Bellomo & Associates

Certainly, one significant factor that has altered the landscape of meetings is the impact of COVID-19. This has led to a noticeable increase in peoples comfort with conducting meetings via platforms like Zoom. For at least a year, the majority of our meetings were conducted exclusively through video conferencing. During this time, we have encountered few issues, and even our octogenarians and nonagenarians have been able to successfully connect and navigate the process.Incorporating a family member residing out of town into a telephone or Zoom video conference is easily achievable. We strongly encourage the involvement of family members in all meetings and have the capability to easily include participants who are not physically present in our office.When scheduling an appointment, kindly inform us if there will be a mix of in-person and virtual attendees, and we will seamlessly accommodate this arrangement within our planning process. We eagerly anticipate collaborating with you and your family.  

Protecting your health and well-being is a top priority, especially as we get older. One important way to safeguard yourself is by creating a health care power of attorney document. This legal document designates a trusted individual to make health care decisions on your behalf if you become incapacitated. But as important as creating this document is, its not enough to simply have it you also need to make sure its in the right hands.A recent story shared by a friend highlights just how critical it is to ensure your healthcare power of attorney is given to the appropriate parties. In this case, a woman was acting as the power of attorney for her mother but didnt have the document on hand when her mother needed medical attention. The hospital demanded the document immediately, and in the chaos of the moment, the daughter ended up agreeing to have her mother fill out a new one on the spot.The problem arose when the nurse asked who should be listed as a power of attorney. The daughter suggested including herself and her mothers husband, who had raised her and was like a father to her. But her mother insisted that only her daughter be listed, causing tension and awkwardness between the family members. It was a situation that could have been avoided if the daughter had simply provided the existing document to the hospital.This story underscores the importance of not only creating a healthcare power of attorney but also ensuring that it is given to the appropriate parties. At Bellomo & Associates, we urge our clients to not only create these documents but to also provide copies to their doctors and keep them on file at hospitals. We provide extra copies so family members can have them as well. Taking these steps can help you avoid any unnecessary stress or heartache should an emergency situation arise.Creating a healthcare power of attorney is a smart move, but its only half the battle. To ensure that your wishes are carried out properly, its crucial to share the document with your healthcare providers and loved ones. Dont let a lack of preparation cause unnecessary tension or problems for your family take the necessary steps to protect yourself and your loved ones.Please give us a call at 717-845-5390 and well set you up with a free consultation or register for a free workshop by clicking here.  

Estate planning and elder law is a wonderfully rewarding and fulfilling practice area.  As an attorney, I am blessed to work with families who are not in crisis and are merely planning for their families.  To the extent that we are dealing with people who are in crisis, we are oftentimes able to assist with strategies that produce a positive result for the family that they are so happy and so relieved, which makes the relationship all the better.  The hardest thing I have had to watch during my career is that families are ripped apart for numerous reasons.  We often joke that we've seen siblings fight over five dollars or that family members will kill each other over Grandma's clock.  While most times, we are joking and saying it in jest, the truth is families can often become divided over very basic and nominal things.  Disputes can often arise when an elderly adult individual is receiving care in their home from another family member or when an individual dies and assets are being distributed pursuant to the Last Will and Testament or another device. The instinct for most people is to immediately call an attorney and litigate or fight over an issue; however, I truly believe that mediation can oftentimes not only save lots of money for the families involved but also is a pathway for the family relationship to remain intact.  The job of a mediator is to lead all parties through a conversation to a mutual agreement that they have entered on their own accord rather than a judge issuing a final order or decree. Oftentimes with an order or decree, nobody feels like they got what they want and are always resentful and never happy with the result. We have referred numerous clients over the years to different local mediators, and the results have been overwhelmingly positive.We have had numerous clients who have come back to us and thanked us for the referral to the local mediators because they were trained in conflict resolution and were able to dissolve or diffuse the emotions to get to the root of the problem.  Litigation immediately puts people on opposite sides and often has an end ugly because people are fighting over the principle of the matter, or they are digging their heels in just because they can. We highly recommend that you contact a local mediator if you are in a family conflict, regardless of the root cause.  If you do not know of one, please feel free to contact our office and we can provide the names of several in the area who are very good at their craft.With the realization of the value of a mediator, we have now also been able to eliminate the very few situations that would have ended very badly for the family and allowed them to come to a mutual agreement.  We hope that this article provides another alternative to litigation and how conflicts can be resolved. If you have any further questions or would like to get additional information, please reach out to our office at 717-220-3120 or check us out on the web at www.bellomoassociates.com.   

This is the question that I receive at least once a week in my estate planning and elder law practice. Taken together, a Living Will and a Healthcare Power of Attorney, are an Advanced Healthcare Directive. Taken individually a Healthcare Power of Attorney allows an individual to make healthcare decisions on another persons behalf. A Living Will is a document that only kicks in when a person is end-stage medical which means that two qualified physicians have put in writing that the individual has no realistic hope of recovery. That they will always remain permanently unconscious, vegetative, comatose, and/or terminally ill. If the document has both of these items in them together, then it is considered an Advanced Healthcare Directive.I am always urging people to ensure that they have these documents in place. My main reason for feeling that way is that I believe that it is imperative to take the burden off a loved one, to spare them from having to pull the plug on their loved one. My experience at my law practice is that when a persons wishes are in writing regarding what they want or do not want should something happen, others are much more comfortable in allowing that decision to stand if they dont personally have to make it.I remember several years ago a spouse who recently lost her husband came into my office sobbing because her husband did not have an Advanced Healthcare Directive and she did not know exactly what he wanted. I reminded her that he repeated numerous times in my office in front of her that he did not want to live that way, and that if there is no hope there is no reason to live. However, all that she could know or remember is that she pulled the plug. She conveniently did not remember all of those conversations because, in her mind, she told the doctor to pull the plug, and within seven minutes her husband was no longer with her. There was absolutely no consoling or helping her feel better about her choice. And, although I am 100% confident she did exactly what her husband wanted because she was the one who had to make the decision she always wonders and always regretted it. Putting your wishes in writing will allow your family members to be 100% certain that they were your wishes and that they are merely following through on what you wanted, not what they think you want, or making them play God. It is imperative that everyone over the age of 18 have a Healthcare Power of Attorney as well as a Living Will.If we can be of any assistance or answer any questions while you make decisions about yourself and your family, please give us a call at 717-844-9639 or click the link here and we will contact you.

When I ask my clients what is driving them to come to see me for estate planning, I usually get the same answer; we want to make sure that our family is taken care of if something ever goes wrong. Its a simple enough objective, but all too often clients are only thinking in terms of financial help for their family. One of the most important things a parent should include in a Will has nothing to do with money, it is deciding who would be their preferred choice of guardian for their minor child(ren) in the event of the parents death.A guardian is a Court appointed person who can legally care for a child who has lost both of their biological or adopted parents. A guardian is appointed only by a Judge after judicial proceedings. During that proceeding, the Judge will consider evidence to decide who is the best person to care for that child now that the parents are deceased. An overwhelming piece of evidence in that decision would be the deceased parents choice of guardian, which is commonly listed in their Will. Here are some factors to consider when trying to decide who would be a good choice of guardian for your child(ren):Have that discussion. No matter who you ultimately decide would be a good choice of guardian for your child(ren), be sure to have a talk with that person to make sure this is a responsibility they are prepared to take on. Serving as a guardian for a child is an awesome responsibility, make sure your guardian is willing to assume this responsibility before making your choice.Plan for the immediate future, not forever. Remember, you can always revise your Will in order to change your list of preferred guardians over time. Therefore, choose guardians who would best serve your child(ren) now, and in the next few years. The right choice for a toddler may not be the right choice for a teenager.Have a backup plan. Never just list one choice for the guardian of your child(ren). It is important to always list at least one backup choice. Your first choice may not be able to serve for many reasons, so always be sure to include a second or third choice.What if I dont think anyone in my family is the right fit? Your preferred choice of guardian for your children does not have to be a family member. You can choose anyone who you feel would be best suited to serve in that capacity. When making the decision as to who should serve as a guardian the Court simply makes that decision based upon what is in the best interest of the child. The Court is not restricted to only considering family members.Remember, dont get caught up in just focusing on financial oversight. Engage in a thoughtful analysis of what the real-world implications would look like if your guardian were doing your parenting. From daily life to finances, and everything in between. By doing so, you will ensure your children are best cared for if the unimaginable would ever occurs.

Growing up Italian is something I am very proud of. I love my family with all of my heart. The last name Bellomo means the world to me. I can see my Grandpa Bellomo in my head like it was yesterday saying our last name Bellomo like it was worth a million dollars. That sense of pride has certainly continued down through my parents as well. My parents gave me this poem when I was just a kid. I cherished that plaque and still keep it in a safe place these many years later. I hope youll agree that this gift is among your most valuable.Your Family Name by Nelle A. WilliamsYou got it from your fatherIt was all he had to giveSo its yours to use and cherishFor as long as you may liveIf you lost the watch he gave youIt can always be replacedBut a black mark on your nameCan never be erasedIt was clean the day you took itAnd a worthy name to bearWhen he got it from his fatherThere was no dishonor thereSo make sure you guard it wiselyAfter all is said and doneYoull be glad the name is spotlessWhen you give it to your sonI cherish the plaque with this poem. Thank you, Mom and Dad, for sharing this with me. I am proud of the Bellomo name and what it means.

Since my first day with Bellomo & Associates, our team has been a part of the Walk to End Alzheimers. Over the years, it has come to mean so much, not only to me, but also my family and even my neighbors! My daughter especially loves the walk. One year, she represented the symbol of hope; hope to find a cure for Alzheimers.During the pandemic, when everything was virtual, the Alzheimers Association produced the Walk Everywhere. This made it possible to still have this tradition remain in tact for my family. It was such a relief to have a sense of normalcy! Bellomo & Associates, we have several team members that work remotely, the Walk Everyone also allows them to participate!In all my years of participation, the most rewarding moment was when my family had just completed the walk in our neighborhood, using our app to track. We crossed the finish line holding our flags high when my neighbor was waiting to ask what we were doing. We explained that we were participating in our one of our favorite events, the Walk to End Alzheimers. He then told us that he had lost a parent to Alzheimers and he was touched that we were walking and raising awareness. After chatting for a bit, I decided to give him one of our flags. To this day, that neighbor has his Alzheimers Association flag proudly displayed in his front yard in honor of his lost loved one.

Whats not to love? You may think you know, but peek into my world as a Bellomo employee and lead of the firms Life Care Planning (LCP) program for a moment.An LCP client cant remember how to play 500 Rummy? Amber and Meg spend the morning playing cards with him. The wife of a hospitalized client is distraught because the only nursing home bed is 2 hours away? Sharee alerts Meg, who provides education, emotional support, and advocates with the discharge planner.A clients bride is struggling? Jennah gets a heads up and sends flowers to brighten her day. A clients financial planner needs clarification on next steps? Jeff immediately reaches out to him. A long-time Bellomo client is hospitalized and dying? Two team members visit to love on him and sit with the familyand our whole team grieves.Another LCP client is dying? Meg is at the bedside for hours, hugging on his bride and helping to navigate decisions. The wife isnt sure what to do now that hes died? Michelle calls to ease her worries and begin her probate education. I had lunch with the bride yesterday. We talked about her journey, the tough decisions made along the way, her gratitude to the facility and hospice teams for their exceptional care. Weeks ago, the wife insisted that I thank Jeff for hershe called our team cracker jacks. Yesterday, she talked about how thankful she is to have found our firm, citing above all else, the peace of mind she has knowing that our team is in her life, protecting her.When I returned to the office, a teammate stopped me to ask how she was doingAndi was sincerely interested and relieved to hear that she was doing well. Today I find myself thankful that this mans bride is still going to be in my life, as despite her husband having died, she has signed on for another year of maintenance and another year of LCP for herself and her disabled adult son. You knew that you loved Bellomo & Associates, right?Trust me, the Bellomo employeesyep, all of us cracker jackslove this incredible law firm just as much!

Is anyone else like me, you see a craft and you just have to try it?  No?  Hmm, well I guess Im in the minority. Over the years I have explored many types of crafts from the traditionally counted cross stitch and knitting to the slightly more unusual like basket weaving, stained glass, and hot glass to the downright out of the mainstream like chain mail (I made jewelry not armor but the same process just on a smaller scale). My latest endeavor is soap making.  And me being me I didnt start with the traditional melt-and-pour soap that you can get in kits at the craft store.  Oh no, I jumped directly into making cold-process soap!  For those that may not know, I didnt until I started this adventure, that much of what we use today is not, in fact, soap. I know, it blew my mind too when I came across that fact. True soap is a mixture of fat or oil an alkali (usually sodium hydroxide commonly called lye) and water.  The chemical reaction between these items is called saponification which results in soap.  Soap made in this manner must sit, or cure, for a few weeks to allow excess water to evaporate and make a harder bar.  Only soap made in this way can be labeled as soap.  Check your labels, if it doesnt specifically say soap but instead is called a cleansing bar, a body bar, a beauty bar, a body wash, or something else it isnt soap but a synthetic detergent product.  Laundry detergent or dish soap also falls into the synthetic detergent designation. According to the FDA, there are very few true soaps on the market today.  So how does true soap work if it doesnt have all the chemicals and additives of detergent products? Simply put soap has the ability to mix with the oil and dirt on your skin, trapping it and making it possible to remove the dirt layer.  As a person lathers with soap, the soap latches onto the dirt and germs and rinses them away. True soap doesnt kill microbes but rinses them off the skin and down the drain.  In a recent study sponsored by ABC News, numerous products were tested as to efficiency, and true soap ranked right up there with hand sanitizers and anti-bacterial soap.  In fact, true soap ranked better than alcohol-based sanitizer.  Plus the FDA has advised consumers not to use anti-bacterial soap because it assists in creating microbes that are increasingly immune to agents used to kill them.So now that you know what soap is, and is not, let the adventure begin!  Stay tuned for Part II .

This is a question that we receive all of the time in our office. The answer is that you could have personal liability as an executor because there may be ways to avoid probate if you understand it and plan ahead.Probate is merely the Commonwealths rule book and the process that you must go through if there is an asset in a persons sole name at the time of their death. This excludes jointly held accounts and accounts with a beneficiary designation on the account. Probate is not good or bad. It is simply the process the Commonwealth requires us to follow in order to properly distribute assets to beneficiaries.A personal representative, also known as an executor (or executrix if they are female), if they are named in a Will, or an administrator if they are taking authority under the intestate succession under the statute, is personally liable to the beneficiaries and to the government to properly administer the estate, make certain all debts and expenses of the decedent are paid, pay all inheritance tax and other taxes owed and to distribute the remainder of the assets to the beneficiaries pursuant to the Will or the intestate statute. A personal representative must understand the entire process and all of the legal requirements that the Commonwealth imposes, such as notices to heirs, notices to creditors, advertising of the appointment of a personal representative and filing with the Orphans Court, Register of Wills certifications and notices as items are completed or when the estate is complete. There is also a requirement for a Pennsylvania inheritance tax to be prepared and filed and, in some cases, a fiduciary income tax return as well. If any of these steps are not properly completed and a beneficiary, a government entity, or a charity receives less money than what they were entitled to there can and will be personal liability imputed on the personal representative.It is essential to understand this liability to make a decision as to whether to hire an attorney to assist in the process. There is very little upside to not hiring a professional but a lot of potential downsides to not doing so, and therefore, typically, it is a much smarter decision to engage an attorney to assist you.Probate can be avoided by either making an asset jointly owned or designating a beneficiary for that asset. However, before somebody makes an asset jointly owned or designates a beneficiary for an asset they should understand the legal implications of doing so as there may be considerations beyond probate in doing so. Remember jointly owned assets or assets with designated beneficiaries dont avoid inheritance tax, only probate is avoided.If you have any questions concerning probate or whether you need to probate please call the office at (717) 844-9218 or visit our website at www.bellomoassociates.com

As our parents age, we are faced with tough decisions on how to provide them with the care they need. Two common questions that adult children face are: (1) Who will provide the needed care; and (2) Where will mom or dad receive their care? Such decisions are not always easy to make. Family members can view care issues differently, leading to conflicts, especially when one sibling is the primary caregiver.At Bellomo & Associates, we understand that these situations are stressful, emotional, and can be exhausting, causing conflicts and family duress. Through our work with clients and families, we find that such conflicts are quite common; however, we believe that many conflicts can be avoided by having aging parents proactively identify their wishes and verbalize their plans and desires related to the what if scenarios clearly and frequently.If your aging parents have not yet talked openly about their wishes and expectations, we urge you to start the conversation with them as soon as possible. By committing to discussing the what ifs with your parents, you can prevent differences of opinion and sibling conflicts down the road. Open and honest communication is key, and we recommend having such conversations early and often.Another crucial step to preventing unnecessary sibling conflict is to have a formal caregiver agreement drafted if a family member becomes a paid caregiver. This agreement is an essential tool for clarifying the financial parameters of the care being provided and preventing misunderstandings between siblings.To learn more about caring for aging parents and avoiding related family conflicts, we invite you to attend an upcoming workshop on estate planning and elder law. Our team of experienced attorneys will provide you with the information and tools you need to make informed decisions and avoid conflicts. Additionally, consider attending a Life Care Planning workshop to meet our firms Client Care Advocate, Meg Motter, LCSW, and CDP. Having Meg on your familys team as a mediator and resource can make a difference in navigating the stressful dynamics of so many encounters as you care for your aging loved ones. Register now for a workshop at Bellomo & Associates and start planning for your familys future!  

