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PRACTICE AREAS
At Hickman Menashe,
P.S., we specialize in the following areas of elder law:
ESTATE AND PERSONAL CARE PLANNING
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Putting plans in place for your own personal care and for your estate,
both while you are living and after a death, is one of the most caring
things you can do for yourself and family. Even very basic, thoughtful
planning, with properly executed documents, can prevent confusion and
strife among your loved ones in the event of your incapacity or death.
In some cases, more advanced planning can reduce or eliminate federal
and state estate taxes that would otherwise be due.
A typical set of estate planning documents may include:
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Last Will and Testament
and/or a Living Trust |
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Durable Power of
Attorney (for your financial affairs) |
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Durable Power of
Attorney for Health Care |
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Health Care Directive
(commonly known as a Living Will) |
At Hickman Menashe,
P.S., we can explain the purpose of each of these
documents and help you determine which best suit your needs. Specific
services may include:
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Education of the tools
available for estate planning |
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Assessment of your
current estate and planning needs |
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Production of the
required documents |
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Notarization of
documents as required
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LONG-TERM CARE AND
MEDICAID PLANNING
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Figuring out the maze of long-term care and planning options can be a
difficult, complex process. Bill and Jacob are both experienced in
this field and can help you navigate the necessary steps to help you
plan for the future, address a crisis, protect your estate and pursue
Medicaid benefits. Specific services may include:
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Analysis regarding
self-pay and long-term care insurance options |
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Education about the
Medicaid program, including its drawbacks |
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Direction regarding
specific planning to make Medicaid benefits possible and minimize or
avoid the Medicaid estate recovery associated with such benefits
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Assistance with
preparing and submitting an application for Medicaid benefits
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SPECIAL NEEDS TRUSTS
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A person with disabilities currently receiving public assistance
benefits (such as Medicaid or SSI) may retain only up to a certain
amount in assets in order to remain eligible for public benefits. When
a person with disabilities receives an award through a lawsuit, or an
inheritance from family members, pursuing a Special Needs Trust may be
very appropriate. In addition, a Special Needs Trust can be created by
a third party, such as by a parent for a child, for the benefit of the
disabled person. The laws governing Special Needs Trusts and their
relationship with public benefit regulations are varied and complex,
requiring the assistance of an attorney with expertise in this area.
At Hickman Menashe, P.S., Bill and Jacob are experienced
practitioners in this area and can help you through the process of
establishing and administering a Special Needs Trust. Specific
services may include:
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Education regarding
Special Needs Trusts |
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Assessment of public
benefits currently received and assets to be transferred into the
Special Needs Trust |
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Outline of steps
necessary to accomplish the Special Needs Trust, drafting of
appropriate documents, and transfer of assets to the Special Needs
Trust |
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Assistance in
administration of the Special Needs Trust
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GUARDIANSHIP
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Situations may arise in which a friend or family member can no longer
manage themselves or their financial affairs. A court appointed
guardianship is always a last resort, as it restricts the rights and
freedoms of the individual in need of care. However, if an appropriate
power of attorney was not previously put in place, a guardianship
proceeding may be necessary to ensure the health and safety of the
person and proper care of their assets. Because restricting a person’s
rights is always a serious matter, strict court procedures must be
followed for the appointment of a Guardian. At Hickman Menashe, P.S., we can walk you through this process to achieve the best outcome
for you and your loved one. Specific services may include:
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Education of the
Guardianship process and responsibilities
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Assessment of the needs
of the allegedly incapacitated person |
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Petitioning the Court
for appointment of a Guardian |
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Assistance with
required follow up reporting
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PROBATE
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When a loved one passes away, their estate must be distributed and
disposed of according to either their Will, Living Trust, Beneficiary
Designations, or according to the laws of the State of Washington that
take over when someone dies “intestate,” or without a Last Will. At
Hickman Menashe, P.S., we will review with you the assets of the
estate to determine if probate is necessary, and if so, what steps are
required. Probate in Washington State usually requires minimal court
involvement. We will walk you through the court requirements toward a
smooth and timely completion of the probate process and distribution
of the estate assets. Specific services may include:
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Education of the Probate process in Washington State |
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Assessment of the estate and an outline of the necessary steps for
Probate or for transferring assets without Probate |
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Production and filing of the necessary Court documents
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Assistance via a detailed instruction letter as to how to complete
the probate of the estate |
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Disbursement of the Estate assets and closing of the Probate
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TRUST ADMINISTRATION
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Trusts are sometimes created through Wills or other documents. If you
have been appointed as Trustee of a Trust, it is wise to seek legal
advice in the administration of your duties to the Trust. At Hickman
Menashe, P.S., Bill and Jacob can assist you in administering the
Trust and complying with the terms of the Trust and the laws of the
State of Washington. We are particularly skilled in dealing with
Special Needs Trusts.
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