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.
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 ...
Know The Difference Between Medicare and Medicaid
January 8, 2023Estate Planning, Long Term Care Planning, Medicaid Planning, Medicaid Qualification
Although Medicaid and Medicare are both public health insurance programs, they have essential differences. Medicare is a federal program for older adults, people with disabilities, and individuals with end-stage renal failure. Medicaid is federal-state assistance for those with limited incomes. Read More ...
Three Tips When Including Caregivers in Your Estate Planning
January 3, 2023Estate Planning
You may have a caregiver in your life to whom you wish to bestow your gratitude by designating them as an heir in your estate plan. Whether your caregiver is your own child — or a niece, nephew, grandchild, godchild, Read More ...
IRS Raising Annual Gift Tax and Estate Tax in 2023
December 30, 2022Estate Planning
Although inflation is generally nothing to be pleased about, the IRS recently announced inflation-adjusted changes to the annual gift tax and estate tax exclusions for 2023. If you are considering wealth transfer tax planning, these are welcome increases. Gift Tax Read More ...
What Not To Include In Your Will
December 18, 2022Estate Planning, Wills & Trusts
If you are considering preparing a will, this is a great first step in planning for the future. After reflecting on the basics, such as whom you want to be in charge of administering your wishes, you may wonder if Read More ...
Beware Of Predatory Medicare Advantage Marketers
December 7, 2022Elder Care, Elder Law, Medicaid Planning
The number of people enrolling in Medicare Advantage programs offered through Medicare-approved private companies has increased over time. Based on this trend, more than half of all Medicare recipients may be enrolled in Medicare Advantage programs by 2025. As alternatives to traditional Read More ...
What You Need To Know As A New Medicare Enrollee
November 30, 2022Elder Law, Medicaid Planning
A new rule going into effect January 1, 2023, is setting seniors up with improved access to health care coverage. Your Medicare Initial Enrollment Period (IEP) begins as you approach your 65th birthday. For the three months leading up to Read More ...
Will Medicare Cover The Costs of Assisted Living?
November 25, 2022Long Term Care Planning
Assisted living facilities support older adults with daily living while fostering their independence. Individuals who do not require round-the-clock nursing but need help with everyday activities like bathing, housekeeping, medications, and meal preparation can benefit from assisted living. Some seniors choose Read More ...
What Are Medicaid Asset Protection Trusts?
November 14, 2022Elder Care, Elder Law, Estate Planning, Medicaid Planning, Medicaid Recovery, Wills & Trusts
Medicaid is a state- and federally funded health program for lower-income persons of all ages. For applicants who fall into certain categories, Medicaid imposes specific rules on how much income and resources they can have and still qualify for benefits. Read More ...
Choosing The Best Home Care Provider For Your Parents
November 11, 2022Elder Care, Estate Planning, Long Term Care Planning
Choosing the correct home care provider for your aging parents is a huge responsibility. This person will be looking after the needs of those who taught you to walk, talk, and care for yourself. To ensure your parents are well Read More ...
Eight Useful Tips for Bringing Up Estate Planning
November 5, 2022Beneficiary, Estate Planning, Long Term Care Planning, Wills & Trusts
Unless you’re certain your parents have an up-to-date will, as well as a big-picture plan for what should happen in the event of their passing, you shouldn’t assume everything will be taken care of. During this season of upcoming holidays, Read More ...
6 Unexpected Possible Risk Factors for Dementia
November 4, 2022Elder Care, Elder Law, Estate Planning
More than 55 million people around the world currently suffer from dementia. Advanced age remains the main risk factor for developing dementia. Yet recent studies have uncovered several other potential risk factors for dementia and cognitive decline that you may Read More ...
Acronyms to Navigate Estate Planning and Elder Law
October 28, 2022Elder Law, Estate 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 ...
Medicare Vs. Medicare Advantage. What is Right For You?
October 22, 2022Estate Planning, Long Term Care Planning, Medicaid Planning
Recent research by the Kaiser Family Foundation examined the differences between traditional Medicare Vs. Medicare Advantage. While people in either program were similarly satisfied with their care and overall care coordination, some distinctions became apparent. Traditional Medicare’s Strengths Traditional Medicare Read More ...
Nov. 3rd: Lorain County Business Expo 3:30-6:30PM
October 19, 2022Events
Come meet Joseph L. Motta on Thursday, November 3rd, 2022, at the Lorain County Chamber of Commerce Business Expo from 3:30pm-6:30pm. The aim of the EXPO is simple- to provide exhibitors and attendees an opportunity to network, collaborate, learn about Read More ...
