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Does a Crossville, Tennessee Elder Law Attorney Represent the Senior or the Adult Children?

Posted by Nina Whitehurst | Jan 13, 2020 | 0 Comments

As a Crossville elder law attorney, I often meet senior clients as a result of them coming into our offices with their adult children. When this situation happens, it is the lawyer’s job to recognize the differing needs and rights of both parties. The lawyer must be clear on who is being represented and then do his or her part to focus on that client.

Finding the Right Crossville Elder Lawyer to Plan for Long-Term Care Needs

Posted by Nina Whitehurst | Dec 30, 2019 | 0 Comments

The Baby Boomer generation is growing older and beginning to incur the financial costs and strains of aging. Many are caring for their own elderly parents while beginning to recognize long-term care challenges of their own. Boomers are also starting to learn first-hand that long-term care is expensive, and the resources they may have been counting on to cover costs (including private insurance or Medicare) typically don’t pay. This situation leaves many searching for alternative legal and financial options, which is where a qualified Crossville elder lawyer can become a tremendous resource to a family in need.

Medicaid's Treatment of the Home in Crossville, Tