From Our Las Vegas Office,
We Assist Clients With Probate, Trust Administration, Elder Law And Estate Planning


What Happens to the Mortgage During My Nevada Probate?

By Kim Boyer

“The home that I live in is owned solely by my husband and the mortgage is just in his name.  Now that he has died, what do I do?”[…]

Importance of Having an Estate Plan

By Kim Boyer

Gloria’s parents had planned ahead.  Gloria said:  “One of the best gifts that my parents gave to my siblings and me was creating a living trust and powers of attorney.  Mom has dementia and my father has been her caregiver, allowing mom to remain at home in her comfortable and familiar surroundings.  Unfortunately, my father was hospitalized due to Covid-19.  Lucky for us, my parents had their estate planning in place. […]

Deed Upon Death “Beneficiary Deed”

By Kim Boyer

Robert’s only asset was his home, and he wanted his son to receive it upon his death. In Nevada, one option for Robert is a Beneficiary Deed or Deed Upon Death.  This means that the home would pass outright to the beneficiary at death without probate.  Trusts are also another option that avoids probate and can provide protections for beneficiaries.  Robert, who lived only on Social Security income, chose a Beneficiary Deed.  At Robert’s death, his son asked for our help. […]

What Happens to the Mortgage During My Nevada Probate?

By Kim Boyer

“The home that I live in is owned solely by my husband and the mortgage is just in his name.  Now that he has died, what do I do?” After a relative dies, it helps to know what you can expect regarding the home and mortgage.  The first step it to determine how the home is titled.  If the home is in a trust […]

Is Your House in Your Trust After a Refinance?

By Kim Boyer

My office received a frantic call from a woman.  She had been named successor Trustee of her mother’s trust and knew that her mother had been meticulous in making sure that all of her assets had been properly titled into her trust, including her home. […] Unfortunately, her mother’s health took and unexpected turn and she quickly passed away.  The daughter believed that her mother’s home was titled in the trust and she listed it for sale.  The sale was set to close the next week […]

Selecting Your Successor Trustee or Personal Representative

By Kim Boyer

An important decision you need to make in planning your estate is who will be in charge of your assets after you’re gone or when you are incapacitated. Many of my clients ask me for guidance on selecting the successor trustee of their trust or the executor (“personal representative”) of their estate. There […]

The Need for Medicaid Planning

By Kim Boyer

As Baby Boomers reach retirement age, more will be thinking about long-term care and planning ahead. For many families, this can mean trying to qualify for Medicaid to pay for the cost of long-term care. People are living longer and often suffer longer from debilitating diseases, therefore requiring more long-term care than […]

How Nevada Medicaid is Viewing Special Needs Trusts

We attended a seminar in Reno where we learned from the Nevada Medicaid Office how they are currently viewing the special needs trust (“SNT”). A special needs trust is a trust used to hold the assets of a disabled person who is under age 65. If the trust is drafted correctly, the assets […]

What is the five-year “look-back” and how does it work?

By Kim Boyer

When applying for Medicaid, the state will “look back” to see if any gifts have been made. The state will not let you just give away your property or your money to qualify for Medicaid. Any gifts or transfers for less than fair market value that are made during the “look back” […]

Importance of Medicaid Planning from a Nursing Home Perspective

By Kim Boyer

Without proper planning, some nursing home residents do not become qualified for Medicaid or maintain their eligibility. If that occurs, the resident may not receive necessary services, or the nursing home may not be paid for its services. Here are some actual case examples:

Case One: A nursing home called our office […]

Tax Deduction For Family Caregiver Services

By Kim Boyer

Many times family members or friends provide care to a loved one for a fee. These family members or friends are typically unlicensed caregivers. Can the person paying for the care deduct the payments as a medical expense on their income tax return?

Medical expenses, not compensated for by […]

I was told our income is too high for Medicaid. What can we do?

By Kim Boyer

Margaret and Sam have been married for 41 years. Sam suffers a paralyzing stroke. Margaret is distraught. “The doctor says Sam needs long-term care in a nursing home,” Margaret says. “The case worker said our income is too high to qualify for Medicaid, and we have to apply through the county after […]

Nevada Supreme Court Rules on Medicaid Estate Recovery

By Kim Boyer

What is Estate Recovery? In 1993, the federal government passed a little debated law that required state Medicaid programs to recover from the estates of deceased Medicaid beneficiaries. This recoupment is referred to as “Medicaid Estate Recovery.” Usually the greatest asset owned by people facing a long-term care stay is their home. […]

