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My plan is good, I put a child on my account.

7/10/2026

I continue to meet with clients who wish to avoid probate and make sure a child has access to money after their death to pay bills and expenses. My counsel is still the same: this is not recommended. It may be efficient, and it may avoid probate, but more often than not, issues arise that put the client’s entire plan at risk.

Here are 3 examples of times a child as a joint owner on an account has caused problems:
Jane Doe wanted to leave her estate to her 3 children equally. Her oldest son, Johnny, lived near her and helped with her finances, so Jane added Johnny to all her financial accounts so that he “would be able to help manage finances and pay bills.” Jane died and all her accounts went to Johnny, not equal to all kids. Johnny did not want to make a gift to his siblings, so Jane’s plans were not carried out.

Tommy Smith needed help with his finances. He added his youngest daughter, Sally, to all his accounts and as beneficiary on all his life insurance policies. He didn’t want to pay a lawyer for a “fancy estate plan when Sally can just get everything and divide it among her other five siblings.” Tommy died and all his assets went to Sally. Tragically, before Sally could make any gifts, so died, too. Sally’s surviving husband decided to keep the assets and never gave any to Tommy’s other children.

Delores Dolittle added her son, Dr. D.J. Dolittle, to her accounts, so that he could help her with her bills and other financial matters. Unfortunately, Dr. Dolittle was named in a lawsuit, which he lost. His creditors came looking for his assets to make them whole. The good doctor’s assets now included all of the accounts he shared with his mother. Delores’ nest egg was in jeopardy because Dr. Dolittle was an owner on those accounts.

What is a better way? Create comprehensive financial power of attorney documents, naming your child. This will give them full authority to assist you, but they will do so without ever being the owners of any of your accounts. Then, discuss how to make sure your plan for your legacy can be carried out without probate (if advised). Call us today for an appointment to discuss your estate planning needs.

Is Paying My Son to Build Me a Ramp “OK”?

6/9/2026

Let’s set the scene: Archie is 89 years old. He and his wife, Edith, have been living in their home for the past 65 years. Recently, Archie has been struggling physically, and his dementia has significantly progressed. Their son-in-law, Mike, built a ramp so Edith could safely help Archie into the house. Their daughter, Gloria, has been helping with Archie’s personal care because Archie won’t allow Edith to. Now, all of the family has come together and decided it’s time to ask for help through the Family Care Program to have professional providers assist because Archie’s temper has scared Edith too many times. Archie and Edith believe they financially qualify for Wisconsin’s Long-Term Care Medicaid benefits, but when they apply the Medicaid caseworker asks about the $5,000 check to Mike and the various checks wrote out to Gloria because they think these should be considered “divestments.” Edith calls Gloria in a panic asking what to do!

Paying relatives for services is a topic of concern for many individuals looking to utilize Wisconsin’s Long-Term Care Medicaid benefits. Whether it’s paying one child for personal care or another child for their handy-man skills, the simple answer to whether or not that is “OK” is often “yes.” That said, there is a caveat to that answer. When applying for Medicaid benefits in Wisconsin – including in-home, assisted living, and nursing home care – payments to family are highly scrutinized as to whether or not they are considered a “divestment.” Well, what does that scary word mean? According to the current Wisconsin Medicaid Eligibility Handbook, divestment is the act of transferring ownership of assets or income and receiving less than fair market value in return. Most often, the simple way to describe this is that it’s a gift. You give the gift and you get nothing (or less than the gifts’ value) in return. Divestments (or gifts) result in penalty periods which are periods of time that Medicaid will not pay for your long-term care despite the fact that you need it.

To avoid Medicaid caseworkers deeming services or care provided by family as a divestment, proactive steps, such as consulting with an elder law attorney, should be taken before the service or care occurs. If, like Archie and Edith, payments are identified after the fact, there still may be hope if the amount of the payments falls under a certain threshold and don’t exceed reasonable compensation for the services that were provided.

If you or your family are in a situation like Archie and Edith, or you have questions or concerns related to Wisconsin’s Long-Term Care Medicaid benefits or other elder law issues, contact our office to schedule a time to talk to one of our elder law attorneys. We are here to help.