We are often in the community giving workshops or presentations at community events or local churches and nonprofit organizations.  It is typically fairly obvious based on the angst on the person's face and the pure emotion when they are the parent of an individual with a disability and special needs.  They don't know where to start, they don't know what questions to ask, and they do not know where to turn for the answers. While we believe in education for all of our clients, regardless of the situation, it is absolutely the key and the first step for a family with an individual with special needs.  It's never too early to start getting information and understanding the different options for dealing with where you are and what options may be available in the future.  In the Commonwealth of Pennsylvania, when a person reaches the age of majority, which is 18 years of age, they are presumed to have the capacity to make decisions on their own.  I advise individuals with special needs family members to contact us prior to the individual's 18th birthday so that we can determine whether or not we are going to be able to enter into a power of attorney or if we are going to have to go through the steps of a guardianship proceeding.  Once we get over that first hurdle and have evaluated the level of involvement another person will need to have to best protect the interests of the individual we can then start mapping out a route and start planning for the future.  We will then discuss different options such as special needs trusts, ABLE accounts, and how life insurance may fit into the plan.  Please get in touch with an expert in the area of special needs planning to start the conversation and determine the best path to move forward.  We offer a special needs planning workshop, not only live, but also via an on-demand link for you to watch at your convenience.  If you would like more information about our special needs planning workshops, please contact our office at 717-845-5390.  

I recently met with a client whose husband was placed in the nursing facility about four years ago due to dementia. She did everything she could to keep him at home, but ultimately the behaviors (unfortunately in his case, including violence and aggression) became too much, and she was no longer able to care for him at home. Overall, she has been very pleased with the care that he has been receiving and had no complaints. I asked why she was coming into my office and what she was hoping that I could help her with, and her response was, All I have left is a couple thousand dollars and a cabin that means the world to the family. I was able to give her great newswe were able to preserve the couple thousand dollars and the cabin, and she did not lose anything. She was ecstatic and could not thank us enough for our advice and assistance.As she was getting ready to leave my office, I could tell that she was thinking about something and that something was bothering her.Before I opened the door to the lobby, I asked her, Is there anything else that you would like to discuss? Do you have more questions? She said, Yes, I have oneIf I had come to you four years ago, would there have been anything else that you could have done to help me? My response was, Yes. I would have been able to protect 100% of the assets. Her demeanor immediately changed and she looked me in the eye and asked, Why didnt the nursing facility tell me?My response was, Maam, the nursing facility is not your lawyerthey do not have a duty to you. Their job is to provide the best possible care that they can for your husband and get paid for their services. They did absolutely nothing wrong.I totally understood her frustration, but at the same time the nursing facility is in the business of caring for people, not the business of advising families on the nuances of asset protection laws. Facility employees provided advice and help with the Medicaid application process(instructing her to spend down the couples assets for monthly care costs), believing that what they were telling her was correct. They likely believed that their advice was the best, not only for them, but also for her.Unfortunately, most billing departments in nursing facilities dont fully understand asset protection laws and how they can work. It is imperative that families seek professional help from an elder law attorney as soon as a loved one enters a nursing facility, so that you and yours are not left wondering, Why didnt someone tell me?

As estate planning and elder attorneys, we always encourage people to plan ahead in case something unforeseen were to happen.In some cases, we plan ahead and unfortunately, the people that we have named die before us. If this happens, it is essential to review your planning to determine whether or not you need to make any changes or whether or not your plan is sufficient as-is.When an individual tells me that their beneficiary has passed, that typically tells me that they have named that individual as a beneficiary on a non-probate asset, such as a life insurance policy, an annuity, a retirement account, a payable on death account, a transfer on death account, or in trust for an account. If this is the case, the first thing to do is to look to see if you provided for a contingent or successor beneficiary.If you did provide for a backup beneficiary, then the person that you have named as the contingent will be the person who receives your money if you were to die. If you did not provide for a contingent or backup beneficiary, then the money would go through your estate.Your estate means that if you have a Last Will and Testament the terms of that document would govern. Therefore, if the beneficiary that you have named is no longer alive and there is no contingent beneficiary, we will look to the Will to see who the beneficiary is under your Last Will and Testament. If it was the same person that was named in the non-probate asset, then we would look to see if the Will provides for a backup or any contingent beneficiaries.If the Will does not provide for anyone else to receive the asset and does not provide for a word such as "per stirpes" then we may have to look to the laws of intestate succession in the Commonwealth of Pennsylvania. If it does say per stirpes, then that individuals children would inherit the monies that that individual was entitled to.If there is no designation such as per stirpes and the beneficiary is not alive, then we will look to the rules of intestate succession in the Commonwealth of Pennsylvania. The state will provide under this statute an order of who would inherit first, second, third, etc. The Commonwealth of Pennsylvania would not be entitled to any of the money unless there are absolutely no beneficiaries or family members that are alive, which is very infrequent if not virtually impossible.If you are trying to determine who is going to take under the Pennsylvania intestate succession statute, I highly recommend that you seek professional advice for this hierarchy.  Seek out the advice of an attorney who specializes in estate planning and has extensive knowledge in estate administration, but also has done cases where there is no Will and the intestate succession statute has governed. While it sounds pretty simple, this is not a common occurrence.  So it would be essential to have somebody who has the experience to understand what is going to happen.  The bottom line is that if we plan properly to provide for contingent beneficiaries and make a backup plan in case they die, the fact that your heir died before you should not become a huge issue.I hope that this article also helps you understand the interplay and inner workings between probate and non-probate assets and how, if there is no contingent beneficiary named and the beneficiary of the non-probate asset is no longer around, it would then default to the estate of the individual.  The estate would be governed either by the terms under the Last Will and Testament or under the Pennsylvania intestate succession statute.If you would like to learn any more about this topic, please feel free to give us a call at 717-208-4546 or attend one of our upcoming workshops to learn more.

Isolation is something that many seniors experience on a regular basis. However, with the COVID pandemic, that isolated feeling is more common than ever. Today, we want to encourage the individuals who know someone living alone to take some small steps to help your loved one socialize.We always encourage our clients to incorporate video conferencing or video chat to allow the family member to see their loved ones on a regular basis. This could be on a scheduled date and time each week where you have a conversation and catch up, or maybe schedule meals together where you leave the video on while everybody eats. You have to eat anyway and giving the opportunity for your loved one to spend their mealtime talking with their family and seeing familiar faces is a small gesture that could go a long way! Not only will it help them, but it will also give you the chance to assess whether your loved one is having any hearing or sight issues that should be addressed.Encourage your loved one to join clubs. Many of them are now virtual to allow as many people possible to partake. Having them be a part of these groups will give them interactions outside of your conversations and have stories to bring you when you visit or call.Although these are very minor suggestions, they can go a long way in helping your loved one not feel so isolated. Please feel free to give us a call if you have any questions or comments at 717-845-5390.

It has certainly been a strange year and it feels as though we are finally heading out of it and things are getting back to normal. It makes me very happy to hear everybody talking about all of their upcoming plans for travel and trips to visit family because they missed out on a lot of planned events this past year.Let me tell you what has really hit home for me, is how painful lack of planning can be and how it can affect your family in many ways. There are far too many lessons that we have learned from the past year, but one, in particular, is how a lack of planning can devastate a family.Before you head out on all of your great adventures and trips, please take a moment for yourself and put your own oxygen mask on. Please pull out your estate planning and take a quick look at it. Make sure that the documents read the way that you want them to read and that you understand them.Furthermore, make sure that all of your beneficiary designations on your life insurance and retirement accounts match what you intend for them to do and do not incorrectly believe that your Will controls how those assets are distributed.As we have stated in many other blogs and articles, the beneficiary designations on these items are the most important thing and will trump what you have in your Will. Just confirm that your plan is the way that you intend it to be and that there are no unintended consequences.If you have not had it reviewed by a professional in the last three or four years, take the time now to bring it to someone to review to ensure that everything is the way that it needs to be.We also encourage you to take the time, once your documents are review and updated as necessary, to talk to your family about your planning when you are on your adventures and at family gatherings to make sure that everybody knows what your wishes are and what your planning is for the future.These simple steps will save heartache and avoid hurt feelings. The time is now to review prior to heading out. Enjoy your travels and please be safe.If you are looking for advice in regards to estate planning, please call our office at 717-844-9639 or click the link here and we will contact you.

I recently attended the national Life Care Planning Law Firms Association (LCPLFA) conference in Alexandria, Virginia. The speakers were terrific, but two got my undivided attention. You see, Im a social worker who cringes when she sees parents waiting at the bus stop with their faces stuck in their cell phones, rather than chatting with their kids. I recall not being too excited about being asked to use a laptop rather than notepad and pen during home assessments years ago. Ive often said that I was born in the wrong century and would have been much happier had I been born 100 years earlier. Yet, as a child I remember loving The Jetsons. I was fascinated by George Jetsons ability to fly through the sky, arriving at his destination within minutes and was especially intrigued by Rosie, the robotic maid. I knew beyond a shadow of a doubt that it was all make-believe and would never happenor so I thought!I learned last week that we will soon be able to wear balance soles, which will help a 73 y/o body walk with the balance and accuracy of a 23 y/o. Folks in Denmark and Japan are actively working on exoskeletons that those with debilitating conditions like Osteoporosis will be able to wear to maintain their posture and ability to walk. Did you know that GPS smart soles are now available? Slip them in the shoes of a loved one prone to wandering. In the next five years, smart clothing will not only monitor our vital signs but be able to administer CPR! For a cool $100,000-$150,000, nursing homes can purchase a service bota robot with an animated bear face that lifts a patient needing to be transferred, in order to prevent employee injuries and better manage staffing challenges. Drum roll pleasewithin the next 10 years, assistant robots will be on the marketable to help humans with activities of daily livingdressing, grooming, meal preparation, you name it.Are your eyes rolling? Well, Ive had a major shift in my thinking about technology. Sure, Id prefer a future world where every human in need has a human to help them, but Ive come to appreciate the technologies that will allow us to safely navigate care for our growing senior population. Historically, the ratio of available family caregivers to seniors in need was 7:1. By the year 2030 it will be 4:1 and by 2050, it will be 3:1. Yep, were going to need all the Rosies we can get!This blog was guest written by our own Meg Motter, our Client Care Advocate. If you have questions for our team, please give us a call at (717) 845-5390.

This is a question that we receive at least once a month if not more in our office. Individuals who were named in a Last Will and Testament as a beneficiary, once they realize that they are a beneficiary, want to know how long it will take for them to receive their inheritance.The probate process in the Commonwealth of Pennsylvania is actually a very straightforward process. Many states in the country have a very complicated process that individuals have to go through, but Pennsylvania is not one of them. However, that does not mean that an individual who is named as a beneficiary will receive their money overnight because there are a lot of things that have to occur before a beneficiary can get the money that they are entitled to under the Will.In the Commonwealth of Pennsylvania, there are requirements of an executor that he or she must comply with in order to ensure that he or she will not be personally responsible or liable for the taxes or to the beneficiaries. For example, an executor must provide notices to heirs as well as advertise the estate in the local newspaper and local legal journal to provide notice to creditors to start the statute of limitations for creditors to come forward with a claim. The executor must also get the date of death valuation letters from every institution that holds an account or had an asset of the decedent at the time of their death.Once the executor and the attorney for the estate receive all the date of death letters, they are then in a position to begin to prepare the Pennsylvania inheritance tax return. Once the Pennsylvania inheritance tax return is prepared and filed it can take the Department of Revenue up to one year to review and approve the return. It typically takes 6 to 9 months for the approval process but can take up to 1 year. Typically the attorney will prepare receipts and releases for each and every beneficiary if the estate is going to make a partial distribution to the beneficiaries prior to receiving approval from the Department of Revenue.It is always my recommendation to the executor not to distribute all monies to the beneficiaries at this point because the Department of Revenue still has to sign off on the appraisement and the tax return agreeing that they are not looking for any additional tax in the estate.It is also worth noting that there is a significant time delay currently with the Department of Revenue and receiving notice back of the inheritance tax and that the appraisements are okay. As of September 2020, we had filed appraisements in October 2019 that we still had not gotten final approval back on. This is significant because although the normal lag time is five to six months, we are currently seeing about a 10 to 12-month delay in receiving the appraisements back from the Department with final approval currently.I always recommend to my executors that they not make final distributions and have the beneficiary sign off on the receipts and releases/family settlement agreement until we have the final paperwork back.It is obvious that in the current times, In light of COVID and the state having to close for a period of time and not getting to any tax returns, the time frame from a beneficiary to receive their money under current times is fairly significant. However, this is not normal, and under normal circumstances, the final appraisal certainly would be quicker.It also is a case-by-case basis as to how much we can distribute before receiving the final word from the government. In some situations, when theres a close family, they will distribute more with partial distribution than in other situations. In a case where it is contentious and there are beneficiaries who are not family or who have caused nothing but issues, we will often recommend that we not distribute anything until we get the final word from the Department. In these cases, under the current situation, it could take a year or more before we are in a position to be able to do that.It is important to know that in a situation where somebody does a living trust or a Grantor trust in the Commonwealth of Pennsylvania and retains control, an inheritance tax return is still required to be filed. That means that even under a trust administration if we are waiting on the Department to approve the inheritance tax return, the time frames would remain the same. I say this because many people think that probate is the problem, or that it is the fault of the local Register of Wills or Orphans Court, but in reality, that is not it at all, we are at the mercy of the Department of Revenue for final approval of the inheritance tax return.For any questions or assistance through this process, please contact us at (717) 844-9218. We would love to help you.

It is imperative that families of individuals with disabilities and special needs get appropriate advice when it comes to their estate planning. Special needs trust planning can provide a family significant peace of mind knowing that their children will not only continue to receive the government benefits that they are entitled to, but also access to the money that they are leaving them in a special needs trust.It is often a shame to see mistakes that families make in this area. They often are the same mistakes and I would like to assist today by shining a light on them. Although there are many more, here are just a few of the biggest mistakes that we see families making in the special needs context:1. Taking the cheap way out In light of how easy it is to get documents done online or in the age of every attorney believing that they do that too it is very easy for consumers to believe that quality does not matter. Although I have written many other blogs that talk about why quality does matter in all planning contexts, it certainly matters in the special needs context more than ever. Many of your online drafting companies as well as your inexpensive local attorney options are usually not people who specialize in this area. Special needs planning, more than any other area, requires knowledge and skill to ensure that a beneficiary does not get disqualified from any governmental benefits. Avoid the temptation of taking the inexpensive or cheap way out and get the planning done correctly.2. Waiting until it is necessary We often see people in this context who do not want to come to grips with the fact that they need to get the planning done sooner rather than later. They often will wait until the moment is perfect or until they have every answer to every question that they may ever need to know. Because of what is at stake, it is essential not to procrastinate and to get the planning done as early as possible. If you die without the correct planning in place, the risk is loss of benefits to your child, not only from their government benefit perspective but the loss of access to all the money that you are going to leave them as well. Avoid the temptation to be perfect and get documents placed that will protect your family. You can always update and make changes later to make it perfect but dont procrastinate and take a chance on it being too late.3. Failing to name an appropriate trustee or co-trustee The selection of a trustee is an extremely important decision in all trusts. However, this decision is probably more important in the special needs context than in any other context because of all the stringent rules that are required for special needs trust administration and the fact that one mistake or one improper distribution can have an individual lose their SSI benefit or Medicaid benefit. It is imperative that the trustee be up on the law and know the rules that apply to special or supplemental needs trusts inside and out. We typically recommend a corporate trustee in this instance and many of them are non-profit organizations that will act as trustees and do so as a profession on a normal ongoing basis. If you have a family member that you would like to name, consider adding them as the co-trustee with a corporate fiduciary. It is difficult for a corporate fiduciary to stay on top of all of the real changes in the social security context through the POMS and in the Medicaid context through case law and regulations, which makes it impossible for an individual to stay on top of all of those regulations. Our recommendation is to find a corporate fiduciary that you are comfortable with and then add a family member as a co-trustee to allow a family member to be involved.4. Getting it done early and forgetting about it As I stated above, getting it done early is imperative, but you also dont want to get it done and never update it. These are living, breathing documents and there are a lot of things that can change in our lives that would affect the documents themselves. Make it a plan to touch base with the attorney who drafted the documents at least once a year. There are often changes in the special needs arena and we recommend making updates as changes in the law and changes in the social security POMS occur on at least an annual basis. Dont fall into the trap of creating the documents and never reviewing them.We hope that these common mistakes to avoid when drafting special needs trust planning was a valuable use of your time. If you would like to learn more about special needs trust planning, please contact our office to learn more information about our special needs trust workshop.If you would like to have additional information or to discuss this further, please give us a call at 717-845-5490.

When it comes to planning for retirement, the most important person may, probably, be a financial planner or someone to make sure that you have enough money to enjoy those years the way that you want to. However, equally as important is to make sure that you have completed your estate planning at the same time. Oftentimes people think of estate planning as a death plan, but in reality estate planning is everything before that as well. Incapacity can hit us at any time, and its imperative that you have your basic estate planning documents in place so that during those wonderful years, if you were unable to do something for yourself, somebody would be authorized to do it for you.Some basic items that we always recommend everybody to have in place is a Financial and a Medical Power of Attorney, as well as a Living Will. These documents will allow you to make sure that your financial and medical decisions can be made for you if you are not able to make them. It will avoid any fights with family members or anyone who you do not want to have access to your information and will also avoid the expense and the emotional heartbreak of a guardianship proceeding. A Living Will will allow you to make your end of life decisions if you are end stage medical. This is a period in time when two qualified physicians state in writing that there is no realistic hope of recovery, that a person will always remain vegetative, comatose, permanently unconscious, terminally ill. If two doctors state this and that there is no realistic hope of recovery, a Living Will will allow you to decide whether you want heroic and lifesaving measures or whether you want them to withdraw treatment. The most important piece is that the individual gets to decide for themselves, so that their loved ones dont feel as though they had to make that difficult decision to pull the plug or to play God. Finally, a Last Will and Testament will allow you to make the decisions about what will happen at your death and in the future, and along with your financial planner, who assisted you in making sure that you have enough money for retirement, they will, also, ensure that the assets are designated properly to go to the correct beneficiaries.Enjoying your time in retirement and enjoying those wonderful years will be much better knowing that you have protected yourself in case of an unforeseen incident or accident, et cetera. The time to plan for that is now to allow you to enjoy each and every day to its fullest and not be worried about the worse-case scenario in case you didnt plan. Enjoy those final years!If you would like to learn more about this, please give us a call at 717-844-9218.

