Welcome to the Joseph L. Motta blog where we post articles relevant to our specialty practice areas of estate planning, long term care planning, Medicaid planning, special needs planning, wills, trusts and estate planning documents. We also post local events where we'll be speaking or taking questions in and around the Avon Lake, Ohio area. If you are looking for a specific article, or content to fit a particular period of life, use the categories below to filter our posts by category, or the search feature to enter something more specific.
11 Things You Can Do Online Via the Social Security Website
September 18, 2023Elder Law, Estate Planning, Long Term Care Planning, Medicaid Planning, Retirement Accounts, Social Security
The Social Security Administration (SSA) website hosts a wealth of online tools that offer you convenient access to benefits information. To make the most of these tools, simply create a my Social Security account online. It is free to set Read More ...
What’s the Most You Can Receive in Disability Benefits?
September 15, 2023Estate Planning, Special Needs Planning
Social Security Disability Insurance is one of these types of programs. What Is Social Security Disability Insurance? Social Security Disability Insurance (SSDI) issues payments each month to individuals who have incurred a severe disability that has left them unable to Read More ...
Inherited Retirement Accounts: Minimizing Tax Consequences
September 6, 2023Estate Planning
The Setting Every Community Up for Retirement Enhancement (SECURE) Act, which went into effect in 2020, changed how beneficiaries of inherited retirement accounts must withdraw these funds. The Act’s passage made it more difficult for individuals to pass their retirement Read More ...
Senior Health: How Friendships Have A Positive Impact
August 30, 2023Estate Planning
More Americans are living longer, with the number of people older than 65 projected to increase to more than 80 million by 2040. As this population reaches retirement age, the risk of social isolation substantially increases – along with its negative Read More ...
What to Do When Social Security Overpays
August 22, 2023Estate Planning
According to the Social Security Administration (SSA), 69.1 million people benefit from Social Security programs, such as Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). Of the $1.1 trillion Social Security payments the SSA made in retirement, survivors, and disability Read More ...
Avon Senior Center Lunch & Learn Panel Sept. 21st, 11:30-1:30PM
August 16, 2023Events
Come meet Joseph L. Motta Thursday, Sep 21st from 11:30AM - 1:30PM, at The Senior Center of Avon, OH. Join us for a panel discussion on topics ranging from elder law, Medicaid planning and home health care to Read More ...
8/18/23: Lorain County Office On Aging Fundraiser
August 15, 2023Events
Proud to be a Sponsor: Joseph L. Motta Estate Planning & Elder Law Joseph L. Motta of Avon Lake, Ohio is proud to be a sponsor of the 3rd Annual Fundraiser Event for the Lorain County Office On Aging. This Read More ...
What Is Spousal Impoverishment?
August 14, 2023Estate Planning, Long Term Care Planning
Spousal impoverishment is a concern for older couples when one spouse needs long-term care and applies for Medicaid. If one spouse requires care in a skilled nursing facility and the other remains at home, the spouse at home might face Read More ...
Study Shows: Home Health Services Underutilized by Seniors
August 8, 2023Estate Planning, Long Term Care Planning
Health Affairs estimates that 4 million older adults can only leave their homes with assistance, making accessing care challenging. The Centers for Disease Control and Prevention reports that 1.3 million Americans receive care in nursing homes. According to A Place Read More ...
Sep. 9th, 2023 Walk to End Alzheimer’s in Lorain County
August 1, 2023Events
Proud to be a Sponsor: Joseph L. Motta Estate Planning & Elder Law Joseph L. Motta of Avon Lake, Ohio is proud to be a sponsor this years Walk to End Alzheimer's in Lorain County. This Year's Walk to End Read More ...
Yes, There Can Be Disadvantages To Naming Beneficiaries
August 1, 2023Beneficiary, Estate Planning, Wills & Trusts
Although in many situations the advantages outweigh the disadvantages when selecting beneficiaries, there are always exceptions. What Is a Beneficiary? Beneficiaries are individuals who you select to receive money, various other assets, or specific bequests (such as sentimental items) upon Read More ...
Do You Need A Spendthrift Trust?
July 25, 2023Estate Planning, Wills & Trusts
The aging population is expected to transfer $30 trillion in the coming years, per Forbes. According to the Survey of Consumer Finances, the median inheritance is $69,000; the median for trust fund wealth transfers is $285,000. Many individuals planning their legacies wish to Read More ...