*** LINK TO MEH CITATIONS
For Divestment:
https://www.emhandbooks.wisconsin.gov/meh-ebd/meh.htm#t=policy_files%2F17%2F17.1.htm

For the Exception:
https://www.emhandbooks.wisconsin.gov/meh-ebd/meh.htm#t=policy_files%2F17%2F17.2.htm

National Elder Law Month

5/4/2026

The National Academy of Elder Law Attorneys (NAELA) has designated May as National Elder Law Month. In 2026, the theme is “Protecting Rights, Fighting Scams.”
Our attorneys at Grosskopf & Burch, along with elder law attorneys across the country, aim to use this month to educate those in our communities about the resources available to assist them to prevent fraud and protect what matters most to them.
During National Elder Law Month, take time to stay one step ahead of the fraudsters with proactive planning, informed decisions, and guidance from our team to help protect what matters most. Knowledge is your first line of defense — planning with one of our elder law attorneys is your next step.
The following are links to resources you might find helpful:
Top Scams Affecting Older Adults
AARP Fraud Watch Network
AARP Fraud Watch Network Helpline – 877-908-3360
AARP Fraud Victim Support Group
AARP Scam-Tracking Map
AARP Veterans Fraud Center
AARP Guide for Families – How to Talk to Fraud Victims

National Healthcare Decisions Day

4/16/2026

National Healthcare Decisions Day is April 16. This is a great opportunity to review your healthcare decision documents (often called Advance Directives or Health Care Powers of Attorney). In Wisconsin, there are three main documents commonly referred to as Advance Directives: Health Care Power of Attorney, Living Will (officially called a Declaration to Health Care Professionals), and a Do-Not-Resuscitate Order (a DNR, which is only issued by a doctor).
When working with clients, our estate plans include Health Care Powers of Attorney documents, if the client does not already have one. A Health Care Power of Attorney is an extremely important document. In your Health Care Power of Attorney, you appoint someone (your “Agent”) to make medical decisions for you if you are unable to make them on your own. Care should be taken in selecting your Agent, as they will be speaking for you after you have been declared incapacitated and unable to make medical decisions. If you do not have a Health Care Power of Attorney, and you are unable to make medical decisions, a guardian would have to be appointed to make medical decisions for you.
If you do not have a Health Care Power of Attorney, you should make plans to get one in place. If you have a Health Care Power of Attorney, now is a good time to review it to make sure the agents you have selected are still the people you want to make decisions for you.
If you have not done any estate planning, please contact us to discuss your overall plan, and how the Health Care Power of Attorney document fits into your plan.

Do Medicare Benefits Cover Nursing Home Stays?

3/3/2026

Hospital stays are often unexpected and almost always stressful. Whatever incident precipitated the hospitalization causes intense emotions that few people are prepared for and they are even less prepared to make the decisions they’ll be faced with next when it includes discharging to a Skilled Nursing Facility (“SNF”). Discharging from a hospital is often a “hurry up and wait" process fraught with the balancing act among choosing the best care, finding “an open bed”, and deciding how to pay for it. Understanding Medicare’s rules for SNF care is essential because confusion about SNF coverage can lead to unexpected bills.

What Is Skilled Nursing Facility Care?
SNF care is short-term, medically necessary care provided in a licensed facility following a hospital stay. SNFs offer a higher level of care than community based residential facilities or assisted living communities. Care must be provided by, or under the supervision of, licensed medical professionals such as registered nurses (RNs).
Why might someone need SNF care?

Recovery after surgery
Rehabilitation following a stroke or serious illness
Wound care or IV therapy
Physical, occupational, or speech therapy
Monitoring and treatment of complex medical conditions

SNF care helps individuals recover and regain functioning with the goal of safely returning home or transitioning to a lower level of care.

When Does Medicare Cover SNF Care?
Medicare Part A (hospital insurance) covers SNF care only if specific conditions are met. To qualify for Medicare-covered SNF care, generally the following requirements must be met:

A qualifying inpatient hospital stay. The person must have been admitted to a hospital as an inpatient for at least three consecutive days, not counting the day of discharge. Time spent in the hospital under “observation status” does not count toward this requirement.
Admission to the SNF shortly after hospital discharge. The SNF stay usually must begin within 30 days of leaving the hospital.
A medical need for skilled care. The care must be medically necessary and require skilled services, such as daily nursing care or rehabilitation therapy that can only be provided by trained professionals.
A Medicare-certified skilled nursing facility. The facility must be certified by Medicare.