The thought of passing away and not being able to raise your kids is certainly one that none of us hope that we ever have to experience or endure. However, the thought of our children being involved in a legal dispute over whos going to raise them and having them go in and out of court after the loss of their parents is even more haunting and disturbing.If you want to be in control of who is going to raise your kids and who is going to make sure that they can distribute the money to them to take care of them financially, it is imperative that you make efforts to name a legal guardian for your children. Otherwise, a judge will be the individual to decide who will ultimately raise your children, often amidst litigation and arguments among numerous family members.We are often asked in our office who is the best person to name as the legal guardian for children and who should be the trustee of said children to distribute the money to them.Although there are certainly no perfect answers, we wanted to provide some thoughts, ideas, questions, and comments in order to be able to help narrow your options and assist you with this decision.Who in your life shares the same values as you and is as patient to raise your children?Based upon the individuals that you are thinking of, how many children do they have on their own and would adding your children to their family be insurmountable? Do they have the stamina to be able to raise all of the children not only their own but yours?If you are not related to this person by blood, would you still consider this person to be the right choice to raise your children? We often find that people will look typically to other siblings or family members, not because they think that they are the right choice but simply because they are blood and believe that they have to do that.Have you talked to the person or people that you are thinking of naming? Are they willing to undertake the responsibility of being a legal guardian to raise your children? We recommended that you contact those individuals to verify that they are willing and able.Does the age of your potential person cause a problem? For example, are they under 18, or are they of an age that they are slowing down and not able to take care of themselves, let alone other individuals? We often find that children want to name their parents as the guardians and forget that as their parents get into their later years, it is difficult for them to raise children, particularly young children who are very ambitious and very strenuous.Does the person or people that you are thinking of have a deep enough connection with your children or a significant personal relationship with you and your family?Do the people that you are thinking of live locally so that the kids would not have to change school districts? If not, have you discussed this possibility with your children if they are old enough to understand and how they would react to that or, have you discussed with potential legal guardians the possibility of them moving to your hometown in order to get your children out of high school or at least of an age that moving them would not be problematic?Do the people that you are thinking of have the financial means to undertake such an endeavor? It is imperative that you plan ahead to provide, in case you are gone, and we would recommend that you talk to a financial planner to discuss ways to provide for your children, such as life insurance and other vehicles. That would allow the guardian to be able to get access to money on behalf of the children, which is certainly important.Whether or not the trustee and the guardian are the same people is a personal choice. Some people believe that you should separate the person who is raising your children from the people who are in control of the money on behalf of the children, such as a checks and balances situation. Others feel that if you trust the individual with your kids, you should trust them with the money. Although I personally do not believe that there is a perfect answer for all people, I think that it is definitely something that everyone should think about, and oftentimes, the people who you are thinking of will dictate the answer.These are a few questions thoughts and ideas that people should think about in regard to who to name as the legal guardian and trustee for their families. If you would like to have additional information or to discuss this further, please give us a call at 717-845-5390.  

If I had a quarter for every time Ive been asked this question, I would be extremely wealthy!  What always bugs me about the question is that no one ever asks what the value of estate planning is.  Or, by getting it done right, how much will I save my family in the long run?  In the workshops that we host regularly, we often talk about what to be wary of when looking at costs.  Yes, there are certain costs associated with having documents drafted, but there are different models that attorneys will use in terms of cost on the back end that will often make the cost much more affordable in the long run versus in the short run.  Estate planning documents can range from $200 to several thousand dollars.  In certain circumstances, if we are doing high-end planning for individuals with more than approximately 12 million dollars for a single person or approximately 24 million dollars for a couple, the cost can be upwards of $10,000.  If an individual does not have that type of wealth, they would certainly not do that type of planning and would not need that type of plan.  However, each plan that we offer in our office is priced not only based on the document itself but also on the knowledge that goes into the planning and the software that is used to generate the planning, as well as the value to the family.  I could go on, giving at least 25 to 50 examples of people who tried to save a few dollars and ended up getting hurt to the tune of hundreds of thousands and in one case, millions of dollars, simply because they wanted to save a few dollars on the front end.   Estate planning is very reasonable and is worth every penny.  If you attend one of our estate planning workshops, you will learn the prices up front and will then be allowed to receive more education and move forward with the firm. 

As an estate planning and elder law attorney, I have seen a little bit of everything over the past 20 years. I am a big believer in having loved ones be part of the estate planning process to ensure that everybody is on the same page. Unfortunately, there are a few unscrupulous individuals whose objectives are to take advantage of their parents in one way or another. This does not change my opinion that estate planning and elder law are a team sport and that they should always include the financial advisor, the accountant, as well as the family. However, it is imperative that the professionals who are working with the individual stay vigilant and watch for signs of exploitation or abuse. Although it can often be very subtle, professionals usually have the skills and the tools to be able to see through it and bring attention to it. In an extreme case, a professional will contact the Area Agency on Aging and notify the Adult Protective Services division. They have authority under the Adult Protective Services Act to protect individuals in or around our community. However, that is definitely the exception to the rule, and in most cases, it is enough to have the family members leave the room and talk to the client alone to determine whether or not they are being unduly influenced or if they are speaking freely on their own. Most elderly individuals dont always realize what is occurring and therefore are not trying to hide it. They dont realize what is going on, so a trained professional can often ask the right questions to determine if something is not right. In the vast majority of cases, I do think that having family involvement in the elder law process is beneficial to everyone involved.

I often find in my estate planning and elder law practice that every child or family member wants to be named as an executor in their loved one's documents.However, I often find that nobody actually knows what that means and has absolutely no idea how much work it entails. I think people believe it is a rite of passage or an honor to be named, which it can be, but it also comes with a lot of work and some significant responsibility.The person who is named as the executor in a Last Will and Testament is a fiduciary and is held to a higher standard than an ordinary individual or beneficiary. If the executor does not carry out his or her duties and obligations appropriately, if the appropriate taxes are not paid or if the beneficiarys interests are not protected like they were supposed to be the executor can be held personally liable in the Commonwealth of Pennsylvania.Furthermore, it is imperative that the person who is being named as the executor is a very organized individual, who can handle balancing and managing a checkbook and also multi-tasking. The relationship of a person to another individual does not make them the right choice or the right candidate for the position.If you are named, my recommendation would be to start understanding now what that entails, and what you will be asked to do. If you are not comfortable serving, I would advise that you let the person know so that they can make alternate or contingent plans in their estate planning.If you find yourself named as an executor, I would highly recommend that you seek advice from an attorney who has lots of experience in this area. Oftentimes, people are lulled into thinking that acting as the executor and opening the estate is a very simple process and that an attorney is not needed.While I agree that the original meeting at the courthouse and getting the grant of Letters Testamentary are not difficult things, that is merely the first step, from that point forward there is a myriad of requirements of notices to not only beneficiaries and heirs but also creditors. There is a Pennsylvania inheritance tax return required to be filed as well as potentially a fiduciary income tax return. Being named is only the first step, and that is by far the easiest.Since an executor is a fiduciary and is held to a higher standard and can be held personally liable to creditors and to other beneficiaries, I highly recommend seeking the advice of counsel. Not any counsel, but counsel who is familiar with the inner workings of the estate administration process in Pennsylvania, including but not limited to, the priority statutes, understanding who gets paid first, second, third, etc., which can undoubtedly cause issues if the estate does not have a lot of money or happens to be an insolvent estate.While it can be an honor to be named as an executor, we urge you and encourage you to understand all the expectations that come with it and what you can do ahead of time to be prepared. If you find yourself named, plan to seek the counsel of a qualified individual to walk you through the process so that you do not have to worry about any potential liability or any potential pitfalls of which you may be unaware.If you would like to learn more about being an executor in the Commonwealth of Pennsylvania, please give our office a call at 717-208-4546 or come to one of our upcoming workshops to learn more.

In my estate and elder law practice, I routinely provide advice to seniors and their families about the next step. Specifically about what they will do when they need more care in their home or in an assisted living facility or in a nursing home.Nobody ever wants to have to be relocated as we all wish that we could just reside in our homes until we pass. However, this is not always the case, and having a plan in place, preparing you and your loved ones for what it will look like to have to move will reduce the amount of stress and burden on your family tremendously.The most important piece to all of this is for the entire family to be on the same page and to have open and honest conversations with each other. All too often, families dont have difficult conversations with the hopes that those decisions or that heartache will simply just go away if they ignore it.My experience is that that is never the case. But, ultimately will only provide more heartache and more stress that could easily be avoided if the family has conversations up-front before it is necessary.I am always amazed at the assistance and guidance that assisted living facilities, personal care homes, and nursing homes provide to their potential residents. The number of resources and guidance that they can provide is astronomical and should definitely not be underestimated or overlooked.Take advantage of any and all resources that are made available. But, if you have not yet made the final decision as to where you may want to move and cannot tap into the resources of a specific facility, there are definitely resources in and around our community that will not only assist you with the preparation of your current home for sale and how to receive the highest top dollar but also what to expect when moving and what should you take or leave behind. We found one resource here on 7 Best Moving Companies to support you or your loved ones. Sometimes paying for a service to take away from the overwhelm can be incredibly valuable and provide peace of mind.Although these seem like very simple ideas and issues they really arent, and thinking about them in advance can save you and your family a lot of headaches. Tap into your local resources to assist you with the move itself as well as how to get the new place put together and looking and feeling like home. Spending a little bit of money in order to be able to get your new home feeling like your old home cannot be underestimated.If we can be of any assistance or answer any questions while you make decisions about long-term care, please give us a call at 717-844-9218.

Caregiver agreements are often used in the Medicaid context so that a family member can be paid for their services to a loved one and the payment would not be considered a gift.In the Medicaid context, payments to family members are considered to be a gift for love and affection, unless there is a clear agreement written prior to services being rendered, preferably signed by the parent receiving the care as well as the child giving the care.The caregiver agreement will set forth all of the terms of the transaction, including what services will be provided, where will they be provided, how will they be provided, and other typical contract languages.The significance of this agreement is that the Department of Human Services (DHS) will look at the transaction as an arms-length transaction between third parties and not among family members.This means that the payments to the child will not be considered a gift, and, therefore payments will be allowed to be counted as a for value transfer as part of a legitimate spend-down and not a gift that will trigger a penalty period for Medicaid purposes.The biggest question that arises in regards to caregiver agreements is what the parent should pay for services. This is often a very difficult question because there are certainly competing interests at stake. For the parent receiving the care, they genuinely would like to pay full market value and as much as they can without there being a penalty created. This will legitimately reduce the value of their estate, but benefit the child who is providing services for their care on a daily basis.On the other hand, if there are other children who are not providing the care they often feel slighted or that the other sibling is receiving more than their fair share.This is very difficult because the children who are not providing the care want the amount to be paid to be the least amount possible to potentially raise the amount that will be left for them and their siblings to share.However, if the parent does not spend down their assets legitimately, the money can be lost to long-term care costs, and there may not be anything left for anybody.This inheritance rub is one of the most difficult things involved with a family caregiver because of the potential conflict that it may create among the family members.At the end of the day, fair market value is generally set in, in this context, by what other professionals and people are charging for similar services. As long as you can stay within the realm of what others are charging for similar services, the Department of Human Services will not raise a red flag. However, that does not mean that other children or other family members may not question the motives of their family member providing the services and the amount of the payment.We believe it is important to have all parties abreast of the information and informed so that we can potentially avoid unwanted conflict in the future. We always advise the advice of a professional to assist with these potential implications, and ensuring that the agreements are written properly to comply with DHS and Medicaid standards.If you are looking for advice in regards to estate planning, please call our office at 717-844-9639 or click the link here and we will contact you.

Has your spouse been diagnosed with dementia? You may wonder if you're at risk of losing everything, but the short answer is no. However, it's crucial to take the time to gather resources and learn about the diagnosis. Seek advice from healthcare professionals, organizations like the Alzheimer's Association, and other experts who can provide guidance. Once you feel comfortable with this information, it's wise to consult an elder law attorney to understand asset protection and the differences between care in assisted living facilities and long-term care facilities, as this can significantly impact how you'll pay for care. Planning for dementia can be challenging due to the variable progression of the disease. Some individuals may experience a slow decline while others deteriorate rapidly, and in certain cases, the journey could span 15 to 20 years or even longer. It's essential to seek advice early and regularly, allowing you to create a comprehensive plan and maintain a sense of control over the situation. In our office, our elder care coordinator, Meg Motter, assists families in developing a life care plan. This plan provides detailed instructions from start to finish and is continually adjusted as needed. It serves as a lifeline, empowering our clients' families to feel in control of the situation rather than being controlled by it.Considering the high costs of care, it's essential not to leave things to chance. Take action now and consult an estate planning and elder law attorney if you find yourself in this situation.To further support and equip you with valuable information, we invite you to register for our free educational workshop. Join us and gain valuable insights into dealing with dementia and securing your family's future. Don't miss out on this opportunity secure your spot today!

What is the worst-case scenario if I dont plan?This is a question that was raised to me several years ago by a client, and I answered her question by walking her through what would happen if she did not have a plan, and she became incapacitated from a financial perspective as well as from a medical perspective. I also answered the question about what would happen if she died. My client was married with three children. Her husband had two children of his own, and she certainly loved them and treated them like her own.Unfortunately, she did not see the need to do planning ahead of time, and the worst-case scenarios that I set forth for her are exactly what happened. She became incapacitated a few years later and had a stroke. While she was in the hospital, her children and her husband were disagreeing about the healthcare decisions that should be made on her behalf. To further complicate things, the stepchildren showed up at the hospital also arguing that they should be involved in the decision process.There is a healthcare statute in the Commonwealth of Pennsylvania that does provide the next of kin and who would make healthcare decisions, but, ultimately, the hospital did not want the husband and his children along with the stepchildren to be fighting in the hospital, so they asked them to go to a guardianship hearing and have a judge adjudicate who would be the guardian of her healthcare decisions. There were a decent amount of assets in her name alone, and, unfortunately, the husband was not able to access them because she did not have financial power of attorney in place.He went to the bank trying to explain the situation but, ultimately, was told that he had to obtain a guardianship Order from the Court to be able to make decisions on behalf of his wife. The husband ended up in court fighting with his children that he had with his wife along with his children to another relationship, fighting over who should be granted guardianship of her. He ultimately won after having to hire an attorney and spent thousands of dollars in legal fees.She passed away and did not have a Will in place. I think everybody, including her and him, incorrectly believed that the husband would get 100% of the assets. I did explain to her the worst-case scenario under the Pennsylvania Intestate Succession Statute that the husband would be forced to get the first $30,000 and then have to split the remainder with the children that he had with his wife. Because of all of the strained relationships that occurred under the fighting that they had in the hospital and the Courtroom, tensions were high, and they did not get along. The husband was devastated to learn that he only got the first $30,000 and one-half of the remainder. He asked his kids to please gift the money back so that he could have it to live the rest of his life, and they laughed in his face and kept the money that they were entitled to under the statute.Unfortunately, this scenario is far too common. As an estate planning and elder law attorney, I tend to live in the worst-case scenario world because that is what typically happens. If you plan, you avoid all of these circumstances and situations from arising. If you do not plan and you allow yourself to be subject to the government or the states rulebook, it may not go the way that you want it or the way that your family wants it.I think often about that day when I met with her and discussed the worst-case scenario. I didnt scare her enough or do enough to make her realize how devastating that could be for her family. I am saddened over the tension in the relationship now with the entire family and know that I couldve easily eliminated all of those fights and arguments and the need to go to Court and spend thousands of dollars of money. My goal now is to show the worst-case scenario and hope that it hits home with at least one person who will get their planning in place ahead of time so that this does not happen to them.If you would like to learn more about how you can plan properly to avoid these and many other complications, please give our office a call at 717-844-9218.

No, we are not talking about the birds and the bees and how to have a conversation with your young son or daughter. We are talking about the conversation with your parents as they age and what are their wishes in regard to caregiving, long-term care, death, and the planning associated with it. Most families shy away from these conversations and essentially treat them as faux pas conversations and avoid them at all costs. While avoiding the conversation can make it seem like its going away and make it seem like everything is okay inevitably that decision will blow up and will become a very painful situation for those involved.As an estate planning and elder law attorney, I cannot begin to tell you how many families avoided this conversation with their parents and regretted it later. I have never had a family come back to me after I suggested that they sit down and have The Talk and told me that they regretted it and wished they wouldve waited. They all say that it was great to get everything out on the table.Most parents dont talk about it with their children mainly because they dont think that their children want to discuss it. We often hear parents saying that their kid clams up or their kid gets very nervous and just doesnt want to talk about them or their spouse dying. Therefore its easier just not to have the conversation. Believe it or not, most parents are open to having the conversation because they are dealing with it on a daily basis and they understand that its better to have the conversation or at least to think about it ahead of time.Our advice is to try to start the conversation to understand what your parents wishes are for their golden years. Where do they want to live as they age? Do they have an idea as to how they would like to be treated if they were ever to be in an end-of-life situation? Where would they like to be buried? Do they have their financial affairs in order and do they have professionals that they are working with that you could contact if something happened to them? What is going to happen when if they have to go into a nursing home how can you assist them with their planning? What happens when they die?These are often great conversation starters. An estate planning and elder law attorney could also assist you with filling in the details and understanding how to put these answers in legal documents to make them binding in the future. Dont underestimate having your parents go to a workshop on estate planning and elder law, it will get them thinking and may also provide the opportunity for the conversation to occur.The holidays and times that families together often end up being the time that people get to discuss these topics and we encourage you to have The Talk not only for your parents but for you and your family as well. As much as your parents will thank you for wanting to have the discussion to figure all of the information out you will also be relieved to know that they have thought a lot about it and have a lot of strong opinions and beliefs and now you know that you can carry out their wishes. One thing that I have found is that people always want to do whats best for mom and dad and oftentimes want to do what Mom and Dad intended. If you have had the conversation and have documents in place everyone will be on the same page and no one has to speculate or argue about what was intended.If you are interested in learning more about Medicaid crisis planning, please call our office at 717-844-9218.

