Clair Law Offices News and Articles
September 19, 2017
Medicaid is at the center of the current health care debates in Washington. People fear that the demographics in this country will result in skyrocketing Medicaid program costs. Americans have not saved enough to pay for end-of-life health care – thus Medicaid will come under increasing strain. Many of our clients confer with us concerning Medicaid planning, which is sometimes described as divestment. First and foremost, before talking about Medicaid planning, a client needs to talk about how to “qualify” for Medicaid. Medicaid eligibility differs by state and also by marital status. Currently, you cannot have income higher than $2,205.00 to $2,898.00 per month per person, including your Social Security benefits. In addition, there are asset restrictions of $2,000.00, unless there is a spouse who is not receiving care – in which case that spouse can have up to $120,900.00, while their husband or wife qualifies for Medicaid. The primary residence does not count in the asset calculation, but there is a cap of home equity if the recipient of Medicaid is single.
There are complex IRS regulations associated with IRAs and other retirement plans. When Clair Law Offices advises its clients concerning estate planning matters, we customarily defer questions concerning retirement distributions to our clients’ accountants and financial advisers. Errors in taking retirement distributions can be extremely costly. This is especially true of required minimum distributions (RMDs).
June 23, 2017
Clients with disabilities who receive governmental benefits cannot have more than $2,000 in savings. If they do, they start to lose those much-needed benefits.
There is a new type of saving vehicle known as “ABLE Accounts” which permit people with disabilities and their families to save up to $14,000 a year without losing benefits. The accounts are somewhat similar to the 529 College Savings Plans. With ABLE accounts, money can be saved and can be used for anything that helps the life of the person with a disability.
There are circumstances where unmarried persons purchase homes together. In most of those cases, the couples take title as joint tenants, which means that upon the death of one of them, title is automatically vested by operation of law in the survivor. On the other hand, if the unmarried couples take title as tenants in common, it is almost always on a 50-50 basis.
The problems arise when the relationship ends. The question that we are often asked is: Are there common law rights for unmarried cohabitants?
February 9, 2017
We wanted to take this opportunity to thank our clients for voting us the Best of Walworth County for the 5th year in a row. We take great pride in the confidence that our clients and the residents of Walworth County continue to bestow upon us. Thank you for trusting us with all your legal needs. For over 50 years we’ve had the pleasure of providing legal services here in Walworth County, and we will continue to strive to be “your local law firm” for many years to come.
Wisconsin is home to thousands of inland lakes. Walworth County is no different, boasting beautiful lakes, including Geneva Lake, Delavan Lake, and their surrounding neighbors. The beauty of these lakes draws a wide array of people, causing a delicate balance of maintaining the lakes’ beauty but also developing the land to its fullest potential. As such, the Shoreland Zoning laws have been adopted to create statewide standards for building around lakes in Wisconsin.
MADISON, WI (April 29, 2016)
Clair Law Offices is proud to announce that Attorney Edward F. Thompson argued before the Wisconsin
Supreme Court in a case on behalf of one of our Bank clients and for thousands of financial
institutions whose mortgage loans and liens were at serious jeopardy.
In Walworth State Bank v. Abbey Springs Condominium Association, 2016 WI 30, in a 5 to 2 ruling, the
Supreme Court on April 29, 2016 held in favor of the Bank.
March 11, 2016
On February 23, 2016 the Wisconsin Supreme Court adopted a petition that will require parties to file cases electronically (e-file). The approved plan calls for counties to implement mandatory e-filing in civil, small claims, paternity and family cases beginning on July 1, 2016. Several counties are currently offering e-filing on a voluntary basis.
January 6, 2016
As a continuing free service, Clair Law Offices, S.C. thought you might be interested in a recent Wisconsin Court of Appeals decision issued on December 23, 2015, involving financial institutions, foreclosures, and sales of real estate after obtaining a foreclosure judgment.
The comments and opinions expressed in the blog are intended for informational purposes only and do not constitute legal advice. Reading or using the information in the blog does not create an attorney-client relationship between you and Clair Law Offices, S.C. or any of our attorneys. The law is constantly changing and therefore the blog may contain dated material. For current law and how it relates to your particular facts and circumstances, consult Clair Law Offices or another qualified attorney licensed in your state.