How Long to Hold On to Important Documents
October 16, 2022Estate Planning
It is hard to know what documents to trash and when. Before you know it, your spare room, office, basement, or garage is overflowing with boxes of papers that all seem important. Trying to weed through the mess and figure Read More ...
Help Your Family By Planning Your Funeral Arrangements
October 12, 2022Estate Planning
When an individual passes away without a funeral plan, responsibility for arranging the funeral often falls on the deceased’s close family members, such as surviving spouses and children. Planning your own funeral arrangements can assist your loved ones in an Read More ...
No Will? Don’t Risk It
October 5, 2022Estate Planning, Probate, Wills & Trusts
Many people delay the conversation or thoughts of having to prepare a will. Confronting the possibility of one’s death is not easy. However, as the recent death of Anne Heche shows us, not having a will can place a significant Read More ...
Estate Planning After Divorce
September 28, 2022Estate Planning
So, you’re officially divorced. In starting this new chapter of life, you should update your estate planning documents as soon as possible. You may no longer be legally married, but divorce does not automatically remove your prior spouse from your Read More ...
Medicaid’s Personal Needs Allowance Explained
September 18, 2022Elder Care, Elder Law, Estate Planning, Medicaid Planning
Seniors who rely on Medicaid and live in nursing homes receive a personal needs allowance — a monthly stipend the Medicaid recipient can use to pay for needs that Medicaid does not cover. Medicaid restricts the amount of the allowance Read More ...
Keeping Your Emergency Contacts and Medical Information Accessible
September 10, 2022Estate Planning, Wills & Trusts
If medical personnel are able to access your medical history during an emergency, it could mean the difference between life and death. But if, for example, you are injured, in shock, suffering from dementia, or are otherwise incapacitated, you may Read More ...
Nursing Home Eviction? What can you do?
September 8, 2022Elder Law, Estate Planning, Long Term Care Planning, Medicaid Planning
Nursing home evictions, or involuntary discharges or transfers, disrupt the lives of residents, leading to homelessness, separation from familial support systems, and loss of care. As federal law covers all federally funded nursing home residents, nursing home evictions are legal only in Read More ...
Wed., Sept. 21st, 11:30am-1pm, Tips for Planning Ahead
September 4, 2022Events
Please join Joseph L. Motta Co., LPA and our fellow panel members at Rose Senior Living in Avon, Ohio for a panel discussion on estate planning and senior wellness. This will be an informative panel discussion with Joseph Motta, elder Read More ...
Roles and Responsibilities of Representative Payees
September 3, 2022Beneficiary, Estate Planning, Special Needs Planning
Do you have a friend or loved one who receives Social Security and is unable to manage her payments? If so, you can request that the Social Security Administration (SSA), the government agency that disburses Social Security, name you as Read More ...
Tues., Nov.1st, 10-2, Aging Well Senior Expo at Lorain County Community College
August 29, 2022Events
Come meet Joseph L. Motta on Tuesday, November 1st, 2022, at the Lorain County Community College Spitzer Conference Center from 10:00am-2:00pm. Learn about valuable community services that specifically benefit seniors. The Aging Well Senior Expo is a great place to Read More ...
Qualify For Medicaid With a “Miller” Trust
August 8, 2022Elder Care, Estate Planning, Long Term Care Planning, Medicaid Planning, Medicaid Qualification, Wills & Trusts
In order to qualify for Medicaid, the applicant's income must fall below a certain level. Most states allow individuals to spend down any income above this level on their care until they reach the state's income standard. But in some Read More ...
Can a Person With Disabilities Work Without Losing SSI Benefits?
August 3, 2022Estate Planning, Long Term Care Planning, Special Needs Planning
To qualify for Supplemental Security Income (SSI), a federal program that provides people with disabilities a monthly stipend, individuals must conform to very strict income and asset limits. Often, SSI beneficiaries who could hold a job opt not to because they worry about Read More ...
Medicaid’s Power to Recoup Benefits Paid: Estate Recovery and Liens
July 30, 2022Elder Law, Estate Planning, Long Term Care Planning, Medicaid Planning, Medicaid Recovery, Probate
Federal law requires the state to attempt to recover the long-term care benefits from a Medicaid recipient's estate after the recipient's death. If steps aren't taken to protect the Medicaid recipient's house, it may need to be sold to settle the claim. For Read More ...
“Supportive Housing” For Adult Children With Special Needs
July 30, 2022Estate Planning, Long Term Care Planning, Special Needs Planning
Affordable, safe housing is one of the most crucial aspects of a person’s life, especially if that person has a disability. Parents and guardians must plan for this as early as possible to make sure their loved one has a Read More ...
