New Albany Asset Protection Lawyer
我们计划与朋友聚会,计划外出度假, 但随着年龄的增长,我们中的许多人都推迟了自己的护理计划. Such an important issue may seem like an overwhelming prospect, but it doesn’t have to be.
Consulting with an experienced New Albany elder law attorney 能帮助你组织起来,确定你的目标,并为未来做准备吗. Whether you are years away from needing long-term care or already have a loved one in a nursing facility, there are tactics and tools that can be implemented to help protect assets from the high costs of such care.
Why Choose Us?
Our New Albany asset protection lawyers at Church, Langdon, Lopp, Banet Law have guided many people through the estate planning process efficiently and effectively. When you’re ready to discuss developing such a strategy for you and your family, we are here for you.
We understand the sensitive nature of these topics and are committed to providing each of our clients with personal attention. 虽然资产规划可能不容易谈论, we encourage you to speak candidly about your wishes so that together we can map out the best route possible for taking control of future healthcare challenges.
我们希望成为您信任的顾问,为您找到解决方案. 我们致力于帮助您快速和负担得起的尽可能. 我们将代表您,并确保您的愿望得到贯彻.
To discuss your situation and options, 请致电(812)725-8224或填写我们的在线表格与我们的办公室bet9九州体育登录线路.
我们的新奥尔巴尼资产保护律师如何提供帮助
We can help provide asset protection strategies. There are some gray areas when it comes to asset protection laws within each state. 努力帮助客户在法律范围内工作, 各种各样的资产保护策略已经投入使用. 我们帮助您确定哪种策略最适合您的情况.
To determine the best strategy, we consider your financial situation, as it has a direct impact on your assets. When going through your finances, we review which properties can be protected, transferred, and subjected to a lawsuit. This is why it’s critical to be honest about the entire situation and any litigation that could come about in the future. If we don’t have the proper knowledge of your current and potential future situations, 我们的资产保护律师无法实施正确的保护策略.
A New Albany asset protection attorney may use a few strategies when working with you to determine which strategy is most effective.
Limited Liability Companies
An asset protection lawyer might recommend, if you are a business owner, 成立有限责任公司(LLC). Creating an LLC can protect personal assets from lawsuits or creditors who may attempt to take advantage of your business. There are some limitations when creating an LLC because it creates a separate identity for the business and its owners.
However, you are still liable for any debts that may occur from your company including bankruptcy. 好消息是这些债务不会影响你的个人账户或家庭住房. If someone files a claim against your business, all your personal assets are protected.
Liability Insurance
An asset protection attorney might recommend using liability insurance as a line of defense. 这个保险保护买方免于诉讼责任. 如果这不是你已经有的东西,我们绝对会推荐它. 责任保险是一种可以用于家庭和企业的策略.
Retirement Account Contributions
Another strategy a New Albany asset protection lawyer may recommend is to maximize the contributions you make to retirement accounts, pension plans, etc. 这是一个保护你的资产免受潜在诉讼和债权人侵害的聪明方法. When you deposit money into these accounts, it is not subjected to lawsuits or court judgments under federal Employee Retirement Income Security Act (ERISA) laws.
Long-Term Care Costs
长期护理的费用取决于包括地点在内的各种变量, provider used, and type and duration of care needed. For example, some nursing facilities have all-inclusive fees, 而另一些人则对超出基本设施的bet9九州体育登录收取额外费用. 一般来说,晚上出诊的健康助理费用更高, on the weekend, and on holidays.
According to the American Council on Aging,以下是你在印第安纳州全州范围内可能需要支付的费用:
- 每天235美元,或每年85,775美元,在养老院住一个半私人房间
- 每天279美元,或每年101835美元,在养老院住一个私人房间
- 每月3,693元,入住辅助生活设施(一居室单位)
- $20 per hour for a home health aide
- $19 per hour for homemaker services
- 成人日间保健中心bet9九州体育登录费用为每天80美元.
肯塔基州的长期护理费用估计为:
- 每天241美元或每年87,965美元在养老院的半私人房间
- 每天265美元或每年95,265美元的私人房间在养老院.
Why Informed Decisions Matter
无论你的年龄或你住在哪个州, you can benefit from making an informed decision on how best to preserve your independence, your home, and your savings. Once you are over age 65, you can apply for Medicaid, 由联邦政府和各州共同管理的福利项目. Medicaid kicks in to help pay for nursing home care only for people who meet certain income and asset levels.
Among the many complexities of the Medicaid system is keeping up with all the changes including the allowed amounts, which change annually. “回顾规则”是提前计划很重要的原因之一. Under this rule, eligibility for Medicaid may be denied if the person going into the nursing home transferred assets for less than fair market value within 60 months before his or her application for Medicaid benefits.
