When we place our loved ones in the care of a nursing home we expect that they will be properly treated and cared for. Sadly, there are many instances where negligent care is given. In one recent case, a nursing home resident was seriously injured after being scaled by hot…
Articles Posted in Elder law estate planning
Back to the Basics – Understanding Contested Estates
Probate and Contested Estates When an individual dies, their transfer of property through the legal system is known as probate. During this process, the court determines the validity of a legally formed will or a how property will be distributed if it has not been designated to be inherited by…
The Importance of a Will: The Differences in the Estates of David Bowie and Prince
David Bowie’s Estate This year, we lost two music icons. While the death of Prince came as a surprise to the music community, David Bowie lost his battle with cancer. It was not surprising that David Bowie’s estate was left with almost $100 million dollars, a very large sum of…
How to Disclaim Inheritance
Claiming inheritance upon its distribution is something that many individuals welcome and conversely is the source of many family disputes. There are many reasons why someone may want to refuse their bequest however, in a process in estate planning referred to as disclaiming inheritance. Some beneficiaries seek to disclaim their…
Back to the Basics – Do Not Resuscitate Orders
Advance Directives When determining the type of health care you wish to receive in the event that you are no longer able to make medical decisions, advance directives give you the ability to determine when you will continue or cease to receive medical care, the kinds of care or treatment…
Two Wills, Two Different Countries
International Will Issues As our world continues to grow and technology allows us to move places once never thought imagined, many individuals have the opportunity to live abroad throughout the course of their lives. After spending time in a specific area, whether it is for the majority of your life…
SPECIAL NEEDS TRUSTS AND GOVERNMENTAL BENEFITS
CERTAIN LIMITATIONS ON SPECIAL NEEDS TRUSTS Last year a case out of the Western District of Massachusetts Federal District Court dealt with the interplay of a special needs trust and eligibility for certain governmental benefits that the special needs trust was supposed to address. The case of DeCambre v. Brookline…
LONG TERM CARE THROUGH LIFE INSURANCE POLICY
CONVERSION OF LIFE INSURANCE DURING LIFE OF COVERED INDIVIDUAL As this blog discussed in the past, long term planning insurance is something that many consumers are reluctant to purchase for a number of reasons One of the main reasons for this reluctance is the long term cost may not financially…
TOOLKIT TO HELP PREVENT SENIORS FROM FALLING
SIMPLE GUIDELINES, EASY TO UNDERSTAND AND FOLLOW The Center for Disease Control (CDC) released guidelines to help prevent and mitigate falls among senior citizens in 2012. The CDC program is called STEADI, an acronym coming from the full title Stopping Elderly Accidents, Deaths and Injuries. Research shows that falls are…
PERSONAL INJURY AND MEDICAID: WHY WOULD STATE GET INVOLVED IN PERSONAL INJURY SETTLEMENT?
It is a fortunate state of affairs that it is happening less and less, with the requirement for every American obtain health insurance under the Affordable Care Act (often called Obamacare), that some people do not have proper health insurance coverage for a catastrophic injury. It is still unfortunate that…