Shopping For a Medigap Insurance Policy
July 25, 2022Long Term Care Planning, Medicaid Planning
Medigap premiums for plans from insurance companies offering the same benefits vary widely, so it pays to be a smart shopper. Federal law requires that each insurance company offers the same benefits for each of the Medigap plans lettered A Read More ...
Danbury Senior Living Information Expo in N. Ridgeville
July 18, 2022Events
Come meet Joseph L. Motta Thursday, July 21, 2022, at the Danbury Senior Living Villas from 1:00pm-3:00pm. Free information expo for seniors, and people of all ages, to learn more about living your best life. Proud to be a Sponsor: Read More ...
Estate Planning When You Have an Estranged Child
July 5, 2022Estate Planning, Wills & Trusts
Unfortunately, not all families get along. If you are having problems with one of your children, you may not want them to benefit from your estate. There are several strategies for dealing with an estranged child in your estate plan. Read More ...
July 12th, Independence Village Knowledge Panel
July 4, 2022Events
Come meet Joseph L. Motta Tuesday, July 12th, 2022, at The Independence Village Senior Living in Avon Lake, OH. Join us with the same panel from The Most Informative Lunch & Learn EVER!, that we put on Tuesday, Read More ...
Qualify For Medicaid While Supporting Your Child With Disabilities
July 2, 2022Elder Care, Elder Law, Estate Planning, Long Term Care Planning, Medicaid Planning, Special Needs Planning
If you have a child with a disability, providing for them into the future will likely stand among your top priorities. However, if you also wish to apply for Medicaid to cover your own long-term care expenses, first consider establishing Read More ...
Entering a Nursing Home as a Medicaid Recipient
June 28, 2022Elder Law, Estate Planning, Long Term Care Planning, Medicaid Planning, Medicaid Qualification
While Medicaid helps pay for nursing home care, being admitted to a nursing home as a Medicaid recipient is not always easy. There are several ways to navigate the process, depending on your situation. With the median cost of a nursing Read More ...
How to Approach Leaving Your Children Unequal Inheritances
June 23, 2022Elder Law, Estate Planning, Wills & Trusts
Parents usually want to leave their children equal shares of their estate, but equal isn’t always fair. If you plan to provide more (or less) for one child in your estate plan, preparation is important. It is natural for parents Read More ...
Meet Your Avon Lake Elder Law Attorney: Friday, July 8th
June 19, 2022Events
Do you love local baseball as much as Joe? Take advantage of the opportunity to enjoy a wonderful night with the family watching baseball at the Lake Erie Crushers stadium in Avon on July 8th and stop by Joe's table. Read More ...
Five Most Important Legal Documents for Estate Planning
June 17, 2022Elder Law, Estate Planning, Probate, Wills & Trusts
At Joseph L. Motta Co. our tagline is "Leave a Legacy, Not a Predicament," because we truly want to help people to avoid leaving their family a mess to unravel upon death. The passing of a loved one is already Read More ...
Estate Planning: Considerations When You Have a Stepfamily
June 15, 2022Beneficiary, Estate Planning, Wills & Trusts
Ideally, when a second marriage joins two families together, it should be a joyous occasion that creates one bigger blended family unit. Unfortunately, when the estate plan lacks clarity, it too often also creates inheritance fights between stepparents and children. Read More ...
What Makes a Will Valid? Dramatic Wills: Scribbled Notes, Videos and Last Wishes.
June 6, 2022Elder Care, Estate Planning, Wills & Trusts
You've surely seen a dramatic presentation of a will in either a movie, television show, or in a book. From handwritten notes and scribbled on a napkin to a self-made video or last utterances to a companion in the last Read More ...
Why Everyone Over 60 Should Update Their Estate Plan
May 30, 2022Elder Law, Estate Planning, Long Term Care Planning, Medicaid Planning, Retirement Accounts, Wills & Trusts
How frequently you should review your estate plan depends on how old you are and whether there has been a significant change in your circumstances. If you are over age 60 and you haven't updated your estate plan in many Read More ...
Southwood Case Reminds Us That Incapacity Planning is Important
May 24, 2022Elder Care, Elder Law, Estate Planning
What is Mental Incapacity or Incapacitated? As we age, our likelihood of mental incapacity increases. After all, our bodies and minds deteriorate as we age. Mental incapacity could result from dementia, stroke, brain injury, or other illness. What is mental Read More ...