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What would you do if you thought a family heirloom was being misused? Or your grandmother’s deathbed wishes disrespected? A distraught letter writer asked the Slate advice columnist, “Dear Prudence,” for some advice on this topic, which many families have to deal with. Her answer is a good reminder that sometimes the law offers unsatisfying solutions to real-life problems. The Diamond Drama The letter writer was one of seven granddaughters who received a diamond pendant necklace made from a stone that was previously one of many on her grandmother’s wedding band. She claims it was one of her grandmother’s final wishes before her death that each granddaughter receives a stone from her ring, with the understanding that the jewels would be kept in the family. The letter writer’s grandfather apparently shared this wish because he had his deceased wife’s wedding band broken up and made into seven necklaces, which he then gifted to his seven granddaughters. The letter writer’s sister no longer wears the necklace she was gifted. Instead, she has given it to her soon-to-be-wife. The letter writer and other family members were upset since the necklace is no longer “in the family.” They asked Prudence for advice on how to handle the situation. Prudie wisely responded that “a gift is a gift.” It would be rude for the family to complain to the sister that her loved one should not be wearing the necklace. This is probably not the answer the letter writer was hoping to receive, but it is a good one. Not Just Good Manners Minimizing the diamond drama by respecting the sister’s right to give away something that others consider a family heirloom is not just good etiquette, it’s in line with the law. Once a gift is given to someone as part of the estate administration process, it is theirs to do with as they see fit. The only way to prevent a gift from being re-gifted or sold out of the family is to place a condition on the gift in your estate plan. However, courts do not like to enforce language that limits the transfer of an item supposedly gifted or inherited by a new owner. It makes for messy courtroom battles that are more about hurt feelings than justice, so the courts try to avoid or void conditional terms. The best way to ensure that certain family heirlooms or even a piece of property remain “in the family” is to create a trust that can take over ownership rather than entrusting them to individual family members. Putting real or personal property into a trust allows the person who creates the trust to set some guidelines for how the property is to be used going forward. If trustees and beneficiaries are carefully selected, the property may be protected for many years to come. If you would like advice on how to protect your family heirlooms or want to attempt to rescue an item from a family member you believe is squandering their inheritance, we are all ears. After learning about the situation you are in, we can help you determine what options are available to you, and guide forward along whatever path you believe is best.

Just two days before he took his own life, accused sex trafficker Jeffrey Epstein executed a new estate plan. It provides a glimpse at what assets might be available to his alleged victims but also keeps many things about his finances a secret. What Might Victims Receive? One of the important things an estate plan does is ensure that the deceased person’s creditors are paid off. In Epstein’s case, there is a big question mark here because all of his alleged victims may have a chance to claim damages against his estate. If claims by victims are successful, there appears to be a significant amount of money to go around. Court documents filed in the U.S. Virgin Islands reveal that Epstein left behind an estate worth over $577 million. Since court documents, including probate documents, are public records, they are open to public inspection. Epstein’s reveal he had $56.5 million in cash; $14.3 million in fixed-income investments; $112.6 million in equities; and $194.9 million in hedge funds and private equity investments at his time of death. He also owns a lot of valuable property through holding companies: A $55.9 million townhouse in Manhattan, A $17.2 million ranch in New Mexico, His Palm Beach mansion, worth $12.3 million, Several units in a building in Paris worth $8.67 million, Great St. James Island, which is worth more than $22.49 million, and The $63.87 million Little St. James Island. He also owned “Aviation Assets, Automobiles and Boats” worth $18.5 million and “Fine Arts, Antiques, Collectibles, Valuables & Other Personal Property” that are “subject to appraisal/valuation.” It is unclear what, if any, of these assets will go to his alleged victims. Sorting that out will likely take years. Beyond compensating victims and paying off other debts, what happens to Epstein’s fortune remains a mystery. Trusts Shield Details From The Public While we know what assets Epstein owned at the time of his death, we know very little about what he wanted to be done with those assets after his death. Epstein’s will is a classic pour-over will that pours all of his assets into a trust at the time of death. After all of his debts have been paid, Epstein’s will says that all of his assets are to be distributed to the acting trustees of “The 1953 Trust.” Trust documents are not public documents, so unless someone leaks trust documents to the press or comes forward to identify themselves as a trustee, we will never know the recipients of Epstein’s fortune. This is frustrating considering the awful crimes he allegedly committed, but it is also a bit reassuring. One of the main reasons people use trusts to do estate planning is because they provide a shield from public scrutiny. If the law is strong enough to protect the privacy of Epstein, who reporters would pay a fortune to know more about, it is certainly strong enough to protect the rest of us, who have fewer resources and less sinister histories.

