808-593-8885

New Medicaid Rules Are Now Effective (November 2009)

The February 2006 Estate Planning Insights column was entitled “Big Change in Medicaid Laws.”  On February 1, 2006, Congress passed the Deficit Reduction Act of 2005.  President Bush signed the bill into law on February 8, 2006.  This new federal law makes important...

The Stepped Up Basis (October 2009)

In estate planning, it is important to understand “stepped up basis.”  When you buy property (for example, real estate or stocks) your “tax basis” in the property is the amount you pay for the property.  When you sell the property, you have profit or “gain” equal to...

Small Estates

            When a person dies with $100,000 or less in assets, there are simple ways to settle the estate. One way is to use an Affidavit for Collection of Personal Property. Another way is to have the clerk of the circuit court open a Small Estate proceeding. ...

New Rules for Nursing Home Medicaid

On February 8, 2006, President Bush signed the Deficit Reduction Act.  This federal law made big changes to Medicaid for nursing home costs.  Important parts of the new law were supposed to be effective from February 8, 2006.  However, the Hawaii Department of Human...

Notice of Public Hearing and DHS Proposed Rule Change

The following is a copy of the Notice of Public Hearing on the proposed changes to Hawaii’s Medicaid rules found in Hawaii Administrative Rules.  The public hearing is scheduled for July 28, 2009.  Many of the proposed changes are required by the...

The Special Needs Trust

THE SPECIAL NEEDS TRUST Suppose you have a child with a disability.  Perhaps the child was born with a mental disability.  Perhaps he or she was born with a physical disability.  In some cases, the child may have been normal at birth, but later in life acquired a...

Medicaid Planning

MEDICAID PLANNING              I am thinking about a meeting I had recently.  The daughter of a client came to discuss her mother’s situation.  Mother is elderly.  She suffers from...

Proposed New Laws

PROPOSED NEW LAWS There are some proposed new rules and laws which would affect estate planning.  First, let’s review the current estate tax law.  The estate tax is a federal tax.  At this time there is no Hawaii estate tax or inheritance...

Be Careful When You Give Assets Away

Whenever you give away assets, there are laws in three different areas to consider: 1) gift taxes; 2) Medicaid rules for nursing home costs; and 3) capital gains taxes. Many people think you can give only $10,000 tax-free to each individual.  Actually, the amount is...

Asset Protection in Uncertain Times Part Two: Beyond FDIC Insurance

The economic news continues to get worse and worse.  First, here is a brief summary of some of the advice I offered in last month’s Estate Planning Insights.  Make sure that your savings accounts, checking accounts and certificates of deposit are in...