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Basics of Estate Planning with Cryptocurrency

By, Lydia Mrowiec, Elder & Disability Law Clinic Student, Fall 2022  Although the crypto market has been hit hard, cryptocurrency and its future are not dead.[1]  What is cryptocurrency? Cryptocurrency is any form of digital currency that uses cryptography to secure transactions and uses a decentralized system to record transactions and to issue new currency […]

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Navigating Conflict of Laws in Estate Planning

By, Zois Manaris, Elder & Disability Law Clinic Student, Fall 2022 The best way to assure that one’s property passes as one would like is to execute a valid will.[1] If someone dies without a valid will, their estate will pass via intestacy, a one-size-fits-all approach written by the relevant state legislature.[2] And the state […]

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Social Security Administration Faces Growing Backlog Post-Pandemic

By, Rebecca Roberts, Elder & Disability Law Clinic Student, Fall 2022 After a two-year hiatus caused by the COVID-19 pandemic, the Social Security Administration (SSA) re-opened its field offices in April 2022.[1] The agency, however, faces an ever-increasing backlog of cases caused by years of underfunding and compounded by the national pandemic.[2] While the number […]

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Social Security Benefit Deferral: What to Know

By, Bobby Nevin, Elder & Disability Law Clinic Student, Fall 2022 Social Security is one of the main federal benefits programs available to retirement-age Americans. The Social Security Administration (“SSA”) administers three main benefits programs: Old Age and Survivors Insurance (“OASI”), Disability Insurance (“DI”), and Supplemental Security Income (“SSI”).[1] OASI provides retirement and survivors benefits […]

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Don’t Put it Off: How to Have a Proactive Conversation about Dementia

By, Scott Bauer, Elder & Disability Law Clinic Student, Fall 2022 Dementia effects 3% of the American population aged 70-74 and more than a third of people aged 90 or older.[1]  The speed at which dementia progresses can vary from person to person, such that some individuals suffering from dementia can continue living independently for […]

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Damned if you do, damned if you don’t: Planning for the future and how to avoid financial threats from outside parties and from the people you know

By, Harlin Oh, Elder & Disability Law Clinic Student, Fall 2022 Every year, over 10% of those aged 65 and older will experience some form of elder abuse.[1] That means up to five million older Americans are abused each year.[2] Elder abuse comes in many forms including, financial fraud and exploitation, caregiver neglect, psychological abuse, […]

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Intent and Intestacy in Virginia

By, Alexandra Wallach, Elder & Disability Law Clinic Student, Fall 2022 One of the governing principles of property rights in the United States is freedom of disposition.[1] This is the idea that each person has a right to decide what happens to their property after death.[2] The law, barring a few limited exceptions, strives to […]

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Act Before the Need for a Guardianship

By, Nicole Salvatore, Elder & Disability Law Clinic Student, Spring 2022 In recent years, there have been concerns over the restrictive nature of guardianships.[1]  Guardianships are put into place by court orders.[2] In these orders, the court appoints someone to make decisions for people who no longer have the capacity to do so themselves; these […]

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Revocable Trust as an Estate Planning Tool for the Elderly: Advantages and Associated Risks

By, Sun Shen, Elder & Disability Law Clinic Student, Spring 2022 A revocable trust, also known as an “inter vivo trust” or “revocable living trust,” is a trust created during a person’s lifetime that holds his or her assets.[1] In the event of illness, disability, or incapacity, a revocable trust can be an effective estate […]

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Inheritance for Adopted and Blended Families in Virginia

By, Alexa Deutsch, Elder & Disability Law Clinic Student, Spring 2022 Families and households in the United States take a variety of different shapes. For example, according to the Pew Research Center, one in six children in the United States is living in a blended family.[1] The United States Census Bureau defines a blended family […]