This post is a different one than my usual. Instead of offering some basic information on estate planning or family law, I wanted to share my own family's experience with Alzheimer's disease.
My grandfather was diagnosed about 6 ½ years ago, but I suspect that he was living with the disease for a couple of years before that, maybe after my grandmother died. We noticed that he started having trouble with numbers, which can be an early sign of the disease. He couldn't seem to make sense of his household bills, and could no longer manage his checkbook.
My dad took over the bill-paying tasks for him, and eventually we had to pull Papa's driver's license. This decision was preceded by much argument in the family, because it meant that Papa would lose his autonomy. Eventually, Dad became Papa's caretaker, a huge responsibility, and one that not every family can or should try to manage.
There has been much sorrow in seeing Papa struggle with confusion and disorientation and realizing that he has entirely forgotten my grandmother, with whom he shared over 60 years of marriage; but he remains cheerful in attitude, and rarely forgets his every day family members, which has been a blessing to us. There have also been some funny moments, such as when Papa was discovered vacuuming the lawn. He told the neighbor it needed a little trim!
My Dad has coped with his enormous responsibility with assistance from several agencies, including his local Elder Services agency, and a caregiver support group. Dad and Papa got by for five years with some subsidized home care services and a couple of days a week of elder day care, and we have recently investigated assisted living centers and nursing homes. That time has come.
Alzheimer's disease is not a normal part of aging, but there are many people living with this disease, and many families struggling to deal with it. I think I am now better able to understand the needs of, for lack of a better term, "Alzheimer's Families". These families will need to find competent and compassionate medical and legal help, and perhaps some form of emotional support.
Our family has found tremendous stress, but also tremendous support. To quote a Burmese proverb, "In time of test, family is best" (whether that family is made up of blood relatives or beloved friends), but I have learned that a family can't go it alone with this disease. Reach out; get the help and support that is needed.
Tuesday, May 4, 2010
Monday, April 12, 2010
Wills of the Rich and Famous!
Spring is here, and so is tax season, so thought I would keep this post short and breezy. Let’s talk about some famous and interesting wills from famous and interesting dead people, shall we?
FYI: Wills are public records. By design they must always be filed (proved) in probate to be effective, which allows anyone interested to read them. Trusts, on the other hand, are generally private documents. They are usually not subject to public view or court review.
From William Shakespeare’s will, some interesting language and an even more interesting bequest:
Item I gyve unto my wief my second best bed with the furniture; Item I gyve and bequeath to my saied daughter Judith my broad silver gilt bole. Question: Why does his wife get the second-best bed?
Leona Helmsley disinherited two of her grandchildren and left $12 million to her dog, aptly named “Trouble”. This kind of bequest is sure to cause trouble and invites a will challenge, and in her case it certainly did!
Warren Burger, Former Chief Justice of the U.S. Supreme Court, wrote his own will. He failed to include certain important clauses, such as those giving the executors rights to sell real estate, or pay debts and administrative expenses, forcing his estate to spend time and money in probate court to cure the poorly-drafted will. Moral: Even if you are the former Chief Justice of the Supreme Court, don’t draft your own will, because you don’t know what you don’t know!
Elvis Presley incorporated trust provisions in his will (called a testamentary trust) in which he specifically provided for his daughter, his grandmother, and his father as beneficiaries. While this is not an unusual practice, it has the effect of making the trust provisions public, and subject to the oversight of the probate court. For these reasons, people often choose to write wills in which all of their probate property “pours” into an existing separate trust, and is managed privately from that instrument.
I hope you enjoyed this will trivia. Have a wonderful week!
FYI: Wills are public records. By design they must always be filed (proved) in probate to be effective, which allows anyone interested to read them. Trusts, on the other hand, are generally private documents. They are usually not subject to public view or court review.
From William Shakespeare’s will, some interesting language and an even more interesting bequest:
Item I gyve unto my wief my second best bed with the furniture; Item I gyve and bequeath to my saied daughter Judith my broad silver gilt bole. Question: Why does his wife get the second-best bed?
Leona Helmsley disinherited two of her grandchildren and left $12 million to her dog, aptly named “Trouble”. This kind of bequest is sure to cause trouble and invites a will challenge, and in her case it certainly did!
