Medicaid is a federal and state program which helps many Americans cover their healthcare costs. With the rising expenses of nursing homes and other personal care services, more and more elderly people are relying on Medicaid.   Specific laws govern who may qualify for Medicaid.  Each state sets how much financial money and assets are allowed.  The amounts differ if a person is single or married. Because there are Read More

Powers of Attorney are a useful tool for people of all ages, but especially for those who are growing older and beginning to anticipate and plan for eventual medical needs. At Tucker Legal Services, LLC, we receive questions about Powers of Attorney and the role they play in elder law. Today, we’re answering some of the questions we hear frequently about their special importance in elder law. What is a Financial Read More

Too often, people make the mistake of failing to have an estate plan. So many people tell themselves, “Oh, I’ll get around to it eventually,” not considering the fact that unexpected tragedies could strike at any time. However, another major estate planning mistake comes in a close second place: Having an existing estate plan, but failing to update it. It is advisable to review your estate plan every year and update Read More

Trusts are an essential part of an estate plan because they can protect your assets from estate taxes, probate costs, creditor claims, and beneficiaries who may not manage their inheritance wisely.  There are two primary types of trusts - revocable and irrevocable.  For a revocable living trust, you maintain legal ownership and control of all assets. With an irrevocable trust, ownership of all property is Read More

When most people think about estate planning, they consider their physical assets—their home, antiques, valuable jewelry, stocks, and cash. Today, a recent type of personal property is expanding and creating valuable assets for older baby boomers and for Millennials and Generation Z.  The new type of property is called digital assets. Defining Digital Assets If an asset is online and you own it or own access to it, Read More

If you recently experienced a death in the family, it is important to understand probate’s legal proceedings. Probate is a court process ensuring the payments of debts, asset collection, and asset distributions to heirs or beneficiaries upon a loved one’s death.  An estate is submitted to probate when a person dies with a will and dies intestate, without a will. If a will exists, it must be filed with the Probate Read More

When you have a child or another family member with special needs, you have to take extra care while planning your estate. Although estate planning should always be a personalized process, it’s especially important when the loved one you’re providing for relies on access to state services or government benefits. Main Goals of a Special Needs Trust A special needs trust accomplishes several goals. First, it ensures Read More

As a parent, it is difficult to think of someone who can raise our children in our place. Yet, planning for guardianship of a child is one of the most important decisions a parent can make. If a parent does not have a parent guardianship plan in place, the State has a plan. MO Statute 475.045.1 provides the governing law for appointment of guardianship of a minor: 1. Except in cases where they fail or refuse to give Read More