They say blood is thicker than water, but sometimes promises made between family members don’t hold water. Some of the most heart-rending cases our firm has ever been involved with are situations where broken promises between family members make years of love seem like a lousy investment. Situations where formal estate planning would have provided some certainty and protection from pain, but everyone thought their promises to one another would be enough. I Will Care For Them… If You Will Care For Me Many families in the Houston area have several generations living near enough to one another that they see each other every day. It is a blessing, but it can also cause problems. All too often grandparents who gladly spend their retirement babysitting their grandchildren with an understanding that they would eventually be taken care of by their children call us asking for help. The day has come when they are the ones asking for help instead of giving it, and the sandwich generation — the one with both their children and their parents calling out for help — is spread too thin. Broken Promises What can you do when you have given years of your life to your family, and they can’t give you back the love and care they promised? There is no easy answer to this question. The best thing to do is look forward, not back. The love you gave was not wasted, but sometimes love is not enough. Love can’t give your loved ones the strength or the money they need to care for you as you grow older and need assistance. So, as a neutral third party, we come in and assess the situation. Making A New Plan We figure out what sort of care you will realistically need in the coming years, how much it will cost, and what assets you currently have that can or will be called on to pay for everything. It is the same sort of analysis we do when anyone comes into our office for estate planning advice, but we appreciate that the reality is we may be working with you on a shorter timeline. There is always a gap between what resources you have and what you might need in a worst-case scenario, so we work with you to structure your assets so you can tap into government benefits without giving up everything you have scrimped and saved for your entire life. There is no shame in doing this. The majority of all people end up relying on these benefits, whether they admit it or not. Figuring Out The Future If you are angry with your family for failing to provide you the care they previously promised, you might not care what sort of legacy you leave them. That’s fine. We understand. We won’t pressure you to change your mind. But our firm can show you how to put assets into a trust that your loved ones can tap into after you are gone if certain conditions are met. If those conditions aren’t met, the assets can instead go to a charity or cause you care deeply about. Moving Forward If you are in a situation where your loved ones are not living up to the promises they made regarding your long-term care, the Your Legacy Legal Care can help. Contact us today to schedule a meeting with our experienced team of estate planning attorneys.

A recent article in Bloomberg Businessweek is a poignant reminder that there are laws dictating what will happen if you fail to make an estate plan. The story explains how government officials and heir hunters tracked down the estranged family of a frugal millionaire and passed on his fortune to the next generation. It is a stark look at the current intestacy system, and a reminder that without an estate plan in place, you have no say over anything that happens after you are gone. A Portrait Of A Millionaire The millionaire in question is not someone who you would have read about in the society pages or saw on reality TV. No, Eugene Brown, was a quiet man who kept mostly to himself. The police discovered he had died after the mail carrier reported that he had not greeted her at the door for the previous week like he typically did. Brown was found dead in his bathroom in a pool a dried blood. He had suffered a stroke and broke his nose falling to the ground. Representatives from the local office of the public administrator were called in after an initial sweep of the house failed to reveal the names or contact information for any surviving relatives. They began their search, but were surprised by what they were and were not finding around Brown’s home. Brown had no TV, no radio, no computer, and no cell phone. He had little to no furniture, not even a bed. What they did find was a military uniform, lots of religious books, and a file cabinet full of financial records revealing Mr. Brown was a multi-millionaire. Where Do You Go From There? The public administrators also found a box of index cards with names and addresses on them. One indicated it was an emergency contact. The administrators reached out and learned Brown had kept in contact with this person, his cousin, over the years. Other relatives were harder to locate. In fact, it was only after an heir-hunting firm saw the court record generated when the public administrator filed Brown’s probate case that any other blood relatives came forward. The heir-hunting firm re-constructed Brown’s family tree by combing through public records and found a niece and three nephews, his sister’s children. One of them admitted they did not know their uncle was still alive. Although they did not grieve his death, these four are the people who ended up inheriting Brown’s estate under California’s intestacy laws. These laws, which dictate what happens to a deceased person’s property if the person did not make an estate plan, pass everything on to the nearest blood relatives. Texas law works the same way. The person who seemed most upset by Brown’s death was his financial advisor, who wept when he learned of Brown’s passing. He and Brown had spoken on the phone each day for years. He claims they frequently discussed Brown’s religious views — he was a devout Catholic. In fact, tucked into the file cabinet with all the financial information was a brochure