for professional guidance and to ensure your assets and loved ones are protected according to your wishes. Schedule your consultation today and take the first step towards a secure financial future.

More often than not, the answer is yes. However, claimants can go to the VA or VSO and get assistance for free. What I tell people is you get what you pay for. The VA representatives, although well-meaning, don’t understand the intricacies of receiving benefits. Aid and attendance benefits are processed in Milwaukee, Wisconsin, and they don’t adjudicate these claims locally with the VA. The information goes out of state to reviewers, the rules are very complicated, and the process is extremely tedious. It’s challenging for someone to navigate the application for benefits as a do-it-yourself project. Even if you go to a VSO or a VA representative, they are only trained to intake information. They are not allowed to give legal advice or assist people in their planning. Therefore, I highly recommend that they seek advice and counsel if someone wants to receive benefits. You can advise them on the front end on whether they qualify or not and then have access to someone who can walk the application through the VA and represent them. Otherwise, 70% of people who apply for this benefit get denied. What Are The Reasons That VA Aid And Attendance Benefits Are Typically Denied? In my experience, eligibility is not usually the reason for denial. In other words, the reason for the rejection is that the paperwork was not in order. The VA requires specific information, and without that information, the application will be denied even though you may be eligible. On the other hand, the other reason people are denied is that they are not eligible, and that’s either because they are not spending enough money on expenses or have too much money in assets. This does not permanently exclude you, and you can make adjustments to aid yourself moving forward. But again, you need legal advice to make those decisions. Another reason people get denied is for lack of knowledge and information from a knowledgeable attorney who can advise them and help them fit within the eligibility box. Should I Appeal A Denial Of VA Aid And Attendance Benefits Or Should I Just Re-Apply? Generally speaking, appeals are the very last resort, and there are other options before appeal. You can supplement your claim with information that was lacking in the application to keep the claim open, or you can request a higher-level review before an appeal that allows a supervisor to review the mistakes made by the caseworkers. Only when you’ve exhausted those remedies do you appeal, and depending on the reason for the denial, it would depend on whether the appeal would be beneficial or not. In my practice, I’ve never gone through an appeal because I enjoy a 98.5% success rate. The appeals that I would have done would not have changed the few cases that were denied. Is It True That An Appeal Can Take Years To Resolve? Absolutely, but most appeals are unsuccessful. If you get in a situation to appeal, you will most likely not receive benefits. Who Decides What IS Actually A Qualifying Disability For VA Aid And Attendance Benefits? A qualifying disability requires that the claimant need assistance in two Activities of Daily Living, or because of Cognitive Impairment, usually dementia, you cannot live alone and require round-the-clock supervision. The physician makes that determination by completing a VA examination report, and the VA accepts the physician’s decision for that disability. If I Am Already Receiving Disability Can I Also Apply And Receive VA Aid And Attendance Benefits? The VA does not allow someone to receive service-connected compensation, disability, and VA pension with aid and attendance at the same time. The VA only allows you to qualify for one benefit, whichever is higher.

VA Pension with Aid and Attendance is a pension for wartime veterans and their surviving spouses. The wartime periods for the seniors I’m working with primarily include World War II, the Korean War, and the Vietnam War. The Gulf War, which is still going on, also qualifies as a wartime period, but those are younger folks that I don’t typically see in my practice. If you served in a wartime—whether you were here behind a desk or on a battlefield—Congress has provided a long-term care benefit for you called Aid and Attendance. It’s structured in the form of a pension where they pay you money to help cover your care as you get older and need assistance in two activities of daily living or have cognitive impairment that requires a protective environment (meaning you can’t live alone anymore). The activities of daily living include the abilities to feed yourself, dress yourself, bathe yourself, move around without assistance, and go to the bathroom without suffering incontinence or toileting issues. You must perform these five activities on a daily basis to have a healthy living environment. Though this pension is riddled with rules and income/asset requirements, it’s intended to help wartime veterans, or the spouses of wartime veterans who have survived them, with their activities of daily living. The maximum benefit is about $2,200 a month for a married veteran and about half of that for the surviving spouse of a married veteran, so it’s not a lot of money. Sometimes, though, it can make the difference in being able to afford that little bit of extra care you need as you get older. If My Application Was Denied, Can I Appeal or Should I Reapply? If your application was denied, let me see why you got denied so that I can determine whether it’s correctible or not. If it is, we’ll reapply and get you Aid and Attendance. In many instances, not only can I get you the benefit, I can get it retroactive back to the date of your original application, as long as we do that within a year of your denial. If it’s been over a year since you’ve been denied, we do have to start over. I’ve been an accredited attorney with the VA since 2012, and during that time, I’ve perfected my practice around this particular benefit. I’m seen as the go-to person in Central Arkansas for this benefit thanks to my reputation of being able to get people qualified. Over the course of time, so far I’ve been approved for over 200 cases that I have personally worked on and have only had three denials. So, I understand this benefit like the back of my hand, and I can tell you whether or not I can get you this benefit on the front-end, with almost certainty that I will get it for you. I would not take a case if I didn’t think I could win. There’s no point in paying me to do something I know you’re not going to qualify for, because I understand the rules. When people get denied, it’s often because they didn’t know how to get through the system when it’s so riddled with red tape. If you don’t dot your ”I”, if you don’t cross your ”t”, if you don’t give them the information they want or need, they will deny you. And it doesn’t mean that you’re not eligible or that you don’t qualify; it’s because you didn’t get through the system. This system will chew you up and spit you out. Getting VA Aid and Attendance is kind of like trying to apply for Medicaid. If you don’t know the rules, if you don’t know how to fill out the forms, you will go bug-eyed trying to do it and then wonder why you didn’t get it in the end. I have had many clients come to me after they’ve been denied. I file a supplemental claim, I take it back to the VA, and I get them approved because there’s a madness to this method about getting people through the system. Will the Reason I Was Denied My VA Benefits Be Made Clear in the Denial Letter? The VA will tell you why you’re denied, although it may not be the absolute reason. You probably just didn’t provide them the right information or get back to them in time or something similar pertaining to the red tape. It may have nothing to do with the eligibility criteria.  After reviewing your denial letter and application, I can give you a clear reason why you were denied. I know what you have to do to prove your eligibility, so seeing what you’ve given them or not given them (in addition to what the denial letter says) will be enough to determine the reason for your denial.