More and more, as our population ages, many of us are taking care of aging spouses or parents. According to the Mayo Clinic, 33% of adults provide such care. Most caregivers feel an obligation to do so out of love.However, caregivers often find that providing that care is emotionally and physically, and often financially, draining. It is essential that caregivers know their limits. The danger is that the everyday stresses and challenges of providing such care often lead caregivers to forget about themselves, which can lead to depression, social isolation, financial difficulties, stress, fatigue, loss of interest in activities, frequent pain or headaches, and other effects.When we get on an airplane before we take off the flight attendants always instruct passengers that, if the oxygen masks drop down, be sure to place them on you before you help others. Why? If you pass out from lack of oxygen, you cannot help anyone else, so by taking care of yourself you are in a position to care for others. This is not selfishness it is a necessity. When Mary first came to see us, her husband of over 40 years had advanced Alzheimers and other physical conditions, and qualified for skilled nursing level care. Caring for him was a 24-hour job he would wander off at all hours of the day and night, and other behaviors andMary needed to dispense his medications throughout the day and evening. We immediately sensed that Mary was on the verge of a nervous breakdown, but this was her husband, her love, to whom she had pledged herself in sickness and in health. She could not imagine abandoning her obligation to him by placing him in a nursing home, and, sadly, they did not qualify for Medicaid Waiver for in-home care.We worked hard to make her understand that caring for her husband was killing her. As we talked, it became ever clearer that she could not keep up her current pace. I asked Mary how caring for her husband was affecting her; she admitted that she was under constant stress, was depressed, didnt have any social life, and was generally wearing down. I then asked her what would happen if she were to wear down so much that she died from overwork while caring for her husband. She was startled she hadnt considered that. The answer was, there would be no alternative he would have to go to a nursing home.It took a couple of meetings with her, but she finally came to realize that in the long run, she was not doing her husband any favors by keeping him at home; her best course of action would be to find a great nursing home for him, and visit him frequently and get stronger physically and emotionally herself so she could continue to play an important role in her husbands life for a long time to come.If you are going to care for a loved one in the twilight of his/her life, then there are things which you should do to maintain your physical and mental health, such as:Seek and accept help from family and support groups, including online.Keep connected with family, friends, even clergy.Find out from your loved ones medical staff, or others, what resources are available to you and your loved one.Give yourself permission to spend me time to rejuvenate your physical and mental conditions then do it! Even a short time for yourself each day can make a huge difference.Maintain good, healthy habits.Exercise it improves your mood and reduces stress. You should consider all of your options, but always consider your needs as well as your loved ones. Remember, to be an effective resource for your loved one, you need to put the oxygen mask on first before you can help others!

Most of us have heard about a Last Will and Testament, but have you ever heard of a pour-over Will? Pour-over Wills are often used in connection with living trusts.There are several different types of living trusts.  Trusts are a vehicle that will avoid probate and often provide other benefits such as asset protection or other things, depending on what type of trust it is. The goal of a trust is to make sure that the assets are funded into the trust. In our office, we like to say that it is putting your boxes into your wagon.However, oftentimes assets will be left out of the trust for a myriad of reasons. To be completely honest, the main reason is probably just because people forget to put them in the trust, and over time when they buy something new instead of having it put into the wagon they just leave it in their name alone out of forgetfulness.A pour-over Will essentially says that all assets that are left in a persons name alone at the time of their death should pour over into the trust. The will does still have to be probated because the asset was in the persons name alone, but ultimately the assets will pour into the trust and then will be subject to the terms of the trust. We used this as a catchall or fallback provision so that we are sure that the trust terms will govern the distribution in the future.Pour-over Wills are often much shorter than your traditional wills because their purpose is simply to get assets over into a trust, subject to the terms of that trust. Therefore, pour-over Wills are simple and easy to understand because of their purpose.If you have a trust and your trust provides for all of the distributions to you and your family after you die, talk to your attorney or professional to determine how assets that are left in your name are going to be handled. Assuming that there wont be any is probably not the best option or course of action. Talk to your professional to determine if a pour-over Will is right for you.If you would like to have additional information or to discuss this further, please give us a call at 717-845-5390.

My loved one is in a nursing home, is it too late? The simple answer is no, it is not too late! The only time it is too late is when there are no assets available or when all of the assets were previously gifted. If the family member in the nursing home still has assets, it is not too late.The confusion in many of these cases arises because most individuals believe that because the nursing home didnt mention that anything could be done, that means that nothing can be done. Unfortunately, it is not the nursing homes business offices job to tell a family how to protect assets. It is their job to make sure that they provide great care for their residents and get paid for their services. To be completely honest, most of them do not even realize that anything can be done because when you look at the law on its face, it doesnt really mention anything about it. You have to dig a bit deeper!If you have a loved one that has entered a nursing home, please contact our office immediately so that you can watch our educational workshop and have a free consultation where we explain your options to you before you make any decisions. It is our job to protect you and your family and to protect as much as we possibly can for our clients. Allow us to do our job and allow the nursing homes to continue to do their job to provide care and get paid for their services.Remember, it is not too late. If a loved one is already in a nursing home, please give us a call so you can attend our free workshop by registering here or call schedule 717-845-5390 and well set you up with a free consultation.

As we grow older, our desire to support our children often intensifies. A trend that is becoming more prevalent is parents choosing to give their adult children an advance on their inheritance while they are still alive. Essentially, this means gifting a sum of money to the child during the parents lifetime and including in their estate planning documents that if the gift is not repaid, it will be considered an advance, affecting the childs share of the estate. While there are several concerns I have with this approach, two major ones stand out: the potential impact on Medicaid eligibility due to the gift being considered, and the risk of unequal distribution of assets among the children. One significant issue arises if the parent requires long-term care. Medicaid, the government program that assists with long-term care costs, imposes a five-year look-back period to assess any gifts made during that time. If a gift is identified, a penalty is calculated, which could prevent the person from qualifying for Medicaid until the penalty period is served. Providing an advance during your lifetime is indeed considered a gift and may significantly affect your eligibility for long-term care assistance. Additionally, we cannot predict the financial demands that may arise toward the end of our lives, especially when it comes to potential long-term care needs. Giving away money during your lifetime with the expectation that everything will be equalized may be risky, as theres no guarantee of how much money will be left in your estate. For instance, if an advance of $300,000 is given to one child, deemed an advance, and after paying debts, funeral expenses, and legal bills, there is insufficient remaining to reimburse the other children, an unfair situation arises. As a general rule, we advise against providing advances during your lifetime. While there may be specific exceptions based on individual circumstances, seeking counsel before making such decisions is crucial. Without professional guidance, we do not recommend this course of action. Join our free educational workshop to delve deeper into estate planning and inheritance strategies. By attending, youll gain valuable insights to make informed decisions about your assets and your familys future. Reserve your spot now! 

Most people go through life and do not often think about planning for the future and what that might look like. Oftentimes, when people finally get around to planning, they dont take the necessary time to truly understand the intricacies and the consequences of decisions but rather want to get something done for the sake of being done.An individual with a disability who is receiving public benefits from the government cannot receive an outright inheritance or they will lose their entitlement to their government benefits. However, many parents do not completely understand this concept and since they have three children, theyre going to provide for their children equally regardless. It is imperative if you have a child with a disability or special needs that you seek expert counsel in order to fully understand what the implications of giving money outright to that individual could be now and in the future.It is very easy and straightforward to be able to provide for an individual with a disability by placing money in a special needs trust. This will allow that individual to continue to receive the money from the parent but also receive the government benefits that theyre currently getting. This is my example of having your cake and eating it too. While not necessarily overly difficult, it is essential that you work with an estate planning and elder law attorney who does special needs trust on a regular basis. There are many easy pitfalls that someone can fall into and it is easy to make a mistake in this arena. If you have a special needs child, please take the time to fully understand how you can protect that individual and the inheritance in the future as well as still provide them any government benefits that they may be entitled to.If you would like to learn more about special needs trust planning, please contact the office at 717-844-9218, to learn more about our workshop for families with individuals with disabilities and how to plan for them. We look forward to seeing you in the future.

The bottom line is that LTC (long term care) insurance has come a long way.  There are new types of LTC insurance and even a PA Partnership Care Plan.  We encourage our clients to talk to an agent to determine if it is right for them.  Specifically, we like the riders that keep our clients in their home and in an assisting living facility as long as possible.I am not a financial advisor, nor am I licensed to sell insurance, nor can I receive any commission from anyone who does. Thus, I have no incentive to say that I think long-term care policies are important; the reasons may be different than what you might expect.  I always hear the push-back that long-term care insurance is very expensive, and that, in many cases, if you dont use it, you lose it. Since approximately 2009 Pennsylvania has become a part of something called a partnership care plan.Essentially, for example, if you have $200,000 of long-term care insurance that pays out, the state will allow you to exempt an additional $200,000 of assets at the time that you enter a nursing home, and still qualify for Medicaid. When the plan first came out, the concern was that the state would take over long-term care insurance, but so far that has not occurred.I believe the reason is because these are still traditional long-term care policies that, if you dont use it during your lifetime, you lose its value at your death.However, more recently long-term care insurance companies have come out with what is called a hybrid policy, which is a life insurance policy that has a rider for long-term care insurance. The main reason that I like long-term care policies, specifically the ones that have riders to provide for care in the home or in the personal care home, is because more and more, people want to live at home as they age and until they die.  In all of my years of practice, no one has ever told me that they want to go into a nursing home. I often hear that they want to stay home, or they want to stay in a personal care home, but unfortunately, it is too expensive, or the assets will become completely depleted.Although I understand that long-term care insurance or a long-term care hybrid policy may seem expensive now, trust me, the peace of mind that it will provide later when you or a loved one wants, and is able, to stay home or go to a personal care home, the money spent on the policy which allows you to do so is small compared to the out-of-pocket cost of that care, and, at least as importantly, your peace of mind.  Although we are fortunate in the state of Pennsylvania to be able to assist people in crisis, we are not as easily able to help people to stay in their homes or in a personal care home.  Do yourself and your family a favor, and if at all possible secure your long-term care insurance now for peace of mind later; the earlier the better.  If you want to talk about this or any other estate planning matter your wanting more information about, contact us!  

A hot topic among our clients is the proposed amendment to the Federal Lifetime Gift & Estate Tax Exclusion and how it may affect their current estate plan.  At this point Congress did not pass the proposed amendment to the law that was to go into effect January 1, 2022.  And there does not seem to be a lot of talk of bringing this to the forefront again for a vote anytime soon.  The current law doesnt reduce the exemption until January 1, 2026, when it would revert to $5 million.  The exemption is a lifetime exemption per person and applies to gifts you make during your life or distributions to your beneficiaries after your death.  Any amounts gifted or passed through your estate in excess of the deduction amount will be subject to either federal gift tax or federal estate tax.  This change will only impact you if your net worth is in excess of $5 million (adjusted for inflation).  If you are like many people, me included, who can only dream of having $5 million dollars of assets in your lifetime then the reduction of the exemption on January 1, 2026, or before, will have no effect on you or your planning.  However, if you do have significant assets you may want to consult a qualified estate planning attorney to determine if you can make additional gifts before the law rolls the exemption amount back to $5 million in approximately 4 years.  The attorney will also be able to advise you if establishing and funding a grantor trust prior to the exemption being reduced would benefit you and help to reduce any federal gift or estate taxes.  Please keep in mind that this law and any changes applies to federal gift and estate taxes and has no effect on the assets or value of the assets subject to Pennsylvania inheritance tax.  Inheritance tax in Pennsylvania is separate and apart from any federal laws and currently inheritance tax is assessed on almost every asset you own with the exception of life insurance.  For questions on if the proposed changes in the federal gift and estate tax laws in early 2026 will negatively impact you or your estate planning or questions on Pennsylvania inheritance tax, please consult a qualified estate planning attorney for a review of your estate plan.  We would be happy to schedule a time to speak with you regarding your individual situation.  Please feel free to give us a call if you have any questions or comments at 717-845-5390.

It is so easy these days from the comfort of our homes to be able to learn all about our ancestry and to be able to take DNA tests to learn about our family history. Technology sure has come a long way and is providing us with information from the comfort of our own homes that we never had seen before. It is essential, now more than ever, to make sure that our estate planning documents are up to date and also are done appropriately and properly.Nowadays, it is easier to track down a parent that you never knew existed and just learned about, whether were adopted or simply just lost contact or were estranged from that person. Or there could be a situation where someone does not know that they had a child and years later it may come to light that they are a father because of the technology and ability to learn this information from the comfort of your home. This will certainly change outcomes in the future of who is entitled to certain assets and who may have standing and different circumstances.It will be interesting to see how this fleshes out over the next 20 or 30 years, but one thing is for certain it is more important now than ever to make sure that your estate planning is up to date. It will be important to have them done correctly and make sure that all of your is are dotted and ts are crossed to ensure that someone cant come in later who is unknown or unexpected and have rights. And especially important to have your documents prepared and not rely on the intestate laws of Pennsylvania to determine your beneficiaries.Technology certainly has and will change estate planning in the future, and we look forward to seeing how it does, but in the meantime, we will certainly plan accordingly and make sure that our documents are up to date and properly drafted for any unexpected mishaps.If you would like to learn more about this, please give us a call at 717-844-9218.

I hope this message finds you in good health and high spirits. As your trusted elder law and estate planning advocate here at Bellomo & Associates, I am excited to share some insights into a topic close to my heart legacy planning. Life is a beautiful journey filled with moments that shape, define, and create the unique tapestry of our existence. For many of us, legacy planning can be both contemplative and uplifting. Its about weaving the threads of your life into a story that not only withstands the test of time but also serves as a guiding light for generations to come. Legacy isnt just about the assets you accumulate; its about the values you hold dear, the wisdom youve gained, and the love youve shared. As an elder law and estate planning attorney, my goal is to help you craft a legacy that echoes your unique narrative. Its about ensuring that your journey, struggles, and triumphs become a source of inspiration for those you cherish the most. Just as our lives evolve through different seasons, so should our estate plans. Whether you are an income-generating couple, a wise senior considering the next steps, or a young family dreaming of a secure future, your legacy plan should be a reflection of your current reality and your aspirations for the future. For those approaching the golden years, the prospect of skilled nursing facility care can be a daunting one. Our team is here to guide you through the intricacies of elder law with warmth and compassion. Its not just about protecting your assets; its about ensuring that you receive the care and respect you deserve. To the young families reading this, I understand the joy and responsibility that comes with building a family. Legacy planning is not just a matter of paperwork; its a promise to provide and protect. Lets work together to create a plan that safeguards your loved ones, ensuring their future is as bright as the love you share. I invite you to join me and our team at our next estate planning workshop. Its a space where like-minded individuals come together to learn, share, and ask questions. Estate planning is not just a legal process; its a collaborative journey, and were here to guide you every step of the way. Remember, your legacy is not just about what you leave behind; its about the impact you make today. Lets embark on this journey together, creating a legacy that stands as a testament to a life well-lived.To a future filled with purpose and legacy,Jeff Bellomo

My estate planning and elder law practice have given me insights into these topics that I never thought possible. I encounter questions on a daily basis in my practice, how can an individual get the most out of retirement and how do you stretch your money and protect your wealth for future generations?I am an estate planning and elder law attorney who happens to have a Master's in Law and Taxation as well as a Certified Elder Law Attorney under the authorization of the Pennsylvania Supreme Court. However, more than any class or degree I have received, representing numerous families over the years and watching their decisions, and in some cases mistakes, has really provided me the most prevalent insight into these questions and their answers.I firmly believe it is very important to work with a financial professional to assist you during your working or earning years, as well as heading into your retirement years. Although it is possible for some people to do it alone, Im a firm believer in hiring professionals to provide assistance in their area of expertise.The small fee you will pay will be far worth it in the long run versus what you would save in the short term. Having a financial professional and a plan for retirement, not only how to get there, but also how you will live during retirement is imperative. Stretching your money during retirement is similar to when you were saving for retirement, being disciplined, and having a goal in mind.The one piece that no one ever wants to talk about is the cost of long-term care and how were going to pay for it. Although none of us really want to receive long-term care in our home or in a nursing facility, statistically it is a likely possibility that we need to consider.Long-term care in a nursing home will cost anywhere from 10,000 to $12,000 a month. And in-home care, depending on the amount of care that is being received, can cost anywhere from $17,000 to $20,000 a month. This care is often necessary and needed but if there isnt a plan in place, it can devastate a family pretty quickly and wipe out all of their savings.The most obvious way to pay for long-term care is to simply self-insure, and make certain you have enough assets or investments to cover the cost. I find this to be a very difficult proposition, not only because it is impossible to know ahead of time how much care you are going to need, but also because the cost of the care in the future is very unpredictable. I remember at the beginning of my career the cost of a nursing home was around $5,000 a month, and now it is well over $10,000 and in some cases in our area $12,000.I honestly dont think it is out of the realm to predict the cost will more than double in a short period of time. But for the people who were planning to self-insure, it was certainly a shock to them when they finally got to the point of needing it and learning that we were closer to $12,000 a month. Although this can be possible for wealthy individuals, it is not typically possible for the middle class, since they cannot accumulate enough wealth to absorb $12,000 a month in costs. The other thing to remember is that often times one spouse is the caregiver for another spouse, and when the good spouse ends up needing care himself or herself, both spouses end up in the nursing home to the tune of $25,000 a month. It would be very difficult to self-insure this kind of need.Another option is long-term care insurance. I am not licensed to sell insurance and have done numerous blogs on the topic of long-term care insurance. I am a big fan in general of insurance because I love that it could keep an individual in their own home for as long as possible. If you are looking at long-term care insurance policies, I would definitely look at a rider that will pay for in-home care.Pennsylvania has products that are hybrid policies which are life insurance policies, as well as riders that provide in-home care or nursing care. Pennsylvania also participates in the partnership plan, which will allow an individual who has a long-term care policy to exempt a number of assets equal to the amount of benefit that they have received. I am a big fan of both of these and if an individual is able to afford it, I believe it is absolutely a good investment. You certainly want to talk to an agent to determine if it is something that is possible for you and your loved one, as well as whether it is financially doable.In many cases, self-insuring or long-term care insurance is not an option, for a myriad of reasons, but often times we are stuck in a situation where a spouse does not have any way to pay for the long-term care, and they are reliant upon the crisis rules. Currently, in the state of Pennsylvania, the crisis rules are very favorable and will allow us to protect 100% of the assets of the spouse in the community. If you are interested in learning more about Medicaid crisis planning, please call our office at 717-844-9218, or click the link here to RSVP to our upcoming workshop to learn more about it.