Medicaid Division of Assets in Nevada

By Kim Boyer

Medicaid law is complex and there is a great deal of confusion over the “division of assets” and the “Medicaid spend-down.” Everyone’s situation is different and this article provides an example of just one of the ways in which many of our clients are able to qualify their spouse for Medicaid without […]

How to Protect Your Assets from Rising Nursing Home Costs

By Kim Boyer Senior Press April 2003

Ralph and Alice just celebrated their 51st wedding anniversary. Ralph, who has Alzheimer’s, wandered away from home. The police found him sitting on a street curb, talking incoherently. They took him to a hospital. Now the family doctor has told Alice that she needs to place Ralph […]

Simple Things You Can Do to Prevent Age-Related Memory Loss

People who are dealing with a loved one with dementia have a great deal of stress, and often times must deal with the question of “why is this happening?” Often it is hereditary, but researchers now know that age-related memory loss can be influenced by lifestyle factors. There is a book by Jean Carper, titled […]

Medicaid Spend Down

By Kim Boyer

What is a spend down? This is the amount by which a Medicaid applicant’s allowable resources must be reduced before eligibility can be obtained. The concept applies to both married and single applicants, although there are additional methods of spend down for married applicants.

One method of spend down is to pay […]

Successful Medicaid Planning

By Kim Boyer

The budget crisis has made obtaining Medicaid more difficult. Still, elder law attorneys may be able to assist individuals and families in developing estate plans to avoid depleting their assets, should they become ill and need long term care.

For those individuals who are already in a nursing home, despite the harsh […]

Dementia and Legal Capacity

By Kim Boyer

Dementia is often a key factor in determining the capacity of an individual. Doctors and elder law attorneys view dementia from different perspectives. Doctors are concerned with diagnosis and treatment. Elder law attorneys are concerned with whether there is capacity to execute estate planning documents, and the client’s susceptibility to being […]

Avoid Medicaid Traps When Child is a Caregiver

By Kim Boyer

Over 22 million Americans care for their ailing parents, other relatives or friends. Most of these caregivers do so without compensation. Taking certain steps ahead of time may save assets from Medicaid.

If caregiving services are being provided by a child, but no caregiver contract is in place, the family risks losing […]

Nevada Supreme Court Rules on Surrogate Consent

By Kim Boyer

Avis Maxey, who was 72 years old, ingested approximately 200 prescription pills in an apparent suicide attempt. Her ex-husband, Theodore, with whom she resided, delayed calling an ambulance because he believed she wanted to kill herself. When the paramedics arrived, they nonetheless attempted to resuscitate Avis. At the hospital, Theodore signed papers […]

Basic Tax Issues for Seniors and their Families

By Kim Boyer

This article discusses some basic tax issues that seniors and their families face.

Filing Return for an Incapacitated Person. If a taxpayer is unable to manage her affairs over a long period because of physical or mental disability, another person may have to file the tax return. For a joint return, […]

VA Benefits: Family Caregiver Payments

By Kim Boyer

Many veterans or surviving spouses of veterans are unaware that they could qualify for significant cash benefits under the improved pension program through the Department of Veterans Affairs (“VA”). This is often referred to as “aid and attendance.” Even for those who have heard about this VA benefit, many may be […]

Avoiding Fraud Against Seniors

By Kim Boyer

Fraud is on the rise in America, and seniors are among the prime targets of con artists. Seniors account for 26% of all mail fraud victims, but their representation increases dramatically in certain categories, such as prizes and sweepstakes, where seniors account for 60% of victims.

In one of the worst […]

VA Issues New Policy on Aid and Attendance

By Kim Boyer

I visited San Antonio, Texas for training. During our breaks, we walked along the beautiful river walk, and visited The Alamo. As we were getting ready to board our return flight, they called for all the sailors and soldiers to board the plane first. The crowd waiting to board broke into […]

Enhancing the Quality of Life for People with Alzheimer’s

By Kim Boyer

Learning how to communicate with loved ones who have Alzheimer’s disease is often a difficult task for families. It can be heartbreaking and confusing to witness a loved one exhibits behavior that is far from his or her usual temperament. In order to sustain relationships and enhance coping abilities, family members and […]

Getting Old, Getting Fleeced

Questions from SuperLawyers with answers from Attorney, Kim Boyer, about financial exploitation of elders.

Book cover: Alzheimer's and Dementia: A Practical & Legal Guide for Nevada Caregivers by Kim Boyer and Mary Shapiro
Book cover: The Essential Eldercare Handbook for Nevada by Kim Boyer and Mary Shapiro
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Kim Boyer rated by Super Lawyers for 16 years