How Long Do Wills Last? Questions About Last Wills and Testaments
July 18, 2023Elder Law, Estate Planning, Wills & Trusts
Does a will expire? Is a will prepared over 20 years ago still valid? Starting an estate plan can be overwhelming, and when it comes to the last will and testaments you probably have many questions. You are not alone. Read More ...
HIPPA Authorization And Health Care Power Of Attorney, Why It’s Important
July 11, 2023Estate Planning
If you are in the hospital, you may want your loved ones to be able to access information and have the authorization to know about your prognosis. However, if you have not authorized them to receive specifics regarding your medical Read More ...
Questions About Probate? 3 Common Questions Answered
July 8, 2023Estate Planning
When people pass away, they leave behind assets, property, and possessions that can have sentimental and real value for surviving family members and loved ones. Everything that an individual owns upon their death is known as their estate. According to Estate Read More ...
Medicare Will Soon Cover Certain Alzheimer’s Treatments
July 2, 2023Elder Care, Estate Planning, Long Term Care Planning, Medicaid Planning
Medicare recipients living with a diagnosis of Alzheimer’s recently received promising news: The Centers for Medicare & Medicaid Services (CMS) has announced that it would begin covering new Alzheimer’s treatments that receive approval from the FDA. “If the FDA grants traditional approval, Read More ...
July 14th, Meet Your Local Elder Law Attorney at the Lake Erie Crushers Game
June 21, 2023Events
Do you love local baseball, fireworks and family fun as much as the next Joe? Then meet this Joe, Joseph L. Motta of the Joseph L. Motta Co. elder law and estate planning law firm in Avon Lake, at the Read More ...
An Epidemic: Substance Abuse a Growing Problem Among Seniors
June 17, 2023Elder Care, Elder Law, Estate Planning, Long Term Care Planning
The United States population of aging adults has grown exponentially over the past decade. According to projections published by the U.S. Census Bureau, the number of Americans aged 60 and older increased by 34 percent from 55.7 million to 74.6 million Read More ...
When To Include a Pour Over Will in Your Estate Plan?
June 12, 2023Estate Planning, Wills & Trusts
In creating an estate plan, you are proactively taking steps to ensure that your assets will be distributed according to your wishes in the wake of your death. One tool available to you in estate planning is known as a Read More ...
What Is A Group Home?
June 5, 2023Special Needs Planning
What Is a Group Home? A group home is a living accommodation option for people with disabilities. Living in a group home may be a good option for those individuals who do not need advanced medical care but cannot safely Read More ...
ABLE Account Owners Who Work Can Save More
May 24, 2023Special Needs Planning
ABLE Account Owners Who Work Can Save More Through 2025 If you are an individual with a disability who holds an ABLE account, your annual contributions to this type of account generally must not exceed $17,000 a year, as of Read More ...
Protecting Spouses of Medicaid Applicants: 2023 Guidelines
May 16, 2023Estate Planning, Medicaid Planning
The Centers for Medicare & Medicaid Services (CMS) has released the 2023 federal guidelines for how much money the spouses of institutionalized Medicaid recipients may keep, as well as related Medicaid figures. What Are Spousal Impoverishment Rules? Spousal impoverishment is a concern for Read More ...
What Is A Health Savings Account? Will Medicare Affect Mine?
May 10, 2023Elder Care, Long Term Care Planning
A health savings account may help you save money on medical expenses, depending on your insurance type. If you are eligible, you can use your health savings account (HSA) to cover certain medical costs, according to HealthCare.gov. How Does an HSA Read More ...
Create Your Estate Plan Sooner Rather Than Later
May 8, 2023Estate Planning
In the wake of the pandemic, rising inflation, mass shooting tragedies, and other events, more people recognize that they need to plan for the future. Yet while financial planning has been at the top of many Americans’ minds, a vast Read More ...
Why Hire an Elder Law Attorney?
May 2, 2023Elder Law, Estate Planning, Long Term Care Planning
Elder law attorneys may specialize in estate planning, incapacity planning, and end-of-life care for seniors. These practitioners are essential because they work to protect a vulnerable population. To plan for their future and their care, seniors and their families should Read More ...
Wesleyan Village Classic Car Show 5/17/23 in Elyria
April 20, 2023Events
Come meet Joseph L. Motta Thursday, May 17th, 2023, at the Wesleyan Village Classic Car Show from 4:00pm-6:00pm. Free admission - food trucks, games and raffles available for a charge. A must see event for the classic car enthusiast or Read More ...
Ten Common Acronyms in Estate Planning and Elder Law
April 14, 2023Elder Law, Estate Planning, Medicaid Planning
In helping clients prepare for their future, estate planning and elder law attorneys use many acronyms. Understanding some of the common medical and legal terms in this field can give you added confidence in your approach to planning for your Read More ...