Im Jeff Bellomo, an elder law and estate planning attorney at Bellomo & Associates in York and Lancaster, PA. Today, were going to explore a topic that resonates with many of you estate planning for blended families. Its a journey that touches the lives of our cherished income-generating couples, our beloved seniors transitioning to skilled nursing facilities, and our forward-looking young families. Lets delve into the intricacies and emotions of Estate Planning for Blended Families. Blended families are born from love that knows no boundaries. When two hearts unite, each with their unique family history and experiences, its a beautiful testament to the power of love and the promise of a new future together. However, it also comes with its set of complexities, especially when it comes to estate planning. Balancing the needs and desires of all family members is a delicate art, one that requires both financial finesse and emotional sensitivity.Estate planning for blended families involves careful consideration of assets, beneficiaries, and distribution. Its not just about dollars and cents; its about protecting the ones you love, no matter their biological or step relationship. One crucial aspect is updating your will to reflect your current situation. Clearly defining how you want your assets distributed and to whom, ensuring that no loved one feels left out or overlooked, is essential. Its about making sure your intentions are crystal clear, and your familys future is secure. Trusts as a Tool for HarmonyTrusts can be an incredible tool for ensuring harmony within your blended family. They offer privacy and efficiency and can be tailored to meet the specific needs of your unique family structure.Consider a trust as a way to protect assets for the benefit of both your spouse and your children. This can be particularly important when there are assets you wish to pass on to your biological children from a previous relationship. A trust can help ensure that your assets are distributed fairly, while also providing for your new spouse. The Importance of CommunicationEstate planning in blended families is not just about legal documents; its also about communication. Open and honest discussions with your spouse and family members can prevent misunderstandings and ensure that everyones concerns are addressed. Remember, an estate plan is not set in stone; it can be adapted and changed as your family dynamics evolve. By fostering an environment of understanding and open dialogue, you can navigate this journey with greater ease. Join Us at Our Estate Planning WorkshopIf youre in a blended family, I invite you to join us at our next estate planning workshop. Its a space to connect with others who face similar challenges and ask questions. Well guide you on critical next steps to create an estate plan that reflects your unique family situation.Together, we can help you build a legacy that ensures the security and harmony of your blended family, allowing your love to shine brightly in the generations to come.

This question is by far the most asked question that we receive in our office. However, there is absolutely no standard or right answer for everyone. Trusts are typically used for either probate avoidance purposes, tax avoidance purposes, or asset protection. Trusts are often used for disability planning but generally, that is not the sole reason for peoples use of trusts.The federal estate tax limit currently provides an $11.7 million exemption per person. This means that an individual currently will not pay federal estate tax unless their estate, per person, goes over $11.7 million or $23.4 million for a husband and wife. This law is set to go back to $5 million in 2025, set for inflation which predictions are that it will end up being around $5.8 million. Even with the reduction in 2025, most people in our local community will not need to do a trust for tax purposes. Certainly, there are rumors each and every day about Congress changing the laws and lowering the exception amounts, but until that happens, I would not make plans for something that may or may not occur. History tells us that all of the rumors that we are hearing, probably none of them will actually look like the actual law if it is ever enacted, and we have always taken the position to plan for the law as it is in effect, and if and when it changes, then we can pivot. With that said, there is not a high percentage of people who will need to do trusts for tax purposes as we sit here today in May of 2021.Probate avoidance is usually a situation where there are properties in several different states across the country. While every state has different laws as to whether a person needs to open an estate in their specific state, generally speaking, if the property is in a persons name alone at the time of their death, the state will require them to go through that states probate process. We find that many people like to avoid probate in these situations so that they do not have to hire attorneys in each state to finalize for their families. In a situation where a family does not have properties in multiple states, generally, probate avoidance is not something that people are overly concerned about unless theyre in a state that the probate process is very burdensome and overwhelming, which currently, it does not happen to be in the Commonwealth of Pennsylvania.Asset protection is one reason that people will often do trusts in the Commonwealth of Pennsylvania, to avoid potential creditor issues and long-term care costs. These are a very specific animal of trusts and the rules are very unique to these trusts alone since they are not being set up for tax purposes. It is our recommendation that you speak to a professional well-versed in these types of trusts before completing one. They are very unique and there are very simple rules; however, it is very easy to make mistakes in this area. An elder law attorney well versed in these types of trusts will be able to provide advice as to whether this type of trust makes sense for you. There is no one size fits all answer to the question of do I need a trust?. It is important to get very clear on your personal goals and what your goals are for your family. Once you have a very clear picture of that, then a professional will be able to advise you, based upon your current situation, as to whether it makes sense. We would certainly be honored to assist you through this process, and we offer weekly workshops which will give you insight into the thought process in regards to whether trust is right for you. We look forward to seeing you in the future.If you are looking for advice in regards to estate planning, please call our office at 717-844-9639 or click the link here and we will contact you.

Many people come into our office wanting to know what planning they need. We often are able to demonstrate very quickly that it is impossible for someone to know exactly what another person needs, because each person is different, and everybodys goals are different. Although I cannot precisely tell every person what they need without knowing the details, there are certainly some basics that everybody should have in place regardless of their age or their wealth.A Last Will and TestamentA Last Will and Testament will allow an individual to determine where the assets will go upon their death. This document will specifically govern assets that are in the persons name but not jointly owned assets or assets that have a designated beneficiary.Financial Durable Power of AttorneyThis document will allow another individual to make financial decisions for you if you are unable to manage your own financial affairs. Unable can be because of unconsciousness, being out of the country, or just simply not being able to make those decisions. This will allow your bills to be paid while you are incapacitated, and allow your life to continue, even if you are not able to make decisions for yourself. The key to this document is having it in place before losing capacity because the alternative of guardianship is certainly not a perfect choice.A Health Care Power of AttorneyA healthcare power of attorney will allow you to have your medical decisions made by another individual in the event that you are not able to make them for yourself. If this document has a living will embedded in it, also called an advanced health care directive, that would also allow someone to know what your wishes are at the end of life or end-stage medical condition so that your wishes are carried out in that instance.  The FINANCIAL POWER and Medical Power of Attorney do not have to be the same person or people and often people tend to have them be different because one person is better with finances and maybe the other is better with medical decisions.Beneficiary designationsMany people forget about the fact that there are assets and accounts that require the designation of a beneficiary. For example, life insurance, 401(k)s, IRAs, annuities, etc. will allow you to name a beneficiary right on the contract or policy. Whoever you name as the beneficiary will receive those items outright. It is essential that everybody check their beneficiary designations and make sure that it is consistent with their other estate planning. For example, if you name everything to one person in your will but your beneficiary designations name someone else when you die, everything would be going to who is named as the beneficiary designations, and nothing will be going pursuant to the Will. This is often a case or a situation where people dont understand the implications, and it is imperative that you check your beneficiary designations often to make sure that they are up to date with the rest of your planning.Guardianship designationIf you have a child who is under the age of 18, it is crucial and essential that you name who you want to care for that child in the event that you were to pass. The guardian of your child will physically raise and take care of your child until they reach the age of 18. It is important not only to name that person but to name a backup, in case something happens to the person initially named. Without naming your preference in the document, it can certainly get ugly and may lead to a fight in a courtroom with a judge that is totally unnecessary and avoidable.If you have these basics taken care of and make sure that everything is consistent with your wishes, your bases will be covered, regardless of your age, health status, or wealth. To the extent that you do have significant wealth or that there are complications to your situation, then certainly there are other estate planning techniques that may be used. But as a basic rule of thumb, these are the essentials that everybody needs, regardless of age and wealth.If you would like to learn more about the basics or the essentials of estate planning, please give our office a call at (717) 208-2899 to learn more.

This is a statement that we hear on a regular basis in our office when we talk about aging and potentially needing assistance for our loved ones in the future. Most people, if asked, would choose or want to stay home as long as they possibly can. We often are abruptly interrupted when we start talking about alternatives such as assisted living facilities or personal care homes or long-term care facilities.It is certainly admirable to want to stay home as long as possible and there are a lot of things that can be done to help ensure that that can occur. The time to start discussing what it is going to look like for a loved one to stay home is now. Take a look at the house and the configurations of the house to determine if it is suitable and adaptable to allow somebody to age there. Is there a possibility of putting ramps in or having a stair lift installed to assist with getting up and down steps within the home. Are there appropriate handrails or grab bars in bathrooms and other places. We highly recommend that you ask a geriatric care manager to come to your home to assist with evaluating its adaptability and suitability for people as they age.If you find yourself in a situation where a loved one needs care now, we highly recommend that you look at non-medical options to have someone come into the persons home to assist them with their needs. Non-medical options are plentiful in the York and surrounding areas and allow families to know that their loved ones will have a companion during the day and potentially get reminders throughout the day about taking medication, going to the restroom, or getting meals. Oftentimes all that people need is simple reminders and someone just taking a look to make sure that they are remaining safe in their home. If the situation gets worse and the individual begins to need medical care we are also very lucky in our area that we have several medical options for care in the home. I would highly recommend that you research both the medical and non-medical options in our area to see how plentiful and wonderful these companies are.As a person ages in place, and as their care needs increase, sometimes it is impossible to have somebody continue to remain in their home because it may become unsafe. There are certainly a lot of options before this becomes a possibility but if a person begins to wander from the home or if the home is not able to be adapted to be safe for them we may have no choice but to move them into another type of setting. However, with proper planning and assistance from outside companies and family members it is possible to age in place in your home for a long time. We highly encourage you to have these conversations ahead of time so that youre not having them in a crisis situation which makes the conversation much more difficult.If you would like to learn more about estate planning and elder law, please give our office a call at 717-844-9218.

We recently did a blog that talked about how national companies and mainstream media often talk about avoiding probate at all costs and the advantages with it. I warned in that article that probate is not a bad thing in the Commonwealth of Pennsylvania. In fact, the process itself is very straightforward and fairly inexpensive. Many of our national companies and spokespeople come from states where the rules are very difficult and expensive, and make it sound like every state follows the same process when, in reality, each state has different rules, and overall, Pennsylvania is a very easy state to go through probate and is overall fairly inexpensive.Several people have asked us to provide more in-depth answers as to what are the tools to avoid probate. In the previous article, I avoided getting into that conversation because I simply wanted to address the fact that we dont necessarily need to do that in the state of Pennsylvania and that we recommend that you seek counsel to advise you on the pros and cons of such decisions. I will take a minute in this blog to discuss some of those options briefly but still recommend that you speak to an attorney to discuss whether it is applicable for you in your specific particular situation.Here are a few options or ways that people can avoid probate:Create a trust.Joint ownership.Outright gifts.Beneficiary designated accounts.Trusts are certainly very viable options and can provide a lot of benefits. Some of these benefits can include avoiding probate in several different states, as well as potentially asset protection. In some rare instances, some people need advanced tax planning, in which case a trust can serve as a way to reduce the federal taxable estate to avoid paying higher taxes to the government. Each particular trust certainly has pros and cons and the rules are different for each one. Depending on whether you are doing a trust simply for probate avoidance, for asset protection, or for tax planning, each trust will have its own rules and will be governed by a different set of restrictions and limitations. Fully understanding the restrictions and limitations and weighing that with whether or not the benefits outweigh the negatives is something that each person should do individually and should do with an experienced trust planning attorney.Joint ownership. It is very easy to encourage people to add family members as joint owners on their accounts. Oftentimes, people will say that theyre doing this for convenience. I believe that it is important to understand some of the negatives that can come out of joint ownership property ownership, such as if the child were to die first, there would be tax implications in the Commonwealth of Pennsylvania to the parent for adding their child at a 4.5% tax rate. It is a very difficult conversation to be the person who calls the parent who lost a loved one who has to tell them that they are very sorry for their loss and to remind them that theyre going to have to pay inheritance tax on the joint owned account when it was the parents money in the first place, and why do they have to pay tax on their own money? Once you add a joint owner to an account, there are implications of that transfer that very few people discuss or are aware of.If you would like to learn more about estate planning and elder law, please give our office a call at 717-844-9218.

This blog discusses cohabitating in the context of two adult individuals who live together but who are not married. They can be a partner, significant others, or simply friends. We will not be discussing the pitfalls of owning property jointly or other obvious pitfalls of cohabitation but rather we will be discussing the downfalls of not having estate planning documents to allow that significant person in your life to help make decisions.In the Commonwealth of Pennsylvania, you must be married in order to have certain rights under the context of the healthcare statute. It also requires marriage to have rights under the intestate succession statute in the Commonwealth of Pennsylvania. However, many adult individuals will decide later in life to never get married for one reason or another.This is certainly a personal choice and preference, but if you are not legally married you will not have the ability to go into a hospital to make a decision for your partner or significant other. Without having a Healthcare Power of Attorney in place that appoints an agent your partner or significant other would have no ability or authority to make decisions for you. Instead, family members, who may or may not have been involved in your life, for years would be able to come in and make those decisions.Often times if there is a guardianship proceeding that has to occur (because you dont have a Power of Attorney or Health Care Directive in place), the Court will often defer to family members rather than individuals who are cohabitating with the alleged incapacitated individual. While this is certainly not set in stone, my experience personally is that the Court will defer to family and blood rather than a significant other relationship in appointing a guardian.It is certainly a persons choice to not get married and not to take the next step for one reason or the other, but we highly encourage those individuals to make sure that they have, at a minimum, in place a financial Power of Attorney and Health Care Directive and strongly suggest having a Last Will and Testament as well so that your wishes are known and can be carried out. This will at least save some heartache in the end.If you would like to learn more about avoiding estate complications, please give us a call at 717-844-9218.

This is a question that I receive on a regular basis in my estate planning and elder law practice. By way of full disclosure, I am not a licensed insurance agent and I am not licensed to be able to sell long-term care insurance or any other insurance product. I am an attorney with approximately 20 years of experience in estate planning and elder law and I happen to be a Certified Elder Law Attorney under the authorization of the Pennsylvania Supreme Court. While I am not the person who will sell the products, I am certainly an individual who has been advising numerous clients over the years and definitely believe in the benefits of a long-term care policy and what they can provide. We have done numerous other logs about long-term care insurance and the benefits of said policies.When long-term care insurance first gained popularity, many companies completely missed out on the actuarial tables and in predicting what people were going to need. Because of this drastic miscalculation, most of the companies that originally were in the markets for long-term care insurance are no longer there. The few standing companies that are left are trying to figure out ways to make up for the mistakes of the past. Because of that, they are often forced to increase premiums and decrease benefits. Although these companies do have to get permission from the insurance board, it is not a very difficult proposition, and in most cases, they will almost always be able to receive permission. The most difficult part is that individuals have been paying into a plan for a number of years and now are learning that theyre going to have to decrease their benefits and even then they may have to increase the premiums that they are paying. It is heart-wrenching to have to provide guidance in these situations and ultimately I always encourage them to bring in their financial professionals to try to make the decisions. This is as much about the numbers and common sense as it is about the emotion involved. This becomes very easy for us to get disgusted and upset about what is occurring, but it is a cold, harsh reality of the miscalculations that were made in the past. In some instances, increasing premiums and decreasing benefits is the only way some of these companies will survive.My best advice to any and all people who are faced with this dilemma is to write out the pros and cons and to try to make the evaluation and determination about numbers and as little as possible about the emotion of the situation. It is too easy to get hung up on the principle of the manner, but the truth is principles are expensive and cause wars. Make the best decision for you and your family based on the information that you have in front of you. Long-term care is not going away and dropping the policy out of spite is not going to help anyone.