Whether you are a single or a married Medicaid applicant, an assessment of your resources is made. For a married couple, 账户是否以你或配偶的名义开立, all of your nonexempt assets are combined. 然后用这个数额来确定“配偶份额”,这是政府允许家庭配偶保留的金额. 如果申请人的资源或收入过高一分钱, 申请人将无法获得医疗补助.
At Church Langdon Lopp & 巴奈特,我们利用医疗补助的规定来帮你. Often, for a married couple with an at home spouse, we can preserve nearly 100% of your resources. For a single person applying for Medicaid benefits we can often save at least half of your resources. 记住,拥有一半总比一无所有好. 如果这个单一的医疗补助申请人是积极主动的, 我们通常可以保留他/她更多的资源. As such, it is never too early to plan.
Legal Procedures and Agreements
如果你没有合法的合同和程序, 你正冒着把你的资产丢给债权人的风险. As licensed professionals, we can help draft these agreements for you and ensure you are following procedures correctly to keep assets safe. 当你有一个精心设计和深思熟虑的资产保护计划, 这是一个很好的工具,可以用来保护你自己和你的资产. A skilled asset protection attorney can use it as leverage to convince a creditor to settle out of court when needed. Even if a creditor attempts to get through your plan and goes through the expense of a lengthy trial, the plan can protect you.
Our Asset Protection Lawyers Answer FAQs
Below are a few of the most frequently asked questions answered by our New Albany asset protection attorneys at CLLB.
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哪些州允许创建资产保护信托?
There are certain states that allow the creation of a domestic asset protection trust. Those states are Alaska, Delaware, Hawaii, Missouri, Nevada, New Hampshire, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Virginia and Wyoming.
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我应否考虑设立资产保障信托?
If you are in a high-risk profession, such as a doctor, and are wealthy, 你可以考虑创建一个资产保护信托基金. 信托可以帮助保护你的资产不成为债权人的目标. Your net worth may also make you a target. 在某些情况下,个人使用资产保护协议.
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创建资产保护信托是否涉及税务问题?
There are situations when an asset protection trust can reduce or eliminate tax liability for state income tax purposes. When an asset protection trust is in place, it can remove assets from the grantor’s estate. Even if the assets are removed for tax purposes, 授予人仍然可以从信托中的资产中受益.
If you have additional questions, contact our asset protection lawyers today at (812) 725-8224.
What Else You Should Know
Both outright asset transfers to family members or to a trust for the applicant’s benefit have advantages and disadvantages. 例如,直接的转移受制于人性的突发奇想. That is, you could end up having a bad relationship with the child you gave your assets to, 或者你的财产会被孩子的离婚吞噬, bankruptcy, creditors, bad investments, or spending habits.
On the other hand, you do not have access to the money in a trust and the trustee cannot have any discretion to distribute trust principal to you, 否则校长将被视为医疗补助的资源.
While it is not illegal to structure one’s assets in an effort to qualify for Medicaid nursing home benefits, it is a crime to hide assets for that reason. Not sure of the difference? Consult our New Albany elder law attorney. 他们可以建议你在法律允许的范围内可以做些什么.
今天bet9九州体育登录线路CLLB的新奥尔巴尼资产保护律师
Whatever your situation or hopes for the future, the New Albany, asset protection lawyers at Church, Langdon, Lopp, Banet Law can help. 我们了解这些问题,并可以指导您完成规划过程. 我们将与您密切合作,帮助您做出最好的决定.
我们与许多家庭合作过,我们期待与你们的合作. For skilled and knowledgeable representation, 请致电(812)286-2735或填写我们的在线表格与我们bet9九州体育登录线路.
Based in New Albany, Indiana, 我们自豪地为肯塔基州的社区bet9九州体育登录,包括, but not limited to, Jefferson County (KY), Floyd County (IN), Clark County (IN), and Harrison County (IN).
Client Testimonial
”Very nice and professional with exceptional knowledge of the laws, courts and Judge’s in the area! 他们让我感觉很舒服,让我觉得一切都很容易. I am WOWED by Gary and his staff!!!” – Poppy Cobb (Google Review)
Attorney Steve Langdon
在印第安纳州和肯塔基州都有执业执照, 史蒂夫·兰登是一位经验丰富的老年律师和出庭辩护律师. In addition to his litigation and trial work, Steve’s practice includes wills, trusts, probate, Medicaid planning, guardianship, powers of attorney, and advanced directive planning, 包括生前遗嘱和医疗代理指定. [ Attorney Bio ]
Attorney Gary Banet
加里在印第安纳州和肯塔基州都有执业律师执照. He concentrates his practice in estate planning, estate and trust administration, estate and trust litigation, guardianships, elder law and special-needs planning. Gary earned his J.D. from the University of Louisville, Louis D. Brandeis School of Law, and formerly practiced law at Bingham Greenebaum Doll and Wyatt, Tarrant & Combs. [ Attorney Bio ]