Category Archives: Legal

Why a DIY Will may not be the cheapest legal solution!

One of the questions I hear a lot is, “how much does it cost to do a Will?”  The answer is, “it depends.”  It depends on many things but the thing it depends upon the most is on whether or not you want it done correctly.  Take this case from Florida. Ann Aldrich purchased and…

Seniors increase use of living wills by over 40 percent in 10 years

A  University of Michigan study found that between 2000 and 2010, the number of seniors with living wills (Advance Directives) increased from 47 percent to 72 percent.  Despite that significant change, hospitalization rates and in-hospital deaths remained pretty much the same, according to the study which was published in the Journal of American Geriatrics Society….

Preparing for probate

Anyone with property has an estate. The point of probate is to legally clarify the ownership of that property in order to distribute the title of the property when you die. Any asset that has a document to establish the identity of the owner (title to a car, deed to a house, account ownership papers…

Preventing heirs from contesting a Will or Trust

The point of a Will is to inform others how you want to disperse your property when you die.  The problem with property is that people tend to want it.  This can create legal issues when heirs contest a will or trust after you die. Take for instance the case of Huguette Clark.  We’ve talked…

When a Power of Attorney is used fraudulently

Powers of Attorney are important documents that provide family members or others with the necessary legal ability to act as representative for individuals unable to do so for themselves.  Unfortunately or fortunately depending on the case, a Power of Attorney is a pretty powerful tool.  That power and the growing number of aging individuals in…

Court rules that health care agents can’t execute arbitration agreements

  The Massachusetts High Court ruled on two related cases in which there was a dispute about whether agents named in health care proxies had the authority to sign arbitration agreements on behalf of nursing home residents.

Court finds state improperly denied Medicaid benefits

  A Delaware trial court found for a nursing home resident who applied for Medicaid and was denied for insufficient information in Green Valley SNF, LLC v. Delaware Dept. of Health and Social Services (Del. Super. Ct., No. 13A-02-002 (RBY), Dec. 31, 2013).

Lawmakers demand better oversight of nursing home trust funds

  Senator Bill Nelson, D-Fla and Sen. Charles Grassley, R-Iowa, urged Medicare and Medicaid officials to adopt stricter oversight policies for special trusts held for nursing home residents, in the wake of an investigative report on theft and mismanagement of money held in special trusts to safeguard nursing home residents’ money.  The report which was…

Supreme Court to decide fate of inherited IRAs in matter of bankruptcies

  Heidi Heffron-Clark inherited a $300,000 IRA from her late mother, Ruth Heffron.  An inherited IRA must begin distribution within a year of inheritance and finish within five years to ensure that the funds cannot be passed on through generations without paying income tax. During that five-year period, Clark and her husband opened a pizza…

Should You Sign a Nursing Home Admission Agreement?

  Admitting a loved one to a nursing home can be very stressful. In addition to dealing with a sick family member and managing all the details involved with the move, you must decide whether to sign all the papers the nursing home is giving you. Nursing home admission agreements can be complicated and confusing,…