Many people have been told that it is important for people to “avoid probate.” But just because people may have heard that term, doesn't mean they know exactly what probate means, why it can be a problem or how to successfully avoid it. In this post, we will take a look at the term probate to und...

Because Congress found that over 120,000,000 Americans did not have an up-to-date estate plan, they voted in 2008 to declare the third week in October each year as National Estate Planning Awareness Week. In the resolution, the House cited a 2004 Roper poll commissioned by the American Institute ...

Over recent years, many people have purchased long term care (LTC) insurance to protect themselves against the rising costs of care in their final years. But lately, policy holders have seen their premiums rise and/or benefits decrease. Two of the largest LTC insurance companies, MetLife and Unum...

One in three Americans do not get enough sleep, and 45% of the remaining world's population doesn't either. The US Centers for Disease Control and Prevention calls that a "public health problem," because disrupted sleep is associated with a higher risk of physical and mental conditions including ...

As an elder law attorney, I frequently meet with the spouse or middle-aged, adult children of an elderly person who is hospitalized or in a nursing home due to the effects of a fall. The injuries sustained in the fall are often a main factor that results in a senior having to move to long-term ca...

Twenty years ago, Jim and Sandy, age 45 at the time, went on their first vacation without their kids since they were married. They had no planning documents in place, and had to scramble quickly to get a simple will and a power of attorney to make sure their kids would be taken care of should som...

Medicaid, the single largest source of health coverage in the United States, provides health coverage to almost 75 million Americans, including children, pregnant women, parents, seniors and individuals with disabilities. Medicaid is a federal program, but it is administered by the states. To pa...

While most hospital discharges are agreed upon by doctors and their patients, there are some circumstances when there is disagreement about whether it's time for the patient to leave. Most of those disagreements are with the insurance company or another payer who deems that patient's time is up (...

Five ways to get out of that funk and onto better things When parsing through your furniture with your soon-to-be-ex, mustering gratitude is probably not your first instinct. But a growing body of research shows that acknowledging what you have (rather than focusing on what you've lost) may be y...

How can I ensure my grandchild is cared for in the event of my death? In the past 30 years, the number of children being raised by their grandparents has doubled.  United States Census reports indicate that about 6.5 million children under the age of 18 are currently living in a home that includ...

Do I need an estate plan if I am young and healthy? While most of us have a basic understanding about what the term “estate planning” means, few young adults believe estate planning is something they need to worry about.  After all, your twenties are a time for fun, adventure, and figuring out w...

Guns are regulated by both federal and state law. Only certain individuals can possess and use a weapon, and failure to follow these regulations can result in criminal prosecution. Unfortunately, when the deceased passes a gun, these rules are sometimes ignored, resulting in a very different kind...

Is an irrevocable trust the right estate planning tool for me? The Michigan Qualified Dispositions in Trusts Act of 2016 recently took effect and it could benefit thousands of individuals in Michigan who want to protect their assets from creditors during their lifetime.  Trusts in Michigan have ...

Powers of attorney are extremely useful documents in the event of mental incapacity. These documents are also useful in less dire situations, such as when the principal is out of the country or simply unable to sign an urgent document. Nonetheless, rumors concerning potential pitfalls with powers...

Asset protection is a wealth strategy that helps you protect your assets from creditor claims. It is useful for both individuals and businesses. Proper planning can prevent creditors from having access to some of your most valuable or precious assets. It is often used in conjunction with an estat...

Do I need long-term care insurance? As the baby boomer generation ages, the question of whether or not to purchase long-term care insurance becomes a pressing one to a greater and greater segment of the population. In considering matters like long-term care, having a skilled and knowledgeable el...

What are the particulars of long-term planning for children with special needs? Regardless of family income level, parents with special needs children have to think seriously about how the long-term requirements of their children will be met after their parents pass away. This is by no means an ...

When a person dies with a will in place, an executor is named as the responsible individual for winding down the decedent's affairs. In situations in which a will has not been prepared, the probate court will appoint an administrator. Whether you have been named  as an executor or administrator, ...

As the population grows older, many elders must face the difficult challenges of aging, such as declining health, long-term care planning, asset protection and other financial concerns. The practice of elder law is designed to assist seniors with meeting these challenges and give them peace of mi...

The most basic estate planning tool is a will which establishes how an individual's property will be distributed and names beneficiaries to receive those assets. Unfortunately, there are circumstances when disputes arise among surviving family members that can lead to a will contest. This is a co...

Scams run amok across virtually every industry, ranging from the financial sector to fashion, art and recreation. It should come as no surprise, then, that the estate planning industry is not immune from a similar plight – and we caution our clients regularly to keep on the lookout for the red fl...

With the Baby Boomer generation beginning to age and enter retirement, there has been an assortment of strategies and tactics suggested to those caught in the “Sandwich generation” – that is, those tasked with caring for both minor children and aging parents. However, for some elderly folks, ther...

Inheritance laws involve legal rights to property after a death and such laws differ from state-to-state.   Heirs usually consist of close family members and exclude estranged relatives.  Depending on the wording of a will, an individual can be intentionally, or even unintentionally, disinherited...

So, you have a will, but is it valid?  A will can be contested for a multitude of reasons after it is presented to a probate court.  It is in your best interest to have an attorney draft the will to prevent any ambiguity in the provisions of the document that others could dispute later. A will m...

There are many benefits to a revocable living trust that are not available in a will.  An individual can choose to have one or both, and an attorney can best clarify the advantages of each.  If the person engaged in planning his or her estate wants to retain the ability to change or rescind the d...