Warren Burger, Former Chief Justice of the U.S. Supreme Court, wrote his own will. He failed to include certain important clauses, such as those giving the executors rights to sell real estate, or pay debts and administrative expenses, forcing his estate to spend time and money in probate court to cure the poorly-drafted will. Moral: Even if you are the former Chief Justice of the Supreme Court, don’t draft your own will, because you don’t know what you don’t know!
Elvis Presley incorporated trust provisions in his will (called a testamentary trust) in which he specifically provided for his daughter, his grandmother, and his father as beneficiaries. While this is not an unusual practice, it has the effect of making the trust provisions public, and subject to the oversight of the probate court. For these reasons, people often choose to write wills in which all of their probate property “pours” into an existing separate trust, and is managed privately from that instrument.
I hope you enjoyed this will trivia. Have a wonderful week!
Thursday, November 5, 2009
Medicaid / Long-Term Care Planning
When people are faced with the possibility of nursing home care, they usually fear losing their home to Medicaid estate recovery. There are many tools and strategies that an elder law attorney can employ to preserve the home and other assets of people facing long-term skilled nursing care.
Such tools may include:
• Asset transfers
• Irrevocable Trusts
• Life Estates
• Annuities
• Spending down of assets, including:
o prepaying funeral expenses,
o paying off a mortgage,
o making repairs to a home,
o replacing an old automobile,
o updating home furnishings,
o paying for more care at home, or even
o buying a new home.
Do you need an attorney for long-term care planning? This depends on your situation, but in most cases, the prudent answer would be "yes." There are very particular regulations and penalties to be avoided, and complex financial considerations. There may be a particular rule that applies in your case or some recent changes in the law. In addition, by the time you're applying for Medicaid, you may have missed out on significant planning opportunities.
If you are going to consult with a qualified professional, the sooner the better. If you wait, it may be too late to take some steps available to preserve your assets.
**This is only for advertising purposes. It does not create an attorney client relationship. It only provides general information and is not legal advice. Every case is different; you should contact an attorney to discuss your specific situation.
Such tools may include:
• Asset transfers
• Irrevocable Trusts
• Life Estates
• Annuities
• Spending down of assets, including:
o prepaying funeral expenses,
o paying off a mortgage,
o making repairs to a home,
o replacing an old automobile,
o updating home furnishings,
o paying for more care at home, or even
o buying a new home.
Do you need an attorney for long-term care planning? This depends on your situation, but in most cases, the prudent answer would be "yes." There are very particular regulations and penalties to be avoided, and complex financial considerations. There may be a particular rule that applies in your case or some recent changes in the law. In addition, by the time you're applying for Medicaid, you may have missed out on significant planning opportunities.
If you are going to consult with a qualified professional, the sooner the better. If you wait, it may be too late to take some steps available to preserve your assets.
**This is only for advertising purposes. It does not create an attorney client relationship. It only provides general information and is not legal advice. Every case is different; you should contact an attorney to discuss your specific situation.
Monday, October 5, 2009
Where Should I Store My Will?
Once your will is properly signed and witnessed, you need to store it in a safe place. This location is largely a personal choice, but in every instance, be certain that your executor knows of your chosen storage location, and has access to that location. There are several options, each having some advantages and disadvantages. Consider the following choices, in no particular order of preference:
1. Your own personal fireproof home safe- Your executor will need ready access to the safe, by combination or key, or both.
2. Safe deposit box- Make sure your state law does not require banks to seal the box upon death, and consider who else has access to that box. Be certain your survivors know of this location.
3. Leave it with your lawyer- Some law firms have vaults for such storage of wills and trusts, but some attorneys will not store your will, as they may have concerns about the propriety of this practice; specifically, the concern that a deceased client’s family may feel pressured to use that firm’s services in order to probate the will.
4. The probate court- For a nominal fee, your local probate court may file your will for safekeeping, and produce it only for your named executor, with proof of your death. Consider that this might not be optimal if you happen to move away and perhaps end up retiring in another state.
5. A trust company- If you name a trust company as your estate representative then that company will often hold your will for safekeeping.
** Note that in all cases it is imperative that your survivors be made aware of the location of your will, and that they must have ready access to that location.
In addition to a will, you should also have a Health Care Proxy and a Power of Attorney. Your original Health Care Proxy can be given directly to your chosen nominee, so that there will be no delay if you should become incapacitated. You should keep a copy for your own records.
The safekeeping of a Power of Attorney is a matter best discussed with your lawyer, as there are some serious considerations with this particular instrument. By design, Powers of Attorney are very powerful instruments, and there is always the concern that such a document could be abused in the wrong hands.