If these criteria are met, Medicare Part A may help pay for SNF care on a limited, short-term basis.

What Services Does Medicare Cover in a SNF?
When Medicare covers SNF care, it generally includes:

A semi-private room
Meals
Skilled nursing services
Physical, occupational, and speech therapy
Medical supplies and equipment used during care
Qualifying medications related to the SNF stay
Ambulance transportation to the nearest provider of necessary services if other modes of transportation would pose a health risk

When Does Medicare Not Cover SNF Care?
In some situations, Medicare will not cover SNF care.
Medicare does not cover:

Long-term or custodial care, such as help with bathing, dressing, or eating when no skilled medical care is required
SNF stays that do not follow a qualifying three-day inpatient hospital admission
Care in facilities that are not Medicare-certified
Continued SNF care once the patient no longer needs skilled services

How Much Does SNF Care Cost Under Medicare?
Medicare-covered SNF care is limited to up to 100 days per benefit period (as defined by Medicare), and costs depend on how long a person is approved to stay.

Days 1 to 20: You pay $0 each day after paying the $1,736 Part A deductible amount in 2026.
Days 21 to 100: Part A covers part of the cost. You pay a coinsurance of $217 per day in 2026.
After day 100: You pay all the costs of SNF care.

Medigap (Medicare Supplement) plans may cover some or all the daily coinsurance for days 21 to 100, depending on the plan.

Why Understanding SNF Coverage Matters
Misunderstanding about SNF coverage can lead to financial strain and difficult decisions during an already stressful time. Many people assume Medicare will cover a stay in a skilled nursing facility indefinitely, when in reality, coverage is limited and tied strictly to skilled medical needs.
Before a hospital discharge, patients and caregivers should ask:

Was the hospital stay at least three consecutive days and classified as inpatient rather than observation?
Does the recommended SNF provide Medicare-certified SNF care?
What services will be considered “skilled” and for how long?
What happens when Medicare coverage ends?

What Happens When Medicare Stops Paying?
Often patients and their families are caught off guard when SNF staff approach them and share that Medicare coverage is ending. Unfortunately, this often happens well before the 100 days that was expected to be covered. Payment for care will need to transition to either private payment (this could be use of long-term care insurance benefits or personal cash reserves and retirement funds) or Medicaid (means tested government benefits that pay for long-term care). Finding oneself needing to privately pay for care, or unexpectedly apply for Medicaid, adds substantial stress to an already overwhelming situation.

Is There A Way To Plan Ahead In Case I Am In This Situation?
Beyond knowing what Medicare will cover, proactive planning to protect your assets now and decide how to fund your long-term care later will help to decrease the strife when the unexpected happens. If you are interested in assessing options customized to your situation, contact our office to schedule a time to talk to one of our elder law attorneys about protecting your life savings should nursing home care be needed in the future. We are here to help you and your family be prepared.

My Will Means I Avoid Probate, Right?

2/16/2026

Unfortunately, having a Will does not automatically allow you to avoid probate. This is a common question clients ask. They often have a Will and believe that merely naming a child as the personal representative will give that child the ability to carry out their wishes after death.
Most clients want to avoid probate. Their family has either had a bad probate experience, or they’ve heard horror stories. They are surprised when I tell them their Will does not do what they think. Just the opposite: their plan actually forces their loved ones to go through probate.
Why does a Will require probate? Because by itself, a Will does not give legal authority to anyone. Probate is the process by which the court authorizes someone (the personal representative) to actually carry out the wishes in your Will. Without the court’s authority, the personal representative does not have legal authority to sell real estate or vehicles.
If you are not afraid of probate, I still recommend having a Will. A Will helps streamline the probate process. It also allows you to clearly state your wishes. Without a Will, you are left to the mercy of Wisconsin’s law of intestacy, which sometimes have a plan much different than what you would like to do. For example, a child you would rather not receive anything would automatically be included under Wisconsin intestacy law.
If you’d rather not have your family go through probate, there are ways to avoid it. Naming beneficiaries on accounts or incorporating a trust in your plan are common ways to avoid probate. In addition, Wisconsin law allows married couples to use marital property agreements to avoid probate, and anyone to utilize a general nonprobate transfer document under chapter 705, providing tremendous flexibility, often at a cost that is less than a trust.
Whether you prefer a Will or a probate-avoiding option, you should consult with an experienced estate planning attorney to make sure your plan will carry out your wishes. Contact our office today to set up an appointment to discuss your unique planning needs.

