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
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
As an elder law attorney, much of my practice is legally protecting assets of those in, or headed to a nursing home or who need at-home services. Also, part of my practice is helping clients in advance who are young and healthy enough to still obtain long-term care insurance. I have reviewed long-term care insurance policies or applications for clients many times. The main concern of clients is to protect family from the burden of
A common question I am frequently asked: what is a certified elder law attorney? I will explain the overall steps to obtain and maintain the certification. I always explain there are many experienced, competent attorneys who practice in this area and can handle complex elder law issues and who are not certified. However, if you do not know where to look for guidance on elder law issues, a certified elder law attorney is a good
Becoming a family caregiver can be one of the most honorable jobs a person can have. It is no secret that an aging population has created new challenges for Indiana as Baby Boomers continue to retire. Between now and 2050 the Public Policy Institute projects the American over-65 population will double and the over-85 population will triple by 2050. Family caregivers work with healthcare workers to care for a loved one. Family caregivers provide the daily