Elder Law

If There is No Last Will and Testament, Who Will Inherit Your Estate?

Last Will and Testament - If There is No Last Will and Testament, Who Will Inherit an Estate?When it is said that a person has died intestate, it means that they died without leaving a Last Will and Testament. A Last Will and Testament is among the documents we call, “the four must-have legal planning documents.” The other three documents include: Durable Power of Attorney, Health Care Proxy, and Living Will.

The purpose of a Last Will and Testament is to express your wishes and identify who is to receive your property and assets upon your passing. It is imperative to complete a Last Will and Testament if you want to have a say on who receives your assets when you are no longer with us.

Read More

Can I Get Paid to Care for Mom & Dad?

Can I Get Paid to Care for Mom & Dad?Many years ago, there were certain restrictions for home care. It used to be that, in a home care setting, if somebody wanted to hire help outside of an agency to care for mom and dad, that hired person could not be a family member.

Caregivers often ask, “I stopped working because I need to take care of my mom; can I get paid for this?” The answer, traditionally, has been, “No.”

Read More

What is the Difference Between Revocable and Irrevocable Trusts?

What is the Difference Between Revocable and Irrevocable Trusts?A trust is established by people looking to maintain control of their assets while avoiding the probate process, which is the process by which a family takes the decedent’s will to court. As part of probate, the court reviews the estate and then gives authority to distribute the decedent’s assets.

Read More

3 Reasons to Avoid Probate

3 Reasons to Avoid ProbateWhen a person dies, his or her estate may need to go through probate. If the decedent leaves a will directing how his or her property should be distributed after death, the will must be submitted to the probate court so that it can be approved as a valid document. During this process, all of the parties that have the legal right to notice will be informed of this proceeding. This will give them a chance to accept or object to the approval of the will.

Read More

What Happens to Nursing Home Residents During a Natural Disaster?

What Happens to Nursing Home Residents During a Natural Disaster?As the fourth anniversary of Hurricane Sandy approaches, it is important to remember the loss of life and brutal destruction that was left in the wake of its path—in order to be more prepared for the future.

Before the next devastating storm hits our shores, it is crucial to make sure we are ready to provide the appropriate relief to all residents, especially those within our most vulnerable populations, such as residents of nursing homes and assisted living facilities.

Recently, the Centers for Medicare & Medicaid Services (CMS) finalized a new rule establishing emergency preparedness requirements for healthcare providers participating in Medicare and Medicaid. The new rule is aimed at increasing patient safety during emergencies and establishing a more coordinated response to natural and man-made disasters.

Read More

Organizational Apps That Help You Move & More!

Organizational Apps That Help You Move & More!Our practice produces many important documents for elderly clients. Clients may forget where these documents are located within their home, lose track of the documents’ location over the course of a move, or may pass on without sharing the actual documents (or their location) with their children, executor, or guardian.

There are a few smartphone apps that can assist individuals and families to keep track of important documents such as wills or advanced directives (healthcare proxy, etc.). This tool works in conjunction with the app’s ability to catalog the contents of entire homes. This umbrella function helps with ongoing organizational efforts as well as moving assistance.  

Read More
Back To Top
Search