Does Power of Attorney End at Death?
April 10, 2023Beneficiary, Elder Law, Estate Planning, Wills & Trusts
A power of attorney is a powerful planning document that enables you (the principal) to give another person (the agent or attorney-in-fact) the power to act for you while you are alive. Because it is often prepared in the context of Read More ...
Using a Credit Card When You Have a Special Needs Trust
April 3, 2023Estate Planning, Special Needs Planning
A special needs trust (SNT) allows you to meet your needs while receiving government benefits, such as Medicaid and Supplemental Security Income (SSI). When you have a special needs trust, you can use it to pay for goods and services government benefits Read More ...
Estate Planning for Your Digital Legacy
March 29, 2023Elder Law, Estate Planning
One aspect of your estate plan that you may not yet have taken into consideration is your digital legacy. Arranging what happens to your digital assets and information when you pass away has become an increasingly essential component of financial Read More ...
What Is Hospice Care at Home?
March 23, 2023Elder Law, Long Term Care Planning, Medicaid Planning
Hospice care is a type of health care that patients with terminally ill conditions rely on at the end of their lives. This type of care focuses on pain management and emotional, spiritual, and familial support for patients nearing the Read More ...
6 Tips for Caring for Elderly Parents
March 12, 2023Estate Planning, Long Term Care Planning
Many adult children wonder what their aging parents may need and how can they can help provide it for them. You may constantly worry about your parents or other older loved ones, especially if you live far away from them. Read More ...
What is Memory Care and What Are its Benefits?
March 5, 2023Elder Care, Estate Planning, Long Term Care Planning
Memory care is specialized care for patients living with Alzheimer’s disease, dementia, or other conditions that cause memory loss. Hospitals and nursing homes may have memory care units or a separate entity dedicated to this service. Memory care provides seniors with Read More ...
Respite Care and How it Can Help With Burnout
February 28, 2023Elder Care, Elder Law, Estate Planning, Long Term Care Planning
It is easy to burn out when you are responsible for providing full-time care to an aging or disabled loved one. In some cases, caregiver burnout can result in resentment toward the individual they care for, despite their love for Read More ...
Estate Planning: At-a-Glance Overview
February 23, 2023Estate Planning, Wills & Trusts
At Joseph L. Motta Co. our motto is "Leave a Legacy, Not a Predicament," because we genuinely want to help people have all their affairs in order so that their family is not burdened with a mess upon death. Losing Read More ...
Can You Appeal When a Hospital Considers You an Outpatient?
February 13, 2023Estate Planning, Long Term Care Planning
A hospital’s classification of you as inpatient or outpatient can significantly affect Medicare’s coverage, shaping how much you pay for services and whether your coverage includes care in a skilled nursing facility. Medicare Part A pays for inpatient hospital and post-hospital extended Read More ...
Estate Planning Guides for 2023 Released
February 5, 2023Events
At Joseph L. Motta Co., LPA, we are devoted to protecting families from life's most challenging situations. Each year we update these special guides we created to provide you with the tools you can use to start thinking about how Read More ...
What Does The Term “Decedent” Mean?
February 5, 2023Estate Planning
“Decedent” is a legal term that refers to a person who has died with unsatisfied legal obligations. At the end of their life, a decedent has some legal duties that must be fulfilled through a representative. For example, decedents remain Read More ...
Who Can Override A Power Of Attorney?
January 31, 2023Estate Planning
A power of attorney (POA) is a legal agreement that gives a person (agent) the ability to act on behalf of another person (principal). A common question asked about POAs is under what circumstances a person can override them. POAs can Read More ...
Estate Planning Seminars with Joseph L. Motta
January 28, 2023Events
At Joseph L. Motta Co., LPA, we genuinely care about educating our population about the detriments of probate, costs of long-term care and how to qualify for Medicaid before having to loose assets and property to paying for long-term care. Read More ...
How and Why to End Guardianship of an Adult
January 20, 2023Estate Planning
While a guardian can support the protected person by making important decisions, in some cases, an individual may wish to change or dissolve the arrangement. The ward, their family, or other involved people might feel that the guardian is not Read More ...
What You Should Know About Required Minimum Distribution
January 14, 2023Estate Planning
Required Minimum Distributions (RMDs) are the minimum amounts a retirement plan account owner must take out each year. RMDs begin when a person reaches either age 72, 70½ if they reached this age before January 1, 2020, or the year Read More ...