Elder Law Matters — a monthly blog by Glenn A. Deig

When must you open a probate estate in Indiana?

Posted on January 18, 2019 
In last month’s article I discussed meeting with clients after a death of a loved one, and the process of gathering information regarding the decedent, and said person’s affairs.  Once this information is obtained, the issue is whether or not to open a “probate” estate. The main purpose of a probate estate is to prevent fraud, notify creditors, pay decedent’s last bills and taxes/tax returns. The triggering issue is whether the decedent’s net (after liens, 

Legal Tips after death of loved one

Posted on December 10, 2018 
Usually clients meet with us after a loved one’s funeral services are complete and clients are going through the grieving process. Unfortunately, financial and legal matters can not wait. Many clients have extensive knowledge and involvement; some have no information; either they were not involved or the loved one was private with their affairs. What needs to be done financially and legally really depends on so many factors. We provide a consultation, and meet with 

An option to pay for long-term care insurance

Posted on November 19, 2018 
Many clients discuss with me my thoughts and their concerns, especially the costs, regarding purchasing long-term care insurance.  In a recent previous article I discussed new innovative long-term care policies known as hybrid policies that provide long-term coverage and a death benefit; so, either the client, or their heirs will receive a benefit during life, or death, from the policy.  Not a “use it or lose it” traditional policy that may also have future rate 

Can a person contest my Last Will and Testament?

Posted on November 19, 2018 
This is a common question I receive from clients when meeting to discuss their estate plans and drafting a Last Will and Testament (“Will”). A spouse has certain inheritance rights in a Will, which include an election and allowance amount, and a spouse’s inheritance rights may be subject to a post or pre-nuptial agreement that was agreed upon and entered into between a married couple before they came to see me. This article deals with other 

How Avoid a Family Fight with your Estate plan

Posted on November 16, 2018 
My last article I discussed how the “no contest” provisions could be inserted in a Last Will and Testament to limit an heir’s ability to contest a document without risking a loss, or reduction of an inheritance.  A few more follow-up tips when I am meeting with clients to avoid rancor and resentment when a child or family member is dealing with the grief and loss of a loved one. **Name the right Personal Representative/Executor/Trustee. The