Greetings, I trust this message finds you in good health and high spirits. In my years as an elder law and estate planning attorney here at Bellomo & Associates, Ive had the privilege of guiding families through the intricacies of planning for the future. Today, I want to share some insights on common estate planning mistakes, drawing from the experiences of those Ive had the honor of assisting. Its human nature to postpone tasks, especially those that involve contemplating the future. However, delaying your estate planning can have significant consequences. Whether youre an income-generating couple, a seasoned individual considering nursing home care, or a young family with dreams to protect, procrastination can rob you of the peace of mind that comes with a well-thought-out plan. No two families are the same, and neither should their estate plans be. Cookie-cutter approaches often neglect the nuances that make your situation unique. As your trusted advisor, I emphasize the importance of personalized solutions. Your plan should reflect your values, aspirations, and the legacy you wish to leave behind. Life is dynamic, and so are your circumstances. Marriage, births, career shifts, and even unexpected health challenges can reshape your priorities. Failing to update your estate plan accordingly can lead to unintended consequences. Regular reviews ensure that your plan remains a true reflection of your current life stage and desires. Discussing end-of-life matters can be uncomfortable, but its a crucial step in ensuring your wishes are understood and respected. Communicating openly with your loved ones about your estate plan can prevent misunderstandings and provide clarity during challenging times. In the age of online resources, its tempting to try a do-it-yourself approach to estate planning. However, the potential pitfalls of DIY plans can far outweigh the perceived cost savings. Professional guidance ensures that your plan complies with legal requirements and considers intricate details that may be overlooked. To those of you who resonate with these considerations, I extend an invitation to join us at our next estate planning workshop. Its not just an opportunity to learn about common mistakes but also a chance to connect with others who share similar concerns. Bring your questions, share your stories, and lets navigate the path to a secure future together. Remember, estate planning is not just a legal process; its a journey toward safeguarding what matters most to you. I look forward to meeting you and exploring the important next steps in creating a plan that reflects your unique legacy. To a future of informed decisions and lasting legacies, Jeff BellomoWe offer FREE WORKSHOPS every week! Click here to register! 

When engaging in estate planning for any parent whose child is not yet an adult, there is always one very important decision to make: who would be the guardian of their child(ren) if both parents pass away? Like many issues in estate planning, it is an almost unimaginable thought that such a tragedy could occur to a child. But if we did not plan for the worst when doing estate planning, it would not be providing your family the protection it deserves.If a child would ever lose both their parents before they are an adult, the state would have to appoint a person to be in charge of your childs best interest and who could legally act as the childs parent (for example to have authority to register the child for school or take the child to a doctor). This person is what is referred to as a guardian, and can only be appointed by a Judge after a very thorough vetting process and Court proceedings all centered on the standard of what is in the best interest of that child.A common misconception is that there is some automatic and informal process whereby, in the event of the death of both parents, the childs pre-determined relative x would automatically become the childs guardian. Again, this is simply incorrect as stated above, even if you list a preferred guardian in your Will. The only way that your child will have a guardian appointed is after they go through the guardianship process in Court. Nevertheless, it is not as though a Judge would ignore the wishes of the deceased parent. The wishes of the deceased parent would be overwhelmingly strong evidence to any Judge who was trying to decide what person would be best to care for this child going forward. For that reason, it is imperative for any parent to list their preferred choice of guardians in their Will in the event of their death.When I am working with estate planning clients and helping them consider who should be listed as their childs preferred guardian, things can get complicated quickly. It can be difficult for any couple to agree on who would be the appropriate guardian for their child, and it is something that most people try not to even imagine. Common examples of concern quickly become issues such as which set of grandparents should be listed first. Should we make both of our siblings act as co-guardians? Do we still feel comfortable with your father as guardian if your mother is no longer here, or vice versa?The best approach is to plan for the immediate. I always remind clients that they should only try to plan ahead for the next few years because they can always revise that choice in their Will as time goes by. Sometimes, there is an obvious choice of who would take care of toddlers; but maybe that same person would not be such a great choice with a teenager. Its also important to take into consideration a list of backup guardians. You can have as long of a succession line for your preferred guardian in your Will as you like to provide you with the most comfort possible. By taking these steps, and understanding that there is an entire judicial process set up to protect your children, you can enjoy peace of mind knowing you have done the most you can to protect your family.If we can be of any assistance or answer any questions while you make decisions about yourself and your family, please give us a call at 717-844-9639 or click the link here and we will contact you.

One of the most overlooked and underappreciated groups are caregivers. Whether the caregivers are professionals or family members trying to help informally, caregivers are the unsung heroes who rarely get credit for all that they are doing. Today, we challenge you to thank the caregivers in your life for their services!If you know a caregiver who has chosen caregiving as their profession, they are certainly underpaid and underappreciated on a regular basis. The last three years have been especially tough for them. Your words of gratitude and thanks will go far in encouraging weary paid caregivers. If you know a family member who is providing in-kind service as a loved ones caregiver, please take time to thank them for sacrificing their own priorities and time with their nuclear families to provide care for a loved one.At Bellomo & Associates, our team is honored to serve our community and work daily with these types of caregivers. Whether paid or volunteering, caregivers make our community strong and amazing. Thank you to every caregiver out there. Happy National Caregiver Day! Contact us at 717-844-9639.

A life care plan is a living, breathing, document that provides for you as you age. It is a tool that helps you plan for your future. In my opinion, it is never too early to have a Life Care Plan because it can always be changed and updated as time passes. Such plans are not a one-time, static document, but rather provide an opportunity to be shaped and changed as your health, life situation and circumstances change. We dont believe that waiting until you are in crisis and absolutely need a Life Care Plan is a good idea.Creating your Life Care Plan in a season of calm is best, so that your true wishes, desires, and goals can be incorporated into the plan. Lifes crisis moments and difficult seasons will come and go and it will be helpful to have your big picture goals and wishes fully outlined and clearly understood by your family, your Life Care Planning advocate and law firm team. Your team will work hard to ensure that your wishes and goals remain at the forefront of planning, even in those crisis seasons.Our Bellomo & Associates team members have become huge believers in the Life Care Planning model and what the program offers to our clients and their families. There is no question that these plans go beyond the legal technical documents that a lawyer creates for you and that is exactly the point! Our lives and our health are not about documents. Our best lives and stable health dont happen by accident, but rather through the process of creating goals and planning for our care and our familys needs. A Life Care Plan can mean the difference between living independently with assistance in your home versus somewhere that you dont want to live simply because you did not plan ahead. Its never too early, but its also never too late. Although we dont recommend the latter for the reasons mentioned above, late is better than never!If you would like to learn more about our Life Care Planning program and our Client Care Advocate, Meg Motter, LCSW please reach out to our office at (717) 844-9639 or visit our website for more information, including dates for upcoming Life Care Planning Workshops.

Medicaid is a government program that provides health coverage to individuals, and it is the leading payor of skilled nursing facility care in the United States due to the high cost of such care. Many people mistakenly believe that Medicaid is only for those with minimal resources, but an asset protection plan can help you protect your assets and still qualify for long-term Medicaid benefits.Asset protection planning uses exemptions that allow you to keep some of your assets. For example, in Pennsylvania, you are allowed to keep $45 of your income per month plus any amount you use to pay for health insurance; the rest of your income must be used to pay for your care. When applying for Medicaid, countable resources include assets such as real estate, cash, investment accounts, retirement accounts, life insurance with a face value greater than $1,500, vehicles, and any business interests. However, you can exempt the house you live in, one vehicle, and your spouse can retain their retirement accounts and anywhere between $29,724 and $148,620 of the joint assets, depending upon the total amount of your combined assets. Anything over this calculated amount of exemptions could be put into an asset protection trust and protected from skilled nursing facility costs.An asset protection plan will allow you to immediately protect a portion of your assets, in addition to the assets that are exempt from Medicaid, for significant immediate savings that begin the moment your plan is fully funded.An asset protection plan consists of an asset protection trust, in which you can control the assets, but cant have direct access to them. Giving up direct access to the assets in the trust keeps creditors and predators away. If you do need access to an asset in the trust, you always have the ability to make distributions to someone other than yourself.Asset protection plans not only protect your assets during life but also provide tremendous value for your loved ones when youre gone.Laws and statutes in the area of long-term care Medicaid are always changing, so its highly recommended to review your options with a local elder law/estate planning attorney. At Bellomo & Associates, we can help you learn more about asset protection plans and how they can benefit you and your family while protecting your legacy from the rapidly rising cost of long-term care. Dont wait lets get your estate plan in place!Are you ready to start protecting your assets and planning for long-term care? Contact Bellomo & Associates today to register for an educational workshop. We can help you create a customized asset protection plan and provide guidance on long-term care Medicaid eligibility and planning. Dont wait until its too latetake action now and secure your financial future.  

The question of how to properly revoke a Will necessitates careful consideration to ensure a seamless process. While the straightforward response is to shred both the original Will and all its copies, its crucial to bear in mind that the revocation should be accompanied by a replacement. Its unwise to assume that an outdated version of the document will remain accessible or that the original copy persists.My recommendation strongly leans toward promptly replacing the old Will with a new one and subsequently disposing of the original. Swiftly implementing the replacement will safeguard against potential complications. If you die without possessing the original Will to present to the Orphans Court, the Pennsylvania Intestate Law will come into play. This law essentially functions as the governments set of regulations dictating the distribution of your estate. While this blog post refrains from delving into the related intricacies, which we have covered extensively previously, it should serve to remind you of the existence of a governmental framework that will become involved, if necessary. In the absence of a valid Will, this framework gains authority, underscoring the necessity of having a well-structured Will in place at the time of your death. Upon confirming the preparation of a new Will to supplant the old one, you can confidently destroy the originals of the outdated document, secure in the knowledge that the new documents provisions will take precedence. We advise refraining from annotating documents with handwritten notes. It is advisable to preserve the new original that you intend to present to the Court in its pristine, unaltered state, mirroring its condition when initially drafted. This practice ensures the documents authenticity and reinforces its legitimacy in legal proceedings.  

It is important to understand that a trustee is a fiduciary and is held to a higher standard of duty. It is imperative as a beneficiary of a trust that you read every word of the trust and understand the circumstances under which the trustee is to distribute money to you as the beneficiary.If you do not understand the agreement, seek legal counsel so that youre sure you understand the terms under which the trustee should/may/can/must distribute money to the beneficiary. As you can see from all the different words that I used, every trustee has different discretions depending on the four corners of the trust document. There is no one size fits all, so it is imperative that you read and understand the terms of the document and what discretion the trustee has.Once you understand the document if you still feel as though youre not getting transparency from the trustee you can always request an accounting. If the trustee does not comply with the request for the accounting of the trust you can then file an action in the Orphans Court in your local county to force the trustee to provide you with a copy of the accounting to understand what money has been distributed from the trust and under what circumstances. If you have reviewed the accounting and are still not satisfied that the trustee is fulfilling his or her fiduciary duty, I would look to the trust document to determine if there is a trust protector.Many trusts nowadays will incorporate in them a trust protector who is often another law firm or professional fiduciary who can assist the beneficiaries. It would also be imperative to read every word of this section to understand what the trust protector can and cant do and also seek counsel if you still do not understand the specific terms of the documents.Because there are so many different styles and types of trusts it is virtually impossible to provide a specific direction to beneficiaries who feel that the trustee is not acting in their best interest, but the steps provided herein provide a starting point for the beneficiaries to feel that they have a voice and a say. In certain circumstances, the trustee may have sole and absolute discretion to do whatever he or she wishes, but even in those circumstances understanding what monies have been paid out and your rights under the document is very important.Please seek assistance from an attorney who specializes in trust and understands the ins and outs of trust documents in order to be able to provide advice on what you can and cant do within the terms of the trust.If you would like to learn more about trusts and how they can benefit your family, please give us a call at 717-844-9218.

We hope you enjoy this special blog by Meg Motter, Client Care Advocate for Bellomo and Associates:Jump for joy! Joy to the world! Enjoy.The word joy surrounds us, yet many struggle to find it. The daily grind and lifes burdens try to steal our joy, and noses buried in cell phones rob us of countless opportunities to bring joy to those passing by.My father loved to sprinkle joy on strangers. His Harbor Tunnel commute provided his favorite opportunities, as he cheerfully greeted tollbooth operators by name, determined to transform their day. So, I guess you are wondering why I called this meeting, he would bellow to break awkward elevator silences. He delighted in asking passersby, How many times did Mr. Opporknockity have to tune the piano, grinning as he revealed, Opporknockity only tunes once!I inherited the joy sprinkler gene, looking daily for opportunities to bring joy to those around me. What fun it is encouraging random folks to join me in singing Happy Birthday, often for a person not actually celebrating his birthday.Nothing beats a quarter left in the Aldi cart for the next shopper, the look of relief on a mamas face as I hold the door for their stroller, or my cheerful and sympathetic greeting to the not-so-patient hubby waiting for their bride to finish shopping.Research has proven that positive thinking, laughter and socialization improve ones physical and emotional well-being. Volunteerism, random acts of kindness and making a difference in the lives of others reaps double benefits, improving well-being for the giver and receiver.Try a warm hand-off delivery of your neighbors poorly aimed newspaper. Try encouraging the seemingly miserable store cashier. Try to strike up a conversation with the lonely person in the waiting room. Purpose yourself to be a joy sprinklertrust me, it will be a win for both of you!

This year, we are getting the word out there about the Life Care Planning we offer that involves a licensed social worker to act as the Client Care Advocate. A question that we keep getting is what is What is the difference between Life Care Planning and Elder Law and why did you make the change? The way that I explain it is that a traditional elder law firm prepares documents for an individual and then either waits until the client passes or until they need to go to a nursing home and will qualify them for public benefits.A life care planning firm is a more holistic approach to providing care. Our licensed social worker, Meg Motter, works with families to assist in figuring out ways to keep their loved ones home and how to receive care in a home or in a less restrictive environment than a nursing home. A licensed social worker will be able to provide different cognitive assessments and evaluate safety and necessity of levels of care, unlike an attorney. The elder care coordinator allows the firm to provide a more comprehensive approach, separate from just estate planning documents or qualification for Medicaid. The care coordinator allows the firm to provide information and advice that was not otherwise available to the firm prior to becoming a life care planning model firm.We are ecstatic to have Meg Motter onboard as our elder care coordinator and we look forward to assisting you and your family in the future.Please feel free to give us a call if you have any questions or comments at 717-845-5390.

An advance healthcare directive is a healthcare power of attorney and living will in a single document. The document will provide instruction on who will make the medical decisions for another individual but also what the principal wants in the event that they become the end of life or have an end-stage medical condition. Many people who come into our office tell us that their family knows what they want and that they can take care of it. I cannot stress or urge enough to not fall into this thought pattern. End-of-life decisions are very unique to each and every one of us. It is very easy to tell your family member what your wishes are but its very different for a family member to have to verbalize to a doctor to withdraw treatment and see their loved one pass within minutes. There is no more emotional decision that I have ever experienced in my practice and wish that stress and emotion on nobody.Oftentimes, people believe that there is a right or wrong answer to the question of whether you want heroic and lifesaving measures if there is no hope. There are so many things that go into this decision such as our personal lives and goals and beliefs as well as religion. I certainly do not believe that I have the right answer as to what everybody should do but I do know that whatever the individual wants is the right answer for that person, and therefore, that should be what is in writing and that should be what we follow. Families generally have no issues or fighting as long as they know exactly what the individual wanted and know that they are carrying out the wishes of that individual. The fighting and stress start to set in when it is not clear what the person wanted and family members start jockeying for position and who knew exactly what the individual wanted. Please take the stress out of end-of-life decisions for your family and not allow those decisions to be the center of debate and fights in a hospital. Take the time to put your wishes in writing in an advance healthcare directive so that everybody knows exactly what you want. This will save your family lots of heartaches but, most importantly, will give you peace of mind knowing that your wishes will be followed.If we can be of any assistance or answer any questions while you make decisions about long-term care, please give us a call at 717-844-9218.

There are three main types of legal ownership of property. The first, Tenancy by the Entireties is reserved for married couples. If the property is deeded in both husbands and wifes names, it is presumed that upon the death of a spouse, the surviving spouse retains ownership. The law assumes that married couples share the property; however, clarifying language such as husband and wife tenancy by the entireties is good practice.The second type, Tenants in Common is reserved for folks who wish to transfer their individual property interests under their will. In other words, each property owner is treated under the law as having interest in their name alone, such that upon death, their specific interest transfers under their will and in turn, goes through probate. A married couple can own property with another individual (person outside the marriage) in this type of deed.The third type of ownership is Rights of Survivorship. It is reserved for persons who want to be able to transfer the property to the other owner upon their death. For example, if siblings own a joint property and the brother wants his share to go to his sister upon his death (and vice-versa), the deed will specify, David Dole and Debbie Dole, siblings with rights of survivorship. Such verbiage signifies that the two parties are siblings, but also that each wants to transfer to the other upon their deaths. In a slightly different scenario, wherein siblings want to each own 50% interest and be able to transfer it to their own children (or elsewhere), the deed would specify, David Dole and Debbie Dole, siblings, as tenants in common. In this scenario, David gets to transfer his 50% to whomever he wishes, and Debbie gets to transfer her 50% to whomever she wishes. A caution herebe sure to secure legal counsel about the potential for future family disputes before choosing this option: What if, down the road, one party wants to sell and the other wants to keep the property? Candid dialogue with an attorney is key to identifying the best arrangements for your unique situation and mitigating the risk of future family turmoil.In summary, clear, specific language is paramount in crafting deeds. The goal is to ensure that if we were to fast-forward 30+ years and imagine a title surveyor reviewing the deed, we would be certain that the surveyor would fully understand the original intent of the document and know without a doubt exactly what transpired many years before.Please give us a call so you can attend our free workshop by registering here or call schedule 717-844-9639 and well set you up with a free consultation.