I hope that you found this article helpful. Please feel free to call me with your questions or concerns.
**This is only for advertising purposes. It does not create an attorney client relationship. It only provides general information and is not legal advice. Every case is different; you should contact an attorney to discuss your specific situation.
1. Your own personal fireproof home safe- Your executor will need ready access to the safe, by combination or key, or both.
2. Safe deposit box- Make sure your state law does not require banks to seal the box upon death, and consider who else has access to that box. Be certain your survivors know of this location.
3. Leave it with your lawyer- Some law firms have vaults for such storage of wills and trusts, but some attorneys will not store your will, as they may have concerns about the propriety of this practice; specifically, the concern that a deceased client’s family may feel pressured to use that firm’s services in order to probate the will.
4. The probate court- For a nominal fee, your local probate court may file your will for safekeeping, and produce it only for your named executor, with proof of your death. Consider that this might not be optimal if you happen to move away and perhaps end up retiring in another state.
5. A trust company- If you name a trust company as your estate representative then that company will often hold your will for safekeeping.
** Note that in all cases it is imperative that your survivors be made aware of the location of your will, and that they must have ready access to that location.
In addition to a will, you should also have a Health Care Proxy and a Power of Attorney. Your original Health Care Proxy can be given directly to your chosen nominee, so that there will be no delay if you should become incapacitated. You should keep a copy for your own records.
The safekeeping of a Power of Attorney is a matter best discussed with your lawyer, as there are some serious considerations with this particular instrument. By design, Powers of Attorney are very powerful instruments, and there is always the concern that such a document could be abused in the wrong hands.
I hope that you found this article helpful. Please feel free to call me with your questions or concerns.
**This is only for advertising purposes. It does not create an attorney client relationship. It only provides general information and is not legal advice. Every case is different; you should contact an attorney to discuss your specific situation.
Monday, September 14, 2009
Aging Info Expo
ANNOUNCING: AGING INFO EXPO
DATE: Saturday, October 3, 2009
TIME: 10 am – 2 pm
PLACE: Bessie Buker Elementary School
1 School Street
Wenham, MA 01984
Get information on many services, products, agencies and programs assisting elders in living as healthy and independent a lifestyle as possible. Speakers and vendors will provide information on Estate Planning, Money Management, Home Care, Nutrition, Nursing Home Advocacy, & Volunteer and Enrichment Opportunities.
Attorney Denise Kent will be available to chat informally with you and to offer some basic information on such issues as:
BASIC ESTATE PLANNING: Find out the various tools and strategies employed to create an effective estate plan, including wills, trusts, health care proxies, and powers of attorney, and discuss exactly what these instruments are designed to do.
LONG TERM CARE PLANNING: If you or a loved one may be facing the need for long term care, an estate planning attorney can implement a plan that will work to preserve the assets of the family and allow you greater control and dignity throughout a complex and often heart-wrenching process.
AVOIDING PROBATE: There are numerous strategies and tools available that can be employed to effectively plan your estate so as to avoid the costly and lengthy probate process altogether.
A complimentary lunch will be provided for those who pre-register. To pre-register, please call Trudy Reid, Wenham Council on Aging (978) 468-5529
Law Office of Denise M. Kent
254 Bay Rd.
Hamilton, MA 01982
TEL (978) 468-9000
FAX (978) 468-9008
www.denisekentlaw.com
DATE: Saturday, October 3, 2009
TIME: 10 am – 2 pm
PLACE: Bessie Buker Elementary School
1 School Street
Wenham, MA 01984
Get information on many services, products, agencies and programs assisting elders in living as healthy and independent a lifestyle as possible. Speakers and vendors will provide information on Estate Planning, Money Management, Home Care, Nutrition, Nursing Home Advocacy, & Volunteer and Enrichment Opportunities.
Attorney Denise Kent will be available to chat informally with you and to offer some basic information on such issues as:
BASIC ESTATE PLANNING: Find out the various tools and strategies employed to create an effective estate plan, including wills, trusts, health care proxies, and powers of attorney, and discuss exactly what these instruments are designed to do.
LONG TERM CARE PLANNING: If you or a loved one may be facing the need for long term care, an estate planning attorney can implement a plan that will work to preserve the assets of the family and allow you greater control and dignity throughout a complex and often heart-wrenching process.