from Catholic Relief Services titled “Making Your Will: A Good Steward’s Guide” and an unsigned estate planning form from Merrill Lynch designating that charity as the sole beneficiary of his investments. Is What Happened Right? The article leaves you wondering… is what happened right? From a legal perspective, the answer, as far as we can tell, is yes. Everything happened by the books. This is how things are supposed to work when someone dies without an estate plan in place — the closest relatives split everything. From a moral perspective, this question is harder to answer. Would Mr. Brown have preferred to leave his fortune to Catholic Relief Services? If so, why didn’t he sign the form that would have made that happen? Would he rather his money pass to the relative he kept in touch with instead of people who thought he was dead? Maybe, but it doesn’t matter now. After someone has died without an estate plan in place we can’t guess what they would have done in an alternate universe where they executed an estate plan. This is why it is critical to do more than talk to your family about your end of life wishes, or half-way DIY some documents. If you are ready to make sure your estate planning wishes are respected, we are here to help. Please contact our Houston area firm to schedule a reduced fee consultation.

Most laws in the United States have their roots in English Common Law. The original 13 colonies were British colonies, governed by British laws, and after the Revolution many British laws were adopted as the foundation of the new country’s legal system. As people moved West, they brought the laws they knew with them, so an Americanized version of English Common Law is the basis of most estate planning law, property law, criminal law, contract law, etc. throughout the country. However, as anyone who knows their Texas history may suspect, things here are a bit different. During the American Revolution, Texas was Spanish territory. The people here were therefore governed by Spanish law. As we made the shift from Spanish to Mexican, and then to an independent republic, we carried an affinity for Spanish law with us. Even today, there are state laws in Texas that are radically different from similar laws in other states because our law is Spanish-based while most other states follow English common law. (Louisiana is similar to Texas in this, except that many of its laws are French.) One area of law that is strikingly different in Texas than in other states is our property law. Texas is one of nine states that is a community property jurisdiction. In general, this means that any property acquired by a couple during their marriage is equally owned by both spouses. The other states follow the common law, which says property belongs to the person who owns the title to it. Where Does Community Property Come From? The principle of community property is derived from the Spanish Law of Castile and ultimately from Visigothic custom. It is generally viewed as being more fair to women, since a wife can take over ownership and control of her husband’s property at his death even if she is not listed as a co-owner on the title. The law assumes that spouses co-own undivided equal shares of all the property owned by either partner. In Texas, all property owned by either member of a couple is presumed to be community property unless it is proven that the property is instead “separate property” owned by just one individual. Texas defines separate property by statute as: the property owned or claimed by the spouse before marriage; the property acquired by the spouse during marriage by gift, devise, or descent; the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage. A person who owns separate property can do whatever they want with it without consulting with his or her spouse. When a couple divorces, separate property is not considered in the division of assets because it already belongs to just one of the spouses. In the estate planning world, the distinction between community and separate property is important for two reasons. First, we need to make sure both types of property are transferred to the person or people the owner or owners wish upon the first spouse’s death and the second spouse’s death. For example, assume that you have a valuable piece of property on the Gulf that you inherited from your great aunt. When you die, do you want your spouse to own the property, or would you like to pass it on to your great nephew? Because you inherited it, it is your separate property, so you get to decide. If, however, you purchased the property after you were married, and you die, your spouse may now have sole ownership of the property since if it was community property. In this second scenario, your spouse would get to decide how to dispose of the property, unless you said in a will that you wanted to leave your one-half to your great nephew. The second reason the distinction between separate and community property is important in estate planning is because property that is given to someone by gift, devise, or descent is classified as separate property. This means that whenever you give someone a gift, or if you remember someone in your estate plan, the item you give them is theirs and theirs alone — even if they are married. This is important if the person you give a gift or bequest to gets divorced or they themself die and their estate plan gives the property to someone other than his or her spouse. Contact Our Office with Your Estate Planning Needs This may all sound a bit complicated, but it is actually very straightforward once you get the hang of it. The lawyers at our firm have years of experience working with both community and separate property, and at the end of the day, our goal is always to help you leave your property to the loved ones you want to have it. If you are worried about what will happen to a piece of property or an item you own that you want to give to someone else, please call our Houston office to discuss your concerns with one of our experienced attorneys.

