judge holding eyeglasses listens to attorneys in courtContesting a Will or other transfers on the grounds that the person signing the Will lacked the capacity to do so, is both difficult and emotional. But it’s something that comes up quite frequently in our practice.

In Connecticut, there are two different standards to determine capacity:

(1) When the property is transferred upon the death of the grantor

Teen and elderly woman sharing earpods.Classic television is home to its share of unique roommate situations. There’s Felix and Oscar (the original odd couple); Mork & Mindy (a human and an alien); Jack, Janet, and Chrissy from Three’s Company; and the venerated “Golden Girls” (who were clearly ahead of their time). 

In today’s real world, the home-sharing trend is creating a whole new category of cohabitation: intergenerational roommates. 

Across the country, retirees are opening their homes to young people, offering relatively inexpensive housing in exchange for light housework, help with errands, and even just company. 

Red House in hand isolated over white.Most people are aware that there are steps you should consider to protect your assets from being liquidated to pay for long-term care. And to protect your heirs from the burden of heavy estate taxes upon your passing.

However, are you aware of the related risks associated with the capital gains tax?

What is the capital gains tax?

Senior couple, discussing documents for a retirement plan with an attorney.The practice of elder law is a little different than most other legal niches. As opposed to being defined by the type of legal issues they handle, elder law attorneys are more often defined by the individuals they help – primarily older persons.

Elder law attorneys work with this population and their families or representatives to advocate and address legal issues related to elder care such as health and long-term care planning, caregiving, navigating government benefits, financial elder exploitation, estate planning, legal capacity counsel, retirement planning, aging in place, and the like.

An elder law attorney offers knowledge, understanding, and guidance when it comes to the ins and outs of long-term care planning. In an ever more costly and changing care environment, they can help evaluate options and develop strategies for paying for long-term care costs and examine and advise on interrelated issues and concerns.

A virtual touchscreen with probate option buttons.Probate is often something that people wish that they could avoid.

The truth is that probate is not an inherently bad thing, nor something to be fearful of. In fact, it can be a very helpful process that offers an independent entity – the probate court – to oversee and ensure that a decedent’s wishes are met.

But it is also true that there are certain situations where you would want to do some advanced planning designed to avoid probate.  To get a better picture of when and why someone would want to avoid probate, let’s first review what probate is and the function of the probate court.

Tennis ball hitting the racket strings during a serve.Keeping fit is a critical part of aging well, but it can sometimes be a challenge to find an exercise that’s enjoyable as well as beneficial. If this is a familiar conundrum, racket sports might be the answer you’re looking for. 

When it comes to physical activity, racket sports stand out as versatile and pleasurable options that are accessible to people of all ages.

But for those over 65, engaging in racket sports like tennis, badminton, and even the increasingly popular pickleball can be particularly beneficial. Not only do these sports offer a fun way to stay active, they also provide a range of health benefits that can enhance overall well-being. 

African american female patient with oxygen mask, lying on bed in hospital roomWhat happens when you lose your capacity to make decisions about your medical care?

The news depicts stories about people on life support and their family members fighting over whether brain dead means something different than dead. What if you were the one on life support? What would you choose?

Ideally, you would have already chosen, and your wishes would be clearly spelled out in your Advance Healthcare Directives. Unfortunately, only about 30% of Americans have made their wishes known.

Grandson and grandfather playing video games together.By Jill Brightman

As the parent of “older” kids – one a tween, and one a teen – I see daily their incremental physical and personality changes that signify to me, they are not babies anymore!

And, I fully expect (and reluctantly accept) that as my kids go headlong into their teenage years that they, as teens tend to do, will choose to spend the bulk of their time with their peers and have less interest in hanging out with mom and dad.

Hand with marker writing the word Bewareby Carmine Perri

You want to apply for Medicaid – a complicated process – but you’ve heard that hiring an attorney specializing in Medicaid planning is expensive.

So why not use one of those services that say they’ll do the same thing for less?

But do they really do the same thing? Continue reading

Full length shot of a senior couple working on their finances at home.So you’ve decided a living trust is appropriate for you. You’ve met with your attorney, made all the decisions about how you want any money in the trust to be spent, you’ve signed the document and placed it in a safe place.

But you’re not done.

Funding your revocable living trust is just as important as setting up your trust in the first place.

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