AVOIDING PROBATE: There are numerous strategies and tools available that can be employed to effectively plan your estate so as to avoid the costly and lengthy probate process altogether.
A complimentary lunch will be provided for those who pre-register. To pre-register, please call Trudy Reid, Wenham Council on Aging (978) 468-5529
Law Office of Denise M. Kent
254 Bay Rd.
Hamilton, MA 01982
TEL (978) 468-9000
FAX (978) 468-9008
www.denisekentlaw.com
Monday, August 10, 2009
Probating an Estate- what does it entail?
What does it mean to "probate an estate"? In the Commonwealth of Massachusetts, the Probate and Family Court oversees the settlement of estates for deceased residents. Whether or not you die having left a will, your estate will be probated through this court system, provided you have left assets in your own name, and provided those assets exceed $15,000, excluding the value of your automobile.
An attorney experienced in probate practice will assist family members to:
- collect asset and debt information
- file timely tax returns (perhaps referring the preparation to appropriate tax professionals)
- file appropriate court documents
- obtain a license to sell real estate, if necessary or deemed prudent
- deal with creditors and insolvency
- obtain releases of the estate tax lien, where necessary
- prepare inventories of assets and file accounts with the court as necessary
- assist with proper distribution of the estate among beneficiaries
Probating an estate is often a lengthy process, by necessity, because the estate must usually remain "open" until at least a year has passed, to give creditors time to file liens for debts owed, and also to ensure that any state or federal tax obligations are satisfied.
An experienced probate attorney can make this lengthy process less stressful, particularly for family members who may already be carrying a heavy burden of grief.
* this information is accurate as to statutes and probate procedures in effect in the Commonwealth of Massachusetts as of August 10, 2009, the date of this publication, but is not legal advice, nor intended to be legal advice, and does not constitute an attorney-client relationship *
An attorney experienced in probate practice will assist family members to:
- collect asset and debt information
- file timely tax returns (perhaps referring the preparation to appropriate tax professionals)
- file appropriate court documents
- obtain a license to sell real estate, if necessary or deemed prudent
- deal with creditors and insolvency
- obtain releases of the estate tax lien, where necessary
- prepare inventories of assets and file accounts with the court as necessary
- assist with proper distribution of the estate among beneficiaries
Probating an estate is often a lengthy process, by necessity, because the estate must usually remain "open" until at least a year has passed, to give creditors time to file liens for debts owed, and also to ensure that any state or federal tax obligations are satisfied.
An experienced probate attorney can make this lengthy process less stressful, particularly for family members who may already be carrying a heavy burden of grief.
* this information is accurate as to statutes and probate procedures in effect in the Commonwealth of Massachusetts as of August 10, 2009, the date of this publication, but is not legal advice, nor intended to be legal advice, and does not constitute an attorney-client relationship *
Wednesday, July 22, 2009
Child Support Modifications
In Massachusetts, both parents are responsible for the support of their children, whether they are married, divorced, separated, or were never married to each other.
Child support represents a significant cash flow in or out of a household, and the economy has undoubtedly affected many families. Recently, I have assisted clients obtain changes (modifications) to their existing child support orders.
You or someone you know may be able to benefit from the new Massachusetts child support guidelines, which were effective on January 1, 2009. Under the new guidelines, existing child support orders cannot be modified for three years unless there is a material change in circumstances (for example, a significant change in financial circumstances) or a change in health insurance.
* However, the court has discretion to deviate from the new guidelines in other limited circumstances, for example, where a child has special needs or where a parent has extraordinary medical expenses.
Whether you are the payer or the recipient of child support, you might want to consult with me regarding the possibility of a change in your existing order of support, particularly if that order is more than three years old.
Child support represents a significant cash flow in or out of a household, and the economy has undoubtedly affected many families. Recently, I have assisted clients obtain changes (modifications) to their existing child support orders.
You or someone you know may be able to benefit from the new Massachusetts child support guidelines, which were effective on January 1, 2009. Under the new guidelines, existing child support orders cannot be modified for three years unless there is a material change in circumstances (for example, a significant change in financial circumstances) or a change in health insurance.
* However, the court has discretion to deviate from the new guidelines in other limited circumstances, for example, where a child has special needs or where a parent has extraordinary medical expenses.
Whether you are the payer or the recipient of child support, you might want to consult with me regarding the possibility of a change in your existing order of support, particularly if that order is more than three years old.
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