Our professional service is based on our skill, knowledge and
experience in the following areas of practice:
!!!SPECIAL NEEDS TRUST!
Effective December 31, 2016, there has been a significant change in the federal law regarding the establishment of Special Needs Trusts. The “21st Century Cures Act” was signed into law on December 13, 2016. Previously, the law only allowed a parent, grandparent, legal guardian or a court to establish a Special Needs Trust, but Section 1917 (d)(4) (A) which was revised will now allow a disabled individual to establish his or her own Special Needs Trust. This will significantly reduce the time, money and effort in having to obtain court approval to establish a Special Needs Trust.
!!!VETERAN’S ADMINISTRATION ALERT!!!
The Veterans Administration (VA) has published a proposal that will significantly change eligibility rules for veterans’ and or their spouses. The VA now anticipates that the final rule changes will be published after April 2017. Therefore, it is important that all veterans and their spouses, who anticipate that they will be applying for VA Benefits now or in the future, should consult with an accredited VA Attorney as soon as possible.
These rules include:
- Establishing a clear net worth limit
- Defining and clarifying deductible medical expenses
- Three year (36 month) look back period
Any assistance received due to a catastrophe or major disaster having been declared by the President of the United States, is permanently excluded as a resource for Medicaid. Funds must be identifiable as disaster funds.
The FEMA Program’s money due to the flood victims is considered disaster assistance, and any interest earned is excluded as an income resource.
Losavio & DeJean, LLC A full-service law center for seniors & families.
When can a someone get Social Security spousal...
by Losavio&DeJean on January 4, 2018 at 5:40 pm
A person may be eligible for a monthly benefit up to one half (½) of their spouse’s retirement or Social Security disability amounts. This spousal benefit is subject to limitations as to the total amount that can be paid to … Continue reading &rarr […]
Beware of Revocable Living Trusts!
by Losavio&DeJean on January 3, 2018 at 7:37 pm
Many consumers are executing Revocable Living Trusts. They are being sold on this product on the promise to avoid a succession and probate. Revocable Living Trusts do help the person avoid succession and probate. But, that’s all it does … Continue reading &rarr […]
Video Taping the Execution of a Will
by Losavio&DeJean on December 19, 2017 at 7:52 pm
Under Louisiana law, there is no legal requirement that the execution of a will be videotaped. Further, there is no such thing as a video will. Louisiana law has specific form requirements for wills. Videotaped wills is not one of … Continue reading &rarr […]
Reasons A Succession May Need An Executor Or...
by Losavio&DeJean on December 18, 2017 at 5:58 pm
Many people are surprised to learn that under Louisiana law, an heir or legatee is not required to have an executor/administrator appointed by the court to administer the estate of a person that has died. In fact, the heirs … Continue reading &rarr […]
Special Needs Trust
by Losavio&DeJean on January 21, 2017 at 12:39 am
Great News! It is now easier to establish a self-settled Special Needs Trust for your clients. Effective date as of December 31, 2016, Section 1917 (d)(4) (A) was revised to allow an individual with a disability as defined by the … Continue reading &rarr […]
by Losavio&DeJean on October 14, 2016 at 4:22 pm
Any assistance received due to a declared major disaster or catastrophe by the President of the United States of America, is permanently excluded as a resource for Medicaid. The funds provided should be identifiable as disaster funds. The FEMA program … Continue reading &rarr […]