The life of Sam Houston is the stuff of legend. He left home at a young age to live with the Cherokee, led the Texian Army to victory at the Battle of San Jacinto, and is the only man elected to serve as the governor of two different states — Texas and Tennessee. You might assume that someone who lived such an extraordinary life, or who died so long ago, would have radically different estate planning needs than those of us who live normal lives in the modern world. However, a look at Houston’s will reveals he had many of the same concerns and goals as we do today. Sam Houston’s will As you can read below, thanks to the Travis County Clerk, Houston’s will includes many of the same things that modern wills do. It disposes of important personal property, pays off his debts, names people who will execute the will, and names someone as guardian in case he and his wife die while their children are still minors. In the name of God, the Father, Son and Holy Spirit, I, Sam Houston of the County of Walker and State of Texas, being fully aware of the uncertainty of life and certainty of death, do ordain and declare this my Last Will and Testament. First: I will that all my just debts be paid out of my personal effects, as I think them sufficient, without disposing of any of the family servants. Second: I bequeath by entire remaining estate to my beloved wife Margaret, and our children, and I desire that they may remain with her, so long as she may remain in widowhood; and should she at anytime remarry, I desire that my daughters, should be subject to her control so long as their minority lasts; Third: My will is that my sons should receive solid and useful education, and that no portion of their time may be devoted to the study of abstract sciences.  I greatly desire that they may possess a thorough knowledge of the English language with a good knowledge of the Latin language. I also request that they be instructed in the knowledge of the Holy Scriptures; and next to these that they be rendered thorough in a knowledge of Geography and History.  I wish my sons early taught an utter contempt for novels and light reading. In all that pertains to my sons I wish particular regard paid to their morals as well as character and morals of those whom they may be associated or instructed. Fourth: I leave to my wife as Executrix and to the following gentlemen as my executors, Thomas Gibbs, Thomas Carothers, J. Carroll Smith and Anthony M. Branch, my much beloved friends, in whom I place my entire confidence, to make such disposition of my personal and real Estate as may seem to them best for the necessities and interests and welfare of my family. Fifth:  To my dearly beloved wife, Margaret, I confide the rearing, education and moral training of our sons and daughters. Sixth.  To my eldest son, Sam Houston, Jr., I bequeath my sword worn in the battle of San Jacinto, never to be drawn only in defense of the Constitution, the laws and Liberties of his Country.  It any attempt should ever be made to assail one of these, I wish it to be used in its vindication. Seventh: It is my will that my Library should be left at the disposition of my dear wife. Eighth:  To my dearly beloved wife, I bequeath my watch and all my jewelry, subject to her disposition. Ninth: I hereby appoint my dearly beloved wife, Margaret, Testamentary guardian of my children, their Persons and Estates during minority;  But should a wise Providence, through its inscrutable decrees see fit to deprive our offspring of both parents and make them orphans indeed, it is hereby delegated to my executors who are hereby confirmed. J. Carroll Smith, Thomas Carothers, Thomas Gibbs and Anthony M. Branch to make such disposition in regard to their welfare, as they may think best calculated to carry out the designs as expressed in this my Last Will and Testament. Tenth:  And I direct and enjoin my Executrix and Executors, that after the Probate and Registry of this my last will, and return of an Inventory of my Estate, the County, or other Court of Probate, have no further control over my Executors, or Testamentory Guardian, or of my Estate. Done at Huntsville, the Second day of April 1863 Sam Houston It is remarkable how little estate planning has changed over the last 150 years. And it is wonderful that we have historical records like this to look back on.

