One of the most frequent questions that we get asked at our office is whether or not a surviving spouse or beneficiaries are personally responsible for paying the outstanding debts of a decedent after his or her death.
Have you heard the saying that planning for death is about one notch above getting a colonoscopy on a person's to do list?
Most people who call our office for estate planning advice assume that getting a Will is the most important activity when doing estate planning. However, based on over 30 years of practice in this specific area of law, we know that the prior assumption is not the always the case.
Estate Planning, in simple terms, is the legal process that takes care of yourself and your property, both during your life and after your death. Estate planning is not synonymous with wealth planning. A common misconception is that you have to have a lot of money in order to do estate planning, an area of law that requires an intricate knowledge of the probate, tax, and trust code, and how they all work together.
If a Will has been drafted and executed properly by a qualified estate planning attorney, then the chances of heirs having an estate battle over an inheritance is minimized. However, even when a Will has been prepared and executed properly, sometimes problems will happen anyway after a person's death.
Although Ohio law does not limit the age of a Power of Attorney (POA), financial
institutions often enforce their own rules about this document.
Unfortunately, because Ohio has no law requiring any business to accept a Power
of Attorney, some banks, financial institutions, and real estate closing agents
may refuse to accept a Power of Attorney due to its age.
The U.S. Department of Veteran's Affairs just announced that they recognize Nancy Roberson as "an accredited attorney for the preparation, presentation, and prosecution of claims for Veterans benefits before the Department of Veterans Affairs (VA)." The accreditation involves going through an application process that includes personal and professional references and job experience.
Managing Alzheimer's in its early stages can be very challenging for both the patient and the family members. Alzheimer's patients can learn coping mechanisms to try and manage the disease while family members attempt to care for the patient without destroying the patient's dignity.
View a video about one family's journey through this challenging process. http://vimeo.com/58582155
A Personal Services Agreement (PSA) is a contract between two or more people. The purpose of a PSA is to provide a written contract for services in exchange for payment for those services. The services usually include care of a person (the recipient), such as bathing, feeding, and transportation, and care of a person’s property, such as bill paying and managing finances. A PSA can also enable the service-provider (the caregiver) to be reimbursed for out-of-pocket expenses incurred during the course of the caregiving.
Who remembers the time when the chances were about 50% that a caller was actually a friend or family member due to the telemarketers who would prey on you at all hours of the day, particularly at dinner time? Seniors, however, continue to be prey to the telemarketers because many don't know about registering their telephone number on the Do Not Call registry, and those who have registered their home phone number have forgotten to register their cell phone number.