Are you planning to move out of state? Bellomo & Associates, an estate planning and elder law firm based in York and Lancaster, Pennsylvania, is here to assist you. Our services cover everything from basic estate planning documents to asset protection and more. One common question we often receive is about the validity of documents when moving to a new state. Generally, if your documents were valid in the state where they were created, they should also hold validity in your new state. However, its crucial to remember that a confused mind may lead to complications. In many cases, it makes sense to consider redoing your documents according to your new states rules and regulations. Each state has its own specific requirements for documents like Powers of Attorney. If your new state has stricter or different requirements, you may encounter difficulties in having institutions accept your documents. While you may eventually prevail, it could be a hassle and time-consuming process. Let me share an example we experienced in the Commonwealth of Pennsylvania. A client moved from Arizona with documents deemed valid in Arizona at the time of creation. Despite having an affidavit from an Arizona attorney, we faced considerable difficulties in Lancaster County when attempting to accept the Will for probate. To avoid potential confusion and refusals to accept your documents, we strongly recommend updating your documents if you have the capacity to do so after moving. Although this might not be the technical rule, its a safer option for you and your family. Take the necessary steps to ensure your documents comply with your new states regulations. To learn more about estate planning and how to protect your assets, we invite you to join our free educational workshop. Register now and secure your spot!

When it comes to filing an application for Medicaid, the process can be quite daunting.  Hiring a professional at Bellomo & Associates can relieve the pressure on everyone. To qualify for Medicaid, you must be determined both medically and financially qualified.  To be medically qualified, you must be assessed by the County Area Agency on Aging and the family or Nursing Home physician.  Becoming financially qualified is the tricky part.  For Community Based Services your monthly income cannot exceed the yearly income limit established by Pennsylvania. For skilled Nursing Home Care, your income needs to be below the Cost of Care for that facility.  In addition, you must provide statements for the previous five years for all accounts, verify all transactions over $500, and document all closed accounts. How can we help preserve excess assets if you sell the home or car, or even if you transferred or gifted assets?   This is done by a process that follows the rules for Medicaid qualification.  We will review the financials and determine what can be done to get Medicaid approval. A single person can have one house, one car, and up to $2,400*,  or possibly as much as $8,000* depending upon their income,  in all accounts.  If you have resources within those limits but have transferred assets for less than Fair Market Value or given a gift over $500, you will not qualify.  You are penalized and must pay privately during this period.  We can help determine the penalty period and establish how the payments to skilled nursing care will be paid. A married couple can have one house and one car, and assets are divided in half with the maximum protected at $130,380* for the Community Spouse, this is the Resource Allowance.  As of 2021, the Community Spouses retirement accounts are exempt from the Resource Allowance calculation.  If you file for Medicaid and have assets over the established Resource Allowance, you will be denied Medicaid and will need to spend the excess over that amount, then refile.  Most likely the excess will be paid to the Nursing Home or private care.  This is another time way Bellomo & Associates can help protect assets and assist in obtaining financial eligibility for Medicaid.Bellomo & Associates can potentially assist in qualifying a single person that has excess assets, has previously made gifts, and perhaps even leave a legacy for their beneficiaries. We can also protect the excess assets for the Community Spouse so that the Community Spouse can maintain the same lifestyle and the family legacy.  Requesting help from the team at Bellomo & Associates will ease the process and help preserve what you worked so hard to earn.  If you are interested in learning more about Medicaid crisis planning, please call our office at 717-844-9218.

No, we are not talking about the birds and the bees but rather talking about having a conversation with your parents about what their wishes are in regard to their long-term care living situation.  I find in my practice that oftentimes parents will think a lot about where theyre going to live as they age and what type of situation they would prefer to be in.  Unfortunately, many parents do not feel comfortable having the conversation with their children ahead of time for many reasons.  I also find that the opposite is equally true: the kids often wonder what will happen but dont feel that its right to bring it up and dont want to push mom and dad into having to discuss and make decisions about that determination.I cannot begin to tell you how important it is to discuss these situations early and often.  Both parties are hesitant, but it is better for everybody involved to know what Mom and Dad think and what their wishes and hopes are for their living situation at the end of the day.  To the extent that mom and dad want to remain home, there are plenty of things that can be done including modifications to the home or purchase of a new home to make that happen.  To the extent that they want to go to an assisted living community and live independently now or to a continuing care retirement community, there are many tours and interviews to take with mom and dad to see where they feel the most comfortable.  The options are plentiful and regardless of what mom and dad are hoping for, it is typically pretty straightforward in finding an option.  A friend of mine recently told me that she does not want to have the conversation because she is afraid that Mom and dad are expecting they will be able to move into her house with her and her family.  My response to her was wouldnt you rather know that now and have the conversation now with them rather than wait until they need assistance and cause not only them extra stress but you and your family extra stress?  She definitely came around after about a 25-minute conversation explaining that it wasnt about her and her family but rather about her parents wishes.  Just because they wanted to do that doesnt mean that it would work for her and her family nor does it mean that that is what has to happen, but having the conversation will at least open up the dialogue and allow her to express her concerns and reasons why she doesnt think that would happen or be able to work and look for another alternative.  Ultimately, she did have the conversation with her family, which is not what they were looking for or expecting, so it was nothing more than a miscommunication.  I urge adult children to have a conversation with their parents about aging and their wishes sooner rather than later. This conversation will avoid lots of heartache and misunderstanding later and allow for plenty of time to plan for the future. If you are interested in learning more about long-term care living, please call our office at 717-844-9218

Trusts are a major tool in estate planning.  Trusts can be used for disability planning, probate avoidance, asset protection, and/or tax planning.  Given the high thresholds for federal estate tax planning few individuals are concerned about tax planning.  In this article we want to focus primarily on grantor vs. non-grantor trusts.When we are educating on trusts and the use of trusts in estate planning, people often get a concept confused. There is a difference between a grantor trust and a non-grantor trust. Simply stated, the assets in a grantor trust remain in the grantors Social Security number and are reported on the grantors personal income tax return.  For a non-grantor trust a separate tax ID number will be obtained to hold the assets and you will file separate trust tax returns, this return is separate and apart from your personal income tax return. We will typically use grantor trusts for asset protection trusts and revocable living trusts.  However, we often use a non-grantor trust for VA purposes as well as for estates that have a federal estate tax concern. Currently, a person has a federal estate tax issue if their estate is greater than $12.06 million and for a married couple $24.12 million. It is very rare in our practice to use non-grantor trusts, which require separate tax ID numbers and pay at higher trust tax rates, because not a lot of veterans are doing planning where they have to or want to give up complete control of their assets, and not a lot of estates are big enough to need federal estate tax planning. In those situations where we use grantor trusts, we intentionally put language in the trust so that is included in the persons estate, as well as subject to income tax. We include this language because we want to get a step-up in basis at the death of the decedent, and we also want the parent or client to pay the income taxes, because generally retired clients have a lower income tax burden than their children who are still working. There are a lot of other factors that go into what type of trust should be used and under what circumstances, but this provides a basic understanding of the difference between grantor and non-grantor trusts. If you would like to learn more about these and other trust concepts, I invite you to come to one of our free in-house workshops to learn more. We would be more than happy to assist. Just call our office or go to our website to enroll in a workshop at a date and time which is convenient for you.

If I had a quarter for every time, I was asked this question I would have a lot of quarters for sure. Many LTC (long term care) companies made significant errors in their original underwriting of LTC policies. As a result, many companies are no longer in business. The ones that are in business have greatly changed their practices. However, the biggest issue that has come out of the miscalculation of LTC is that people who still have policies are losing their benefits and their premiums are going through the roof. The question now is what do we do?This is a question that I receive on a regular basis in my estate planning and elder law practice. By way of full disclosure, I am not a licensed insurance agent, and I am not licensed to be able to sell long-term care insurance or any other insurance product. I am an attorney with approximately 20 years of experience in estate planning and elder law and I happen to be a Certified Elder Law Attorney under authorization of the Pennsylvania Supreme Court. While I am not the person who will sell the products, I am certainly an individual who has been advising numerous clients over the years and believe in the benefits of a long-term care policy and what they can provide. We have done numerous other blogs about long-term care insurance and the benefits of said policies.When long-term care insurance first gained popularity, many companies completely missed out on the actuarial tables and in predicting what people were going to need. Because of this drastic miscalculation, most of the companies who originally were in the markets for long-term care insurance are no longer there. The few standing companies that are left are trying to figure out ways to make up for the mistakes of the past. Because of that, they are often forced to increase premiums and decrease benefits. Although these companies do have to get permission from the insurance board, it is not a very difficult proposition and, in most cases, they will almost always be able to receive permission. The most difficult part is that individuals have been paying into a plan for a number of years and now are learning that theyre going to have to decrease their benefits and even then, they may have to increase the premiums that they are paying. It is heart wrenching to have to provide guidance in these situations and ultimately, I always encourage them to bring in their financial professionals to try to make the decisions. It is as much about the numbers and the common sense as it is about the emotion involved. It is very easy for us to get disgusted and upset about what is occurring, but it is a cold, harsh reality of the miscalculations that were made in the past. In some instances, increasing premiums and decreasing benefits is the only way some of these companies will survive.My best advice to any and all people who are faced with this dilemma is to write out the pros and cons and to try to make the evaluation and determination about numbers and as little as possible about emotion of the situation. It is too easy to get hung up on the principle of the manner, but the truth is principals are expensive and cause wars. Make the best decision for you and your family based upon the information that you have in front of you. Long-term care is not going away and dropping the policy out of spite is not going to help anyone.If you are looking for advice in regards to estate planning, please call our office at 717-844-9639 or click the link here and we will contact you.

We often make recommendations to local handymen to be able to make changes or adaptations to the home, and we certainly have numerous referral sources for medical and non-medical care in York, Lancaster, and surrounding areas. We are very lucky to have as many wonderful resources as we do, and we certainly like to take advantage of each and every one of them to allow people to remain in their homes.One thing that has definitely become more of the norm recently is people moving into independent living communities such as 55-plus communities or personal care and assisted living facilities that have independent care options as well as continuing care communities.One thing that we often hear from our clients after they move is that they wish they wouldve moved much sooner. We often hear them explain that they believe that they wanted to remain home at all costs because they believed that that was the right thing for them but once they moved into a community, they realized the social aspects of living with others and being able to participate in community activities, bus trips, and other engaging and meaningful opportunities. I have honestly never had a client come into my office who moved and said I shouldnt have done that. Typically it is I wish I wouldve done it sooner so that I couldve enjoyed those opportunities much more.My advice to clients is that they should start looking at the options and opportunities while they are healthy and could enjoy them. Start taking tours and talking to people who live in the communities to learn about the socialization opportunities that they offer.We believe in educating early and often so that people know what options are available and hope that this article sheds some light on the opportunities and possibilities that a community can offer you. Not only will there be caregivers and the ability to grow and to age in place, but also socialization aspects can oftentimes make people live longer and have them live a happy, healthy life towards the end.Both remaining at home and moving into a community offer different opportunities and fulfill different needs. We encourage you to explore both options and to have an open mind about the possibilities of how both can provide you with opportunities and maybe your first reaction wont be how you feel later in life. If you would like to learn more about estate planning and elder law and how you can help your loved one's age in place or have them move to a community, please give our office a call at 717-844-9218.

The fate of your digital assets is a query that has rapidly gained traction over the past few years and is poised to surge even further as we journey into the future. The realm of digital assets and estates, once an obscure concept, has now become a staple of modern existence. It is paramount that the Power of Attorney you employ meticulously outlines the powers bestowed upon the agent, encompassing provisions for digital assets. Furthermore, these provisions must seamlessly integrate into your Last Will and Testament, guaranteeing that explicit directives concerning your digital assets are established. This strategic approach empowers the executor with the authority to execute your desires. In the realm of estate planning, as with all matters, precision yields the best results. Presently, while its not commonplace for individuals to expressly address the management of digital assets, this is expected to evolve into the standard practice in the foreseeable future. As of now, its imperative to ensure that your legal documentation incorporates provisions that account for these assets. Additionally, one must consciously recognize these assets as integral components of the estate, and deliberate on whether they should follow the conventional trajectory to residuary beneficiaries or be assigned a distinct path.Indeed, your digital estate is a facet that warrants consideration, necessitating its inclusion in all documentation pertaining to estate planning. This proactive approach ensures that the digital realm, which has seamlessly woven itself into our lives, is seamlessly interwoven into the fabric of your comprehensive estate strategy.

It is very rare for us to assist a family with their estate planning we are not asked by the parents whether or not they should talk to their adult children about their estate planning and about the inheritance.  For years, I always recommended to clients that they have the conversation up front early and often with their kids.  I always believe in full transparency and no surprises.  Particularly in a situation where you may be providing for charities or other outside individuals, or maybe are not providing for your children equally.  I would always recommend to the parents that they try to let the children know that they plan to have the conversation and when.  Giving the children a chance to come to grips with the fact the mom and dad are going to be talking to them about death and potentially the future.  I always recommend that they do it around the period when there is not a lot going on in the childrens lives such as buying a new home, having a new child, or some major life event.For years I would hear from clients who were so glad that they did have the talk with their kids and maybe even had several conversations.  Although kids are typically skittish about talking about death, once you have the conversation theyre grateful to have an insight into your thoughts, ideas, and where you are headed.  I rarely found children who didnt want to carry out the wishes that Mom and Dad intended.  Typically, the problem that we run into is if mom and dad did not tell the children clearly about what they intended the children end up fighting over the intent of the parent.  Having the conversation ahead of time typically eliminates the issue of fighting about intent later. I recently had several clients come back to me and tell me that the conversation did not go well and that the children and their relationship changed because of it.  I tried in several of the conversations to dig a little deeper to figure out exactly what happened and where things went wrong, but unfortunately, I was unable to get enough detailed information to ascertain where the issue arose, what the issue was actually all about, and why it has changed the relationship. Due to the fact that I was unable to truly dig to find out what happened in the context of the conversation, I am hesitant to still not recommend having an open and honest conversation. My one client specifically said that he wished he would not have had the conversation ahead of time and it wouldve been better just to allow the documents to speak for themselves and allow him to die. I understand where he is coming from, especially since he believes that having the conversation changed the relationship.I still believe that it is better to know that up front, and to be open and honest and know where you stand. The bottom line is that it is your estate planning, and you do not need permission from anybody, including your children, about doing it. Having the talk with them is more to make their lives easier after you are gone, and honestly is about them and assisting them moving forward, and also making mom and dad feel good. I do feel bad that a couple of the conversations didnt go as planned, but maybe it opened up other issues that were there anyway, that were going to come up, and maybe now better than later. We wish you nothing but the best in having a conversation with your kids about the inheritance and your estate planning. It is always a good idea to have your attorney have the conversation with them as well as to have a third party provide the information. We often have this conversation at no additional charge for our clients to help guide the conversation.Please contact our office if you would like to discuss your estate planning or have us assist you in discussing these issues with your children.  For any questions or help having this difficult conversation with your family, contact us at 717-208-4546.  

There is definitely a false belief that estate planning and elder law are only for individuals who are elderly and who have amassed a ton of wealth.  Certainly, individuals in that category absolutely need to plan, but that does not mean that younger individuals should not also put a plan in place ahead of time.When an individual reaches the age of majority, which is 18 in the Commonwealth of Pennsylvania, they are presumed to be able to make decisions for themselves and not need the assistance of anyone at that point.  Oftentimes, young adults don't realize that once they turn 18, getting a financial power of attorney, medical power of attorney, and Last Will and Testament can be absolutely necessary.Many of our clients are college students, going away without mom or dad for the first time, and somewhere within the first couple of years, they either end up at the hospital or they end up asking mom and dad to call the school to ask questions about billing or something else.  To their surprise, their parents are no longer able to just make decisions because they are over 18 and are expected to be adults.We recommend that all college students going off to school enter into a power of attorney providing the authority for the parents to be able to make their healthcare and financial decisions if need be.  If nothing else, allowing the parents to be able to call the school or other institutions and ask questions.  This is often overlooked by many parents and can cause a lot of heartbreak and stress if their child is injured or in need of assistance.Although most college students and young individuals have not amassed a ton of wealth, having the document in place specifying who is going to receive the assets and who will be the individual responsible for carrying out those wishes (executor) can often save lots of heartbreak.  Yes, it is true that the Commonwealth of Pennsylvania has a statute called intestate succession which does provide what would happen to assets if an individual dies, but oftentimes it is not what a person would want.The intestate succession rules are archaic and old and do not necessarily follow the wishes of a current situation.  For example, we recently had a problem where the parents who are estranged had to administer the estate of their daughter who passed away.  The emotional toll that it took on the parents and the family for them having to put up with each other was undoubtedly probably not what the daughter wanted and had she had her wishes in place it would have eliminated not only the heartache of losing a child but them having to fight and remind each other every day of why they were divorced in the first place.We also recommend that young adults have documents that are properly put in place (so that others can get access to digital assets).  Digital assets often include photos and videos, electronic media, stored data, apps, etc.  Young adults are typically ones who have proportionately more of these than others, and if the power of attorney or the Last Will and Testament does not provide for that, it can cause lots of time delays and issues.Hopefully, this article was able to express the need for individuals to have planning in place, particularly young adults who often don't think that it is necessary. If you would like further information or would like to learn more about the content in this blog, please contact our office at (717) 845-5390

As estate planning and elder law attorneys, we receive this question all of the time. As a general rule of thumb, the answer is no, you are not liable for the debts of another individual. However, there are some exceptions to that general rule, which is why it is essential to seek professional advice when a loved one passes, especially a spouse who had debt in his or her name alone.For example, there are a few situations where a spouse would be liable for the debt of a spouse, and they are a few of the following:1.  If a spouse co-signs on a loan for a spouse, then they also own the debt.2.  If a spouse is a joint account holder of a credit card with their spouse, then they are also liable for the credit card as a joint owner.3.  If a spouse has jointly owned property, and that property has a liability, then the joint owner would as well.These exceptions are obviously pretty clear, which all point to the situation where the spouse is either an owner or co-signed for the debt one way or another.However, in the State of Pennsylvania, there is a doctrine called The Doctrine of Necessities. Essentially, it provides that a spouse is liable to provide for the necessities of their spouse. While this is certainly not a doctrine that is used all the time, it is possible that a spouse could be held liable for their spouses debt that was incurred prior to death if it is deemed to be a necessity and is deemed that the spouse has a duty to support the other spouse.Although this is rare, it is definitely something not to overlook and, again, is why we recommended that you seek legal counsel when a spouse passes away to make sure that everything is taken care of properly and that you dont assume any personal liability for any inadvertent omissions.Please, if you have any questions or concerns about your financial future should your spouse die, contact us at (717) 844-9218 or fill in our contact us form and well get back to you.