One of the most precious gifts that we have is family. We celebrate holidays and birthdays together, and mourn the loss of others together. We learn everything from our traditions to our values from those who have come before us. Those of us who are lucky enough to still have our parents and grandparents with us understandably consider ourselves to be lucky. It has become somewhat of a presumption among Millennials (those now age 21 to 36) that when they pass they will receive an inheritance. However, studies have shown that this expectation does not always become a reality. A Generation of Entitlement? Although previous generations often passed down significant amounts of money, and the Baby Boomer generation (those now age 53 to 72) has an estimated $30 trillion, those understandable expectations are no longer supported by current data. In fact, according to research from the Natixis U.S. Investor Survey, while nearly 70 percent of children expect to receive something from their parents, only 40 percent of parents have such plans in place. More than four in 10 Baby Boomers have actually written a will. Yet 76 percent of young adults believe that they will have a better financial future than their parents. By relying upon parents, grandparents, and older generations to supply them with the finances to help support them – especially in their later retirement – they often run the risk of not saving as much money as they will actually require. While it is not abnormal in the U.S. (the second most generous country) for individuals to leave their assets to family, friends, charity, or the government, in other parts of the world they do not have such choices. In some countries it is actually illegal not to pass assets on to family heirs, and in others the practice is not typical. Sharing Intentions to Calm Expectation One of the best things that we can do is to deal with issues of inheritance before we pass. Since the passing of a loved one can be an emotional time to begin with, the distribution of that individual’s possessions can prove to only compound those emotions. By fully communicating with family members prior to one’s passing, and sharing intentions with them, they will be much better prepared for what to expect that they will – and will not – be given. Contact the Texas Estate Planning Attorneys at Your Legacy Legal Care By working with a knowledgeable and experienced Texas estate planning attorney, you can better understand the estate planning process and develop a plan to ensure that your wishes for the future will be carried out. At Your Legacy Legal Care, we understand the emotions, confusion, and frustration that can come from not having a plan for one’s estate. To learn more or to schedule a consultation, contact us online or call us at (281) 885-8826 today.

For many people, Medicaid may carry a certain stigma. They often believe that it is only for those who are poor and that they would not qualify. However, what they do not know is that Medicaid is not just for “poor people” and it may actually serve to provide them with much needed coverage. Denial of Your Medicaid Claim Of the individuals that are aware of their eligibility for Medicaid, they often apply in order to cover nursing home expenses only to be denied. While they may be able to successfully appeal that decision, most give up and assume that they are not eligible for it. This is because the requirements of Medicaid eligibility are quite complex and difficult to fully understand. Though each state has its own Medicaid program with slightly different requirements for eligibility, there are four requirements that generally must be met for an individual to receive Medicaid coverage for a nursing home (which must be certified by Medicaid and accept Medicaid payment.) These include: Categorical Requirements; Medical Necessity; Income Eligibility; and Asset Eligibility Categorical Requirements Categorical requirements are quite simple. In order to qualify an individual must be at least 65 years of age, blind, or disabled. Medical Necessity Medical necessity simply means that an individual has a medical need for staying in a nursing home. In order to prove disability or medical need to qualify for the stay in a nursing home, there are specific documents that are looked at and required. Income Eligibility To be eligible for Medicaid, an individual must not have an income of more than $2,313 per month. It is possible to handle pensions and retirement income in a way that does not prevent eligibility regarding income. Asset Eligibility For an individual who is entering a nursing home, they may not have more than $2,000 in assets; a couple entering a nursing home may not have more than $3,000. Certain exceptions such as the family home apply and the manner in which an individual owns his or her assets may affect whether or not they are included towards the asset cap. What Can I Do if I’m Interested in Medicaid Coverage? For those who are eligible for Medicaid, it pays the full amount for room and board as well as any therapies that are part of general resident care. Medicaid also includes personal care items and specific services such as bathing, grooming, and laundry. If you are interested in Medicaid coverage for residency at a nursing home for yourself, your elderly parents or other elderly relatives, it may be extremely helpful to speak with a knowledgeable and experienced Elder Law attorney. We understand the confusion often associated with obtaining Medicaid coverage and we work to help our clients get the coverage that they deserve and are entitled to. If you have not yet applied or have applied and been rejected, we are here to help you. To learn more about your eligibility and options regarding Medicaid, call us today!

