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what is elder law
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What is the difference between an Executor and a Personal Representative?

When an individual passes away, much needs to done to settle their affairs, which may include liquidating and distributing assets, paying debts and filing tax returns. The person who is entrusted with this responsibility may be called an executor, a personal representative or administrator. These titles all refer to the individual acting in a fiduciary Read More

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What do I need to do as a Trustee of a Trust?

When a client retains our office to draft a Trust, a Trustee must be chosen. But the client may want to know before choosing a person, what will a trustee be responsible for. The person appointed as trustee may wonder the same. First, it is important to know what a trust is. A trust is Read More

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Elderly Financial Exploitation – What are the warning signs?

A man was arrested on charges of elderly exploitation. Exploitation of who? His own parents. The elderly couple, William and Janet Powers, were in their early 70s when they hired an attorney to prepare a Durable Power of Attorney giving authority to their only living child, Ryan Powers. And shortly thereafter the exploitation began. Only Read More

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Estate Planning – Documents You Need

We all know that estate planning documents are an important part of our financial and long term planning. Whether we are young or old, having the right documents can give us peace of mind. Completing estate planning documents takes the burden of having to make tough decisions off of our loved ones. It also helps Read More

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Medicaid Specialist or Elder Law Attorney?

It can be overwhelming when someone you care about needs long term care. There is so much material and information online about long term care. The internet can make everything look so simple. This includes the Medicaid Application Process. It may seem as though you can easily take care of everything yourself. It would be Read More

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How is incapacity determined and who makes the decision?

You’ve seen the signs that your elderly loved one can no longer care for themselves and, after a consultation with an elder law attorney, you decide to file a guardianship. A guardianship is granted only when a Court determines that the person is incapacitated. Though in your mind you’ve decided that is the case, a Read More

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Estate Planning for Snowbirds

There are many advantages to being a snowbird. You get to live in 2 different states or countries (if you’re from Canada.) You can avoid the harsh northern winters AND the sweltering heat of the southern summers. You have the best of both worlds. It is important for snowbirds to have a plan in place Read More

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No Power of Attorney? What now?

I recently received the following email from a client: “Attorney Lehn, my father had a stroke and is in the hospital. The doctor says that he will now need long term care. The social worker at the hospital called asking me if my father has a power of attorney. I don’t believe he does. . Read More

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Three Reasons Why Giving Your House to Your Children Isn’t the Best Way to Protect It From Medicaid

  You may be afraid of losing your home if you have to enter a nursing home and apply for Medicaid. While this fear is well-founded, transferring the home to your children is usually not the best way to protect it. Although you generally do not have to sell your home in order to qualify Read More

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What Happens to Debt When you Die?

When someone passes away does their debt die with them? Not necessarily. But first things first, in order to protect the credit of the deceased person from fraud, you will want to notify the following entities of the death: All known creditors of the deceased person. If you do not have that information, it would Read More

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