Asset Protection Planning

We advise clients on how to increase their incomes, grow their businesses, and manage their investments. We also advise clients on the legal means available to protect their incomes and assets from the potential claims of creditors. In this imperfect and uncertain world, this kind of specialized planning has become a priority for many Americans who want to protect their assets for their retirement or for future generations.

Asset protection planning requires a diverse set of legal skills. In addition to the many techniques used in estate planning, our asset protection attorneys provide the following services:

  • Domestic asset protection trusts
  • Offshore asset protection trusts
  • Family limited partnerships and limited liability companies
  • Domestic partnership agreements
  • Discretionary spendthrift trusts
  • Self-settled special needs trusts
  • Third-party special needs trusts
  • IRA protection trusts
  • Qualified Terminal Interest Property (QTIP) trusts
  • Liability insurance planning
  • Health and disability insurance planning
  • Long-term care insurance planning

Founded in 1920, Ruder Ware provides business, employment, estate planning, and litigation services through its offices in Wausau, Eau Claire, and Green Bay, Wisconsin.  A full-service law firm, over 40 attorneys provide clients with a one-stop approach to their legal needs. Ruder Ware, Business Attorneys for Business Success.

Wisconsin Medicaid Divisor Staying Put. For Now.

Posted on July 28, 2020 by , and

Every year before July 1st, Wisconsin publishes an updated Medicaid divisor to be in effect starting on July 1st of that year until June 30th of the next year.  This year, Wisconsin has not yet updated its Medicaid divisor due to COVID-19 pandemic.  At this point in time, there is no official guidance as to […]

My Spouse is in a Nursing Home and Receiving Medicaid Benefits, Is There Anything Else I Need To Do?

Posted on July 22, 2020 by , and

Donna’s husband Phil is in a nursing home and receives Medicaid benefits to pay for his care (a.k.a. Medical Assistance or Title-19).  Donna wants to make sure Phil’s Medicaid remains in place and is protected, so she wants to know “Is there anything else I need to do?” As the spouse who is not receiving […]

Don’t Let the Fear of Losing Your Home to Medicaid Contribute to Elder Abuse

Posted on July 1, 2020 by , and

As we reflect on the close of World Elder Abuse Awareness Month, we wanted to share some information on this important issue. The Centers for Disease Control and Prevention defines elder abuse as an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that […]

5 Ways the Coronavirus May Impact Long-Term Care Insurance

Posted on June 22, 2020 by , and

In Wisconsin, we are soon to reach 25,000 positive COVID-19 test results, over 3,200 hospitalizations, and close to 750 deaths attributed to COVID-19, the disease caused by the coronavirus. It is being recognized that the coronavirus pandemic has had a devastating impact on the elderly, particularly those in nursing homes and other long-term care facilities. […]

Monthly Spousal Income Allowance Increased

Posted on June 8, 2020 by , and

The Wisconsin Department of Health Services recently announced the “minimum monthly maintenance needs allowance” (“MMMNA”) has been increased from $2,818.34 to $2,873.34 starting July 1, 2020.  As part of laws designed to prevent spousal impoverishment due to the high cost of long-term care, the “community spouse” (who is the spouse of an individual receiving long-term […]

Can The Nursing Home Take My Stimulus Check?

Posted on May 29, 2020 by , and

As we are coming to the end of Elder Law Month (as named by the National Academy of Elder Law Attorneys), one of our many roles as elder law attorneys is to keep you apprised of important topics in the world of elder law. As such, we wanted to reach out to you to draw […]

Will the Stimulus Check Impact my Medical Assistance?

Posted on April 16, 2020 by

As the IRS begins to send out payments under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, recipients of Medical Assistance for long-term care (i.e., Medicaid or Family Care) are wondering how this payment may affect their benefits. In other words, will the payment be considered either income or an asset that causes issues […]

Isn’t an Online Financial Power of Attorney Form Good Enough?

Posted on February 27, 2020 by

When people ask me what they can do to make things easier for their loved ones if something happens to them, the first question I ask is if they have power of attorney documents in place. A good financial power of attorney (“POA”) is one of the most important estate planning documents you can have. […]

My spouse is on Medicaid, now what?

Posted on November 14, 2019 by

It is common for a client whose spouse is receiving Medicaid to lack adequate estate planning to protect those Medicaid benefits in the event the client dies before their spouse. Yet, after all of the time and energy spent to qualify for Medicaid, it would be awful to see those benefits lost simply because proper […]

My Parents Want to Leave My Son With Special Needs an Inheritance…Will He Lose His Benefits?

Posted on August 28, 2019 by

Leaving an inheritance to a loved one with special needs who is or will be receiving government benefits (SSI, medical assistance, long term care services) is tricky and can have unintended negative consequences if not done carefully. Well-meaning gifts may result in the loved one (who I will refer to as the “Special Needs Beneficiary”) […]

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