Aging is an inevitable reality of life. But while we understand that it is out of our control, it can still be difficult to watch out parents getting up there in age. Only compounding that difficulty is broaching the topic of death and the financial truths that are associated with it. We tend to bring up what to do next when we are already in the throes of a high-stress crisis. According to the Public Broadcasting Service, this happens 85 percent of the time. Families react to what is going on when it happens, rather than proactively plan for it. By starting the conversation earlier and discussing important financial questions with your parents, it can help everyone. Process Your Own Emotions – Then Check Them at the Door Talking to your parents about death and finances can be quite emotional. No one likes to think about losing his or her parents, but unfortunately for all of us it’s going to happen some day. It’s better to be prepared than not. Prepare yourself for the conversation and process your emotions so that when you sit down for the discussion you can help to make logical decisions rather than emotional ones. If you are more comfortable talking about the subject matter, your parents will be as well. Prior to the discussion conduct your own research so that you have a clear understanding of the options available to them and you can present those options accurately. It’s important to keep in mind that everything may not be solved in one sitting, but it is still an important step in the right direction, leaving the door open for further conversations. Ensure That Your Parents Have Critical Documents in Place There are two extremely important legal documents that it is important for your parents to have in place. The first is a durable power of attorney and the second is a healthcare proxy. These two documents are so important because they give a designated individual the legal authority to make legal, financial, and health care decisions for them should your parent be unable to do so. When an individual does not have a durable power of attorney in place and your parent becomes incapacitated, you would have to go to court in order to be given the legal authority to become your parent’s guardian. This can be a long and complicated process, which is why it is best to have these documents prepared. If your parents do not have them, an elder law attorney can help to draft them. It is also equally important that your parents review any retirement account information, insurance policies, and their wills to ensure that they still want to keep their designated beneficiaries in place. It is smart to review these documents annually. Construct a Plan for Long-Term Care Most seniors will need some form of long-term care as they age. The cost of this can be overwhelming. It is important to address this plan with your parents. Medicaid can cover some costs as can some life insurance companies, but nothing will cover the long-term care costs. Speak with your parents about plans for how to pay for their care as they age. It is better to speak with them while they are younger and healthier. Planning now can help reduce stress, confusion, and complications later on. For help constructing a long-term care plan as well as a will, durable power of attorney, and other important legal documents, call us today! We can help to make those difficult conversations easier.