It is very easy with everything that is going on in our country and our world right now, to be concerned about the pandemic and start to think about your own mortality and planning. While we recommend planning at all times to always be prepared ahead of time, this certainly provides a reminder for us to stop and take a look at our current situation to make sure that we have at least our basics in place.  Powers of AttorneyEach person should have a financial power of attorney that authorizes another individual to make financial decisions on their behalf in case they cannot.  They could be unable to because of an illness or an incapacitation or simply just not in town, or maybe they are traveling out of the country. We cannot stress the importance of having a financial power of attorney in place to avoid the necessity for guardianship.  We have discussed in detail in other blogs and articles about powers of attorney and guardianships, and we would encourage you to please take a further look at those, and why it would become important to have a financial power of attorney in place.A medical power of attorney is an essential document that authorizes another individual to make medical decisions on your behalf if you are not capable or able to make those medical decisions for yourself.  Although there is a healthcare statute in the state of Pennsylvania that will name the next of kin to be able to make those healthcare decisions in case you cannot, we stress the importance enough of having this document in place to ensure that the people that you want making those decisions can make them without unintended people being named as well. When you reach the end-of-life stage it's also important that you have in place a living will.  If the living will is coupled in one single document with a medical power of attorney, that is also considered an advanced healthcare directive.  We recommend having these documents in place to ease the burden on your family.  This will save them from having to make those end-of-life decisions if two qualified physicians put in writing that there is no realistic hope of recovery that you will always remain end-stage medical or vegetative, comatose, permanently unconscious, or terminally ill. There is certainly a lot that goes into the medical definition, but plainly stated, it is imperative to decide for yourself how you would like those decisions to be made rather than to put the burden on a loved one to feel like they have to play God or pull the plug on their family member.  Review  Your Current Documents, Including Beneficiaries, to Ensure They Meet Your Needs and Desires  We encourage anyone who has planning in place to not assume that it is up to date or that it is what their current wishes are, things change over time.  It is also important to review all of your beneficiary designations on accounts, such as life insurance policies, annuities, retirement accounts, etc.  Often, the most overlooked item is reviewing the beneficiary designations of an account, and it is probably the most critical thing that can screw up an estate plan. Please make it a priority to review your documents to make sure they accurately reflect your wishes.  If you have questions or need to make some changes we would be more than happy to see you at one of our workshops to discuss the different documents and how they can assist you and your family.  We certainly understand if there is any anxiety or stress that you are experiencing but encourage you to be prepared no matter what, which will give you a sense of comfort and security.  If you would like further information about this topic or to learn more about our firm, please visit us at www.bellomoassociates.com or call the office at 717-845-5390.  

In our tranquil corners of the world, where generations build legacies, we often find ourselves at a crossroads one that leads to choices that impact not just our finances but our familys future. Today, lets journey together and explore the age-old question: Wills vs. Trusts. Which path is right for you?The Legacy of Love and SecurityFor many, this journey begins with the dawn of financial stability. As your hard-earned assets grow, so does the desire to protect and secure them. Its not just about the numbers; its a promise of love, devotion, and the legacy you intend to leave behind.A well-crafted will is like a love letter to your family. It ensures that your assets are distributed according to your wishes, providing your loved ones with the financial security they deserve. It offers peace of mind, knowing that your legacy is well-guarded.Yet, here in York, we understand that privacy and efficiency matter, too. This is where trusts come into the picture. A revocable living trust, for example, offers the privilege of sidestepping the often lengthy and public probate process. With a trust, your assets are distributed privately, sparing your loved ones from unnecessary stress and public scrutiny.Embracing the Golden Years with GraceNow, lets consider the beautiful chapter of our lives when we move gracefully into our golden years. For many seniors, the prospect of skilled nursing facility care can be daunting, both emotionally and financially. Its a time when you want to ensure that your lifetime of hard work doesnt disappear in the blink of an eye.Wills and trusts play pivotal roles in Medicaid planning. But when it comes to securing your legacy while obtaining Medicaid benefits, trusts, particularly irrevocable trusts, can be life changing. These trusts enable you to preserve a legacy for your heirs, all while qualifying for Medicaid Assistance. This decision is more than just financial; its about preserving dignity and providing your loved ones with the peace and security they need during this chapter of life.Building a Strong Foundation for the FutureAnd for our young families, life is a whirlwind of dreams and aspirations. Amid all this, you must ensure your childrens future is secure. Your primary concern is their well-being, their dreams, and their security.Wills are the fundamental pillars of estate planning. They allow you to name guardians for your children, should the unthinkable happen. Its a promise that their future will be safeguarded.But, for those who seek to go above and beyond, revocable living trusts can provide an additional layer of protection. These trusts help you manage your assets efficiently, ensuring a seamless transition for your children if something were to happen to you. Its about laying a foundation for their future, one built on love, security, and opportunity.The Choice is PersonalThe choice between wills and trusts is deeply personal. It depends on your unique circumstances, your familys needs, and your dreams for the future. No matter where you are on your lifes journey, were here to guide you, to connect your hearts desires with the path you choose.This isnt just about assets; its about your legacy of love, security, and dreams fulfilled. Were here to help you make the right choice for your family, and together, we can build a legacy that will stand the test of time.  

I have never had a client tell me that they want to go to a nursing home. Almost daily in my practice I hear that my clients want to remain in their home as long as possible. Unfortunately, some clients do not want to bring outside caregivers into the home for a myriad of reasons. The old days of the children taking care of the parents needs to make a comeback. Caring for parents to keep them home is extremely rewarding for both the child and the parent.Being a family caregiver is one of the most rewarding, amazing experiences that children can provide to their loved ones. I have heard time and time again from children who are able to provide caregiving how rewarding it is, particularly in cases when it keeps their loved ones out of a nursing home.For a number of reasons, children who provide caregiving should enter into a written caregiver agreement with their parents.First, it is the best way to ensure that there are not mis-expectations and hurt feelings later.Second, if done properly, it will actually provide, for both VA purposes Medicaid purposes, a legitimate spend-down of resources which would otherwise go to the government, and the monies paid will not be considered a gift. Therefore, no penalty will be assessed for the money paid to the child.The one thing to remember is for the child caregiver monies that are received will be income taxable to the child; it is very important that the child claim those monies as income on their tax return so that it clearly shows that it was not intended to be a gift.However, family caregiving is certainly not without its downsides to caregivers. In most cases the caregivers could make more money if they stayed in the workforce and did not leave to provide care. In a situation where they are trying to continue to work and provide care, the increased stress added to the caregivers can be detrimental their physical and/or emotional health.There are often cases where family dynamics become an issue, either because one child is doing the caregiving and that child feels like theyre being taken advantage of, or others feel as though that child is taking advantage of Mom and Dad because they are getting paid.Either way, a lot of times it provides an additional stress to family members that they werent expecting. There are times where a caregiver will be out-of-pocket as well for certain costs, and getting reimbursed may surely be an allowable thing under the law, but having other children understand why money is being distributed to one child versus them is often not an easy conversation.There is no doubt that for those people who are able to provide care to their loved ones, care in the home it is a wonderful gift. However, I highly recommend that everything be put in writing for all of the reasons stated above, but mostly so that there are no missed expectations among the people receiving the care, the people providing the care, and the other family members.To those who have been able to keep their family members home, thank you for everything, all that you do is appreciated. To those who are considering it, give it a try. It could be the best decision you have ever made.

Over my career as an estate planning and elder law attorney, I swear I have seen just about everything.  I cannot remember a fact pattern that surprised me or took me aback.  I am honestly at the point now where I think that dysfunctional is the norm for the common family that we assist.  Im not sure if its because we specialize in estate planning and elder law and we get referrals and cases that are more complex and more advanced than others, or if that is just the norm these days.  My gut says it is probably the latter. I did some research to define the word dysfunctional, and there is no clear-cut definition.  But my gut would say that dysfunctional would include families such as second marriages with kids to different relationships, as well as addictions or spendthrift issues, or just family dynamics in in-tact families where people do not care for each other.  Again, I think this is probably the norm more than any exception.  It is imperative that families are open and honest with their attorney so that the attorney can put a plan in place that addresses what they need for their specific situation.  Dysfunction does not present as the same fact pattern in any two cases, and therefore an experienced estate planning attorney is needed to be able to dot the Is and cross the Ts.  Be very wary of the do-it-yourself sites or general practice attorneys who dont specialize in this area if there is a complex fact pattern for you and your family. We love assisting any and all families and certainly love putting the fun in dysfunctional. We look forward to providing an estate plan that is unique for you and your family, whether you are dysfunctional or as functional as anyone else. Please feel free to give us a call if you have any questions or comments at 717-845-5390.

A week probably does not go by in my estate planning and elder law practice that I do not hear this question. We spend a lot of time in our weekly workshops in our office answering this question and also much of our time during our free consultations also discussing this in detail. I believe that the major reason why people make this their primary question is because of a lot of information that is out in the mainstream, the media, from national companies or national spokespeople who often urge people to avoid probate at all costs.I was very fortunate several years ago that I was able to travel the country training and teaching lawyers all over the country. It was an extremely enjoyable experience and I learned and grew tremendously from it. One of the main things that hit me during my time educating and teaching is that each and every state in the country has very different rules.Most attorneys are only licensed in one state and typically do not get licensed in multiple states because of the exams and costs that are associated with it. It became very clear to me over the years that each state is very different in regard to its probate rules as well as how difficult probate is.Many of the national trust companies and national spokespeople live and come out of states where the probate process is very burdensome, overwhelming, arduous, confusing, expensive, and time prohibitive. In those states, it makes a lot of sense to take steps in order to be able to avoid probate so that their clients do not have to go through those processes and spend the time and cost involved with it.Several very good business individuals understood what a valuable opportunity it could be for them to be a spokesperson or to advertise living trusts and other opportunities to avoid probate. Rather than take the time to research each states rules, they make blanket statements and characterizations that seem to apply to every state but in reality do not.Yes. There are certainly ways to avoid probate, and if the situation is correct, we will often make recommendations to do things such as creating a trust or having access jointly owned with another individual, or using beneficiary designations on accounts. In our workshops, we spend a lot of time talking about these and many other opportunities to avoid probate and how to take advantage of them.My concern is that without proper advice and guidance, oftentimes these tricks and solutions often arent necessary and can be overkill.If you are interested or believe that you are interested in avoiding probate for the sake of avoiding probate, please come to one of our upcoming workshops to learn not only about probate but also about the options that we would use to avoid probate and the pros and cons of those.It is imperative that people be provided good advice in regard to this and any implications and complications that could come from decisions that are made. Remember, in Pennsylvania avoiding probate does not equate to avoiding inheritance tax.If you would like to learn more, please give our office a call at 717-844-9218.

Powers of attorney are often drafted differently by different professionals. In our office, we draft our powers of attorney to be effective immediately so that the principal is authorizing the power to be used by their agent now. However, we do not have the agent sign the acknowledgment pages, acknowledging that they are going to act in the best interest of the principal and not steal from the principal and not comingle assets of the principal, and only have them do that at the time when they need to act.At Bellomo & Associates, we have a document signed by the principal, telling our firm only to give out the originals and to only have the agent sign the acknowledgment when and if the agent actually needs to use them, which would only occur if the principal instructs our firm to give the documents to the agent, or the principal is incapacitated. Yes, we do potentially take on liability because it is up to us to ensure that the agent has not received the documents before they are supposed to, but this is the mechanism that protects the principle that the agent will not have the documents prior to when they actually need them.Over 20 years of practice I have found that agents always want to do the right thing for the principal and always want to be there for the person that they are acting for. In the cases that I have found that an agent has taken advantage of their power, it almost is always a situation of the agent becoming desperate for one reason or another, and I have always said Desperate people do desperate things. It is mainly for this reason that we keep the originals of the documents protected in our office so that the agents do not have them to be subjected to the whims of a desperate situation.In the event that the agents need or want to use the documents, they will have to sign the acknowledgment pagers prior to using the document. We often receive calls from agents wanting to know why they did not sign the acknowledgments yet, and our answer is that you do not need to act on behalf of the principal yet because he or she is still able and willing to do it themselves.While there is certainly no perfect answer to the best way to handle this situation, we believe that our solution provides the most effective way to get the document in place, but in such a way that its still protected as much as possible until it needs to be used.It is important that you receive advice from a professional about the best way for you and your family to execute a power of attorney and whether or not the agent should sign the acknowledgments now or only when and if they need to use them.If you are looking for advice in regard to powers of attorney, please call our office at 717-844-9639 or click the link here and we will contact you.

We get asked all the time by people about whether or not an estate planning online document would be good enough. The bottom line with the do-it-yourself options and the online options is that they are not state-specific.Each and every state in the country has its own nuances and its own unique rules, and many of the generic form databases and/or online functions do not meet the nuances of each state. I have actually seen, in several cases, where they advertise that they do, and even the paperwork that the client receives says that it does, but in reality, it simply does not.The other major issue that I have with online estate planning tools is that it is junk in and junk out. What I mean by that is they are going to ask you questions that you have to answer that will determine how the document will be drafted. If you do not know the answer or know the implications of the answer that you are giving, there is no way that you can know whether that document will work at the time that you need it to.I also worry about the unknown and about implications and situations that are currently not a concern but become so in the future. Most of the online or do-it-yourself forms are very short, very simplistic, and very basic.The problem with that is what happens if a beneficiary is receiving public benefits at the time of your death? What happens if an individual receives money outright and is in a horrific car accident and kills 10 people? There are so many variables that change estate planning that are just not accounted for in the do-it-yourself or online programs.One rebuttal that I often hear is that they do not have enough money to worry about those situations or those minor exceptions. I certainly appreciate that and respect that, but I think in some cases, that is a very easy cop-out and is a very short-sighted answer. It does not take a lot of money to have an unforeseen incident occur to lose it and to be extremely hurt and disappointed over the consequence of that action.For example, a client recently went the online program route and had planning done, but unfortunately had a stroke and needed to go into a nursing home. The person lost all of their assets because the planning was not done correctly, and the family is very regretful that they made that decision.The gentleman made a very conscious decision, that he saved a couple hundred dollars and did his documents online because he did not feel that he had enough to warrant our services and our expertise. To the individual, a couple hundred thousand dollars was not a lot of money and he could not justify the expense of using our firm versus the cost of the online program. Unfortunately, the gentleman lost several hundred thousand dollars to the nursing home simply because he used an online form that did not provide for the advanced planning that would be needed. This is a very common occurrence, where people cant seem to justify the investment and have planning done appropriately because in their eyes the amount of money that they have doesnt justify the excess expense.This is a very glaring example of how he did save a couple of hundred dollars, but in return, he lost a couple hundred thousand dollars of his hard-earned money, that could have gone to his family. The children and I have had several conversations about it and one of them even was encouraging him to hire our firm to get the work done properly. The son just could not understand why dad went with the cheap option online after he was warned, numerous times, by me and others.It is very sad these days that online companies and attorneys who do not specialize in an area are able to market that they are a one-stop shop and do everything. When in reality, they dont and their documents dont provide for the same things. Beware of saving a couple of dollars or a couple hundred dollars when the risks to you and your family are much greater than that. Go to a specialist who understands estate planning, elder law, and asset protection can give good advice, and can provide personal assistance and not just a form document that gets spit out of a computer.If you would like to learn more about this, please contact our office at 717-208-4546.

In the mid-90s, my grandpa Bellomo was diagnosed with Alzheimers Disease, and I remember watching him progress through the stages of this disease and thinking how horrible it was and that he was no longer my grandfather. I remember being very optimistic that there would be a cure for this disease in the very near future. Here we are in 2022 and there are no cures to this difficult disease. In my practice as an estate planning and elder law attorney, we have answers to just about every question and solutions to just about every problem. The one constant difficult issue that arises on a regular basis is a client who is diagnosed with Alzheimers Disease and how to provide the care that they need to keep them safe as long as possible. Certainly, keeping somebody at home is a much better option than taking them out of their environment into another situation but as this disease progresses, the individuals will often get combative and violent and oftentimes cannot remain in the home. There are several wonderful care options at assisted living facilities that are called memory units. Unfortunately, these are private pay situations with no ability for government funds to help assist or pay for this type of living. Oftentimes, memory care units can cost somewhere between $7,000 and $9,000 a month which often becomes cost prohibitive. In many cases, the individual ends up being placed in a nursing home not because a nursing home is the right place for the client, but rather because there are ways to have the government assist with the funding of the approximate $12,000 to $13,000 a month of care. Whether or not this is the best place for the individual is certainly debatable but for some families it is simply not an option. Alzheimers is a very difficult disease and our hats off to all caregivers out there who are assisting to the best of their ability. Please feel free to give us a call if you have any questions or comments at 717-845-5390.