Law Offices of Frank E. Sisson, III
Attorneys At Law
Estate Planning Newsletter
Medicaid Trusts
 
Medicaid is a needs-based (welfare) benefit program administered separately by each state, but funded in part by the federal government and in part by each state. A person qualifying for Medicaid is allowed to have only a minimal amount of assets, other than a home. Although each state may have certain differences in its particular Medicaid regulations, each must follow certain basic federal guidelines in order to be eligible for the federal subsidy. One of those guidelines is the waiting period imposed on a person who transfers assets and later applies for Medicaid benefits.More...
 
Letters of Instruction
 
Your will should not mention each one of your possessions because their value and nature change as time goes on. Revising your will upon every change would be both inconvenient and costly. Instead, your will should use general language in addressing the disposal of your possessions. However, it is important that you keep an updated record of all your possessions in order to assist your survivors.More...
 
How to Revoke a Power of Attorney for Finances
 
To revoke a power of attorney for finances, you can either destroy all copies of the document or execute a notice of revocation. Execution has a few technical requirements that must be complied with before revocation can be regarded as legally valid and it is the preferred method because it generates proof of revocation.More...
 
Will Contests -- Fraud, Mistake, Revocation
 
Fraud will occur when the testator makes or signs a will as the result of having been willfully deceived as to the nature or the contents of his will or as to some facts that bear upon the disposition of his property. Mistake is the same, but without the willful deceit by a third person. More...
 
Basic Trust Types and Formation
 
An express trust can be either private or charitable. The main difference is that the beneficiaries in a private trust are identifiable persons while a charitable trust cannot be for the benefit of identifiable persons. A charitable trust must be for religious, charitable, educational, or benevolent purposes, and cannot name only a few individuals to receive the benefit. If a charitable trust fails to name a specific charity, a court will redirect the trust property to a recipient that most closely appears capable of carrying out the charitable purpose. More...
 
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