Alabama Estate Planning Lawyer Blog

It is not breaking news to the elderly and senior citizens in Huntsville, Decatur, and the rest of North Alabama, that Alabama can be a great place to retire. But a new San Francisco Chronicle article rates Alabama as the 5th least taxed state for retirees!

According to the article, Social Security benefits, military benefits, and public and private defined-benefit pensions are all excluded from state income tax. On top of that, "Alabama has some of the lowest property taxes in the U.S, but further...homeowners 65 and older are exempt from state property taxes." As another benefit to the Alabama retirees and elderly, prescription drugs are not taxed at all.

Since the 1950's, the Huntsville-Madison area has been growing rapidly. One of the fastest growing groups in this area are senior citizens, retirees, and military retirees. The estate planning and elder law firm of Martinson & Beason, P.C. focuses on working with our clients to prepare them for retirement, assist them with their estate plan, and discussing other end-of-life issues.

Continue reading "Alabama Taxes: Good News for the Elderly in Alabama " »

(LAS VEGAS, NEVADA) -- One of only two attorneys representing the state of Alabama, Doug Martinson, II of Martinson & Beason, P.C. recently attended the National Academy of Elder Law Attorneys annual conference - The Elder and Special Needs Law National Conference. This year, the conference took place at the Wynn Hotel in Las Vegas from May 19th through May 21st.

The conference focused on guardianship, protection of assets, and the ethics of Medicaid planning. However, speakers covered a range of other topics including: capacity, veterans' benefits, federal estate tax law, heath care reform for persons with disabilities, tax primer for elder law attorneys, sexuality and aging, and practice management tips, amongst others.

Through his participation, Martinson received thirty hours of continuing legal education (CLE) credit. CLE credit helps ensure attorneys stay current with changing laws and procedures. In the state of Alabama, attorneys are required to obtain twelve hours of CLE credit every year.

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Elder abuse in Alabama is not breaking news. As has been documented by several organizations, this issue is growing throughout the state. In fact, this isn't the first time we have brought attention to this growing problem. But, what is rare is to get video evidence of elder abuse.

In the Pennsylvania assisted living facility, three workers are being charged with aggravated assault and negligence among other things for the way that they treated a 78 year old resident. We can only assume that it is a matter of time before a civil suit is filed.

What is most important is that this type of abuse can be prevented. Through proper planning and with the help of experienced elder law attorneys you can ensure that your loved ones have the resources and the education to help avoid this. In some cases, however, one cannot avoid this sort of atrocity and a civil action may be required.

Continue reading "Alabama Not Alone Dealing with Elder Abuse " »

The Alabama Medicaid Commissioner has divulged that the state of Medicaid in Alabama is dire. According to Dr. Bob Mullins, the Alabama Medicaid needs $700 million to operate. That is, according to Dr. Mullins, approximately 40% of the General Fund of the State of Alabama. There is a large shortfall in funding for this agency and the main cause of this budgetary gap is the loss of federal stimulus money. With no telling if the federal government will ever again have a stimulus package, Gov. Robert Bentley and other Alabama officials are scrambling to fund this desperately-needed agency.

Medicaid helps pay medical bills for low-income individuals who meet eligibility criteria. For hundreds of thousands of individuals, this is the only way they can afford health care. For the elderly and disabled, the Alabama Medicaid Agency has several programs such as financial support for institutional care (nursing homes, hospitals, etc...), Home and Community based waivers for people who are homebound or have certain diagnoses, and Social Security Related Medicaid programs for those individuals who no longer receive SSI (Supplementary Social Security)

To be eligible for these types of Medicaid programs, you must:

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