Why Does Probate Take So Long?

1/14/2026

A common reason clients want to avoid probate is the time it takes to settle an estate (typically 9-12 months). When probate is unavoidable, what are some things to avoid?

Contested Wills. Clients can contest who is named personal representative, the fairness of distributions, and even the validity of the Will. These contests take time. Often, lawyers get involved, increasing the costs.
Incomplete Documentation. Not providing complete information slows down the process. Each time our office must contact a client or beneficiary of an estate takes time. It also increases fees. To help speed things along, answer questions promptly and completely.
Cleaning Up Titles. It is not uncommon for a married couple to assume nothing needs to be done when the first spouse passes away. That is not always the case. If the surviving spouse (or family) didn’t update account titles, car titles, or real estate deeds, extra steps may need to be taken when going through probate for the second spouse. These extra steps add to the probate process.
Beneficiary Disputes. Grudges, hurt feelings, and unresolved issues commonly bubble to the surface, causing delays to sort through the issues beneficiaries may have with each other. In addition, trying to do what “Mom and Dad wanted,” even though Mom and Dad didn’t put it in writing can cause significant delays and costs. Every conflict can’t be avoided, but trying to keep the focus on carrying out Mom and Dad’s written plan can go a long way to making the probate process more streamlined. Remember, if it is not in writing, it generally is not enforceable.

Probate delays can be frustrating for families who just want to move on. To avoid them, it's smart to plan. Talk to one of our lawyers about making your intentions clear, as well as ways to carry out your plan without the need for probate. We are here to help you and your family.

Will vs. Trust: Which do I need?

12/15/2025

When planning for the future, there seems to be an ongoing battle between two important tools: wills and trusts. Both documents allow you to determine what happens to your things after you pass away, but they work in different ways.
A will is a written document that explains who should get your belongings when you die. It can also name a guardian for young children. A will only takes effect after you pass away. But there’s something important to know: a will must go through a legal process called probate. Probate can take months, sometimes longer. It can also cost money. During probate, your will becomes part of the public record, which means people can see what you owned and who you left it to. A will is simple and useful, but it does not avoid probate.
A trust is also a written document that explains who should get your belongings when you die. However, a trust becomes the actual owner of your things. Ownership can be transferred to the trust while you are living by changing the title of your things to be the trust (e.g., home, bank accounts, or investments). Alternatively, you can direct the ownership change to the trust upon your death via a marital property agreement or beneficiary designation. Because the trust is the owner, there is no need for the court to be involved through probate. When you pass away, the person you choose to manage the trust (your successor trustee) can immediately follow your instructions.
How do they compare?

Cost: A will usually costs less to set up. A trust costs more upfront, but may save money later.
Privacy: A will becomes public in probate. A trust stays private.
Speed: A trust transfers things faster because it avoids probate.
Control: Both let you control who gets your things, but a trust gives more options—such as giving money to children over time instead of all at once.

Which One Should You Choose? There is no one-size-fits-all, so it is important to meet with an attorney who specializes in estate planning to discuss the best way to design your estate plan to carry out your wishes.
Contact our office today to meet with one of our attorneys to start putting your plan in place.

My Spouse Is In The Nursing Home - Am I Going to Go Broke?

11/4/2025

Paying for long-term care, especially nursing home care, can seem daunting when the cost can be $10,000 to $12,000 per month – or more. When a married couple in Wisconsin is no longer able or interested in privately paying out of pocket for care and they choose to apply for Medicaid, they learn quickly that it’s not a simple process.

Who can apply for Medicaid? A Medicaid applicant is someone residing in a nursing home, a community-based residential facility or an assisted-living facility, or receiving in-home care, who would like public assistance to help pay for their care.