As we are all aware, being elderly puts us at increased risk of disease or injury. It also makes us more vulnerable to scams and schemes than the public in general. For one thing, many of the elderly are lonely and so may fall victim to various financial entrapments because they are so eager for human contract. For another, because aging involves an increasing number of aches and pains, decreasing mobility, and often some cognitive impairment, some seniors are more likely to be taken in by quackery in terms of “treatment” or “supplements” that promise relief from pain, renewed vitality, and/or longevity. Having a capable, trustworthy elder lawyer can be invaluable in protecting older loved ones from the dangers discussed in this article. Elder law attorneys who are also well-credentialed in estate planning can assist you plan for retirement, establish trusts to protect assets from excessive taxation, creditors, or impulsive spending, and making sure that protected assets do not keep your loved one from becoming ineligible for government benefits, such as Medicaid, if and when the time comes for full-time nursing care. According to an Administration on Aging study done a few years ago, a fifth of all men over 65 live alone, as do over a third of women the same age. The study found that older Americans, especially those living alone, often suffer from one of the following conditions in addition to physical ailments: Social isolation which, in addition to being painful in and of itself, makes its victims more susceptible to physical and mental illness and decreases their projected lifespan. Loneliness, it seems, puts people at greater risk of infection, heart disease, and cognitive impairment. For seniors, social isolation can be worsened by unfamiliarity with modern technology. Depression, often a symptom of social isolation, can also be its cause since depressed individuals lose interest in things they used to enjoy, and lack the energy or motivation to make new friends or seek out new activities. Furthermore, because a socially isolated person is not interacting enough with other people, there is no one around to recognize his or her symptoms of depression and encourage the depressed individual to seek help. Anxiety, another form of mental disturbance, can manifest with physical symptoms, such as heart palpitations, nausea, shortness of breath, and insomnia. It, too, can be self-perpetuating, since once you experience extreme anxiety in a particular situation, such as in a group activity, you may abstain from social activities to avoid the stress you fear will reoccur. Money problems are more common among the elderly than we may realize; a great many people live beyond the age where they can be self-supporting and have not saved enough money to retire. Also, those who are socially isolated are more easily fall victim to swindlers who sell them products or services they don’t need, using up the last of their savings. Serious injuries, particularly those resulting from falls, can become deadly to older people who live alone, have more brittle bones, and tend to be physically less steady on their feet. Seniors who fall and suffer serious injuries, may be unable to reach a phone or call loudly enough to be heard and so may be stranded in their pain. Increased risk of medication mistakes and overdoses As seniors’ vision and memory become impaired, it becomes all too easy for them to mix-up complicated medication regimens, taking too little or too-much of crucial substances that help their bodies stay in balance. In worse case scenarios, seniors may overdose and inadvertently cause their own deaths. Generalized neglect Older people who live alone often become increasingly unaware and forgetful. Some forget to eat balanced meals (or are too tired to buy ingredients or prepare them) and become malnourished. Others either forget to drink enough liquids, or try not to drink because they dread having to get up to urinate, and as a result become dehydrated. Seniors also because increasingly incapable of normal household chores. Lack of washing dishes, doing laundry, or proper cleaning may result in bug or rodent infestations, dangerous accidents due to objects or spills on the floor, or illnesses generated by lack of sanitation. The elderly may also fail to wash thoroughly because of mobility difficulties and only suffer physical skin problems as a result, but fail to find disturbing growths or lesions on their own bodies. Find an Excellent Elder Law Attorney Before You Think You Need One Don’t let the older people you love become victims of the aging process. Consult with a talented elder law attorney before the situation becomes urgent. He or she can help you take the proper precautions regarding finances, medical care, future government benefits, healthcare arrangements, household chores, mental health, appropriate living conditions, and end-of-life preparations. As your loved one becomes older, you’ll be so glad took the legal steps you did in a timely fashion.

When planning for your family’s future, it is inevitable that we think about where we will be in five, ten, fifteen years, and where our families will be when we pass. There is no denying that you know your own property wishes better than anyone else, so it seems rather appealing to execute your own estate plan; in fact, it seems that you may even save a lot of money. But while do-it-yourself estate planning may seem like a no-brainer, it is important to keep in mind that it can be even more expensive to fix any estate planning mistakes that you make, if they can even be fixed in the first place. Mistakes Are Easier and More Costly to Make Than You Think When it comes to your Will, the outcome could potentially be devastating. Even for those who believe that they live a simpler life and have minimal assets, when you make a mistake and it has unintended consequences, unfortunately there’s no way of bringing you back to life to fix and resign it. Some individuals may prefer a living Will in order to avoid probate (the need to establish the validity of a Will), which can on average take between six and nine months to complete. For those with lack of understanding as to the intricacies of how estate-planning works, even using do-it-yourself software may not be enough. Often times botched Wills leave executors without enough money to pay for the estate’s taxes, causing much conflict, delay, and expense. However, that is not to say that you should never create your own Will or other planning documents. For many people, having a do-it-yourself plan may be better than dying without a plan (intestate). Roadblocks to Estate Planning and Proper Document Execution According to a 2016 Gallup Poll survey, only 44 percent of Americans have a Will. This is somewhat alarming considering that many of these individuals have no way of directing their families – which often include minor children – after they are gone. One of the biggest roadblocks for many avoiding estate planning is the notion of facing our own mortality. But the truth is that is better to have something in place for whenever the inevitable does occur. Alternatively, some individuals are so afraid of the process, do not know where to start, or what they are doing, that instead of seeking help from a knowledgeable estate-planning attorney, they instead do nothing. Benefits to Hiring an Estate Plan Attorney While attorneys are often a more expensive route (in the here and now) than conducting your own estate plan or using an online platform like LegalZoom, there is certainly one value that these professionals can provide and others do not. Hiring an estate-planning attorney allows for you to sit down with a professional, share your specific story, wants, and needs, and seek advice from an expert who has seen just about every type of Will there is, and knows what could potentially go wrong. And some situations are just plain inappropriate to choose the DIY method of estate planning. These include: Multi-million dollar estates Disabled Children/Individuals with Special Needs Who May Require a Special Needs Trust Blended families Properties in foreign countries Complex family businesses. One of the best things that you can do for your family is to ensure that you estate planning has been completed in the correct manner, which will cause them the least amount of stress by not making them guess at your wishes. Tell them what you want.

“Will you still need me, will you still feed me, when I’m sixty four?” When Paul McCartney penned those lines he was in his 20s. 64 must have seemed ancient to him. He is well past the 64 mark now, but the tune still resonates. Not quite hidden beneath the clarinets is a serious question about what will happen to us as we grow older. It doesn’t hurt to think about this question and use all the legal tools possible to plan for a future where we are a best old and losing our hair, and at worst unable to care for ourselves. First Things First It is not easy or fun to think about what would happen if you suddenly, or even gradually, lose the ability to care for yourself or make important decisions for yourself. In fact, it’s scary to do so. One of the best ways to calm those fears is to figure out who you would trust to step up and help you if such a situation arises, and then put the legal documents in place to empower that person should something bad happen. We recommend putting three different documents in place that will designate a person or people you trust to make various decisions on your behalf should a time come when they need to do so: A durable power of attorney for finances designates someone to take over your finances. Should the need arise, your designee can step in and pay your bills, manage your accounts, and even buy and sell property on your behalf. A living will or advance directive spells out your end-of-life wishes. If you want the doctors to do everything possible to keep you alive, no matter the risk or the cost, you can say so. If you want only to be kept comfortable and be allowed to drift off, you can say that too. Making these decisions now means your family members or doctors won’t be making them for you when they don’t really know what you would prefer. A medical power of attorney document names someone you trust to follow the directions in your living will and make healthcare decisions on your behalf if your precise wishes are not known. Together, these documents give you the best chance possible of calling your own shots until the very end. The Financial Side Of Things You might have noticed that the person given medical power of attorney gets some guidance from the living will, but the person given financial power of attorney seems to be free to do whatever he or she sees fit. This is because the powers of the person holding a financial power of attorney document are limited in other ways. A comprehensive estate plan will lay out what is to happen to significant assets, and these plans are often implemented well before the need for a power of attorney arises. Planning for disability or incapacity typically necessitates planning for long-term care in a nursing home facility or with some sort of in-home help. The cost of these services is astronomical, and very few families can afford to pay for it out of pocket. Most end up relying on Medicaid. In order to qualify for Medicaid without spending one’s self into destitution, it is wise to start transferring assets to a trust, or to the people you want to inherit them, well before you believe you might need to apply for Medicaid. This too is a difficult topic to think about. At the Your Legacy Legal Care we understand how unsettling it is to face your own mortality, and all the “what if’s?” and “might have beens.” We do our best to make planning for disability and incapacity as stress-free and simple as possible.