What makes someone eligible to be on Medicaid in Wisconsin? To be eligible for Medicaid benefits in Wisconsin, a single applicant’s asset limit is $2,000 in addition to various “exempt assets.” However, Medicaid law provides special protections for the spouse of a Medicaid applicant – also known as the “community spouse” – to ensure the spouse has the minimum support needed to continue residing at home and to not be financially strapped while the other spouse is receiving long-term-care benefits.
In 1988, Congress enacted the Medicare Catastrophic Coverage Act which includes the Medicaid law that protects community spouses from being forced to utilize all of the couple’s assets on only one of the spouse’s long-term care costs. Those rules are now known as the “spousal-impoverishment rules.” Spousal-impoverishment rules include the community-spouse resource allowance (“CSRA”). In Wisconsin, the CSRA is also known as the community-spouse asset share (“CSAS”). The CSRA/CSAS is the total “countable assets” the community spouse is allowed to keep in addition to the applicant spouse’s $2,000. They may include cash, stocks, bonds, life insurance, cars, tractors, ATVs, UTVs, boats, snowmobiles or any other assets not deemed exempt or unavailable. The community spouse is allowed to keep as much as one-half of the couple’s total countable assets. The most a community spouse is allowed to keep without a hearing or a court order is $157,920. The federal government set a standard in 2022 that the least a state may allow a community spouse to retain is $27,480. Some states are more generous to the community spouse; in Wisconsin, the minimum is $50,000.

When does a couple’s assets get counted? In order to assess if a couple is under the CSRA/CSAS, a couple’s assets are analyzed on a specific date, and this date can affect two major issues:

How much money the couple needs to spend, or plan with, before qualifying for benefits, and
How much a community spouse is allowed to keep.

This date is called the “snapshot date,” and is when Medicaid is taking a picture of the couple’s assets as of that specific date.
In Wisconsin the snapshot date is one of two dates:

The date of “institutionalization” – meaning the date on which the Medicaid applicant enters either a hospital or a long-term-care facility (i.e. a nursing home or assisted living facility), in which he or she then stays for at least 30 consecutive days
The date the Medicaid applicant was first determined functionally eligible by the applicant’s local Aging and Disability Resource Center for the home and community-based waivers program. This includes care in a community-based residential facility, assisted-living facility or in-home care.

On the snapshot date, the couple’s total assets is determined, excluding the couple’s house and other “exempt” or “unavailable” assets. After that, the agency determines how much the community spouse can keep according to the calculation of the CSRA/CSAS, as previously described. If the couple’s asset level is over the CSRA/CSAS, this will stop them from qualifying for benefits. They will need to “spend down” assets, or engage in planning to address, the address the excess funds.

Can you give me an example of how this works? Of course! Bill needs nursing-home care. Bonnie is Bill’s wife, so she is Bill’s “community spouse.” Living in Wisconsin, Bill and Bonnie have three possible outcomes based upon their assets on the snapshot date.

If Bill and Bonnie have $100,000 or less in assets, Bonnie will be allowed to keep $50,000 – the minimum CSRA – and Bill will be allowed to keep $2,000.
If Bill and Bonnie have $200,000 in countable assets, Bonnie will be allowed to keep half of the couple’s assets. Bill will be eligible for Medicaid once their assets have been reduced to a combined figure of $102,000 – $100,000 for Bonnie and $2,000 for Bill.
If Bill and Bonnie have more than $315,840, Bonnie will be allowed to keep $157,920 – the maximum CSRA – and Bill will be allowed to keep $2,000.

When the CSRA/CSAS calculation occurs Bill and Bonnie may be told that they have too much money and they need to “spend down” before being eligible for benefits. That would be the case in the above scenarios with the extra 1.) $48,000, 2.) $98,000 and 3.) $155,920. We work with families to create plans that will aid the community spouse in preserving their “extra” assets to maintain their standard of living.

Proactive planning can help determine the best time to apply for benefits, how to maximize assets the couple is allowed to keep, and how to preserve assets for the community spouse in order to not experience financial hardship paying for long-term care.

October is National Special Needs Law Month

10/13/2025

Families caring for loved ones with disabilities often face complex legal and financial decisions. Special needs planning goes beyond legal documents — it’s about protecting futures, ensuring quality of life, and providing peace of mind for families. Special needs planning attorneys help families navigate these complex issues, including public benefits, long-term care, powers of attorney, and guardianships, special needs trusts.
Your loved one’s future deserves careful planning, not uncertainty. During Special Needs Law Month in October, take steps to protect what matters most — access to benefits, long-term care, and quality of life. Thoughtful legal planning brings peace of mind today and security for tomorrow. Additional information can be found here.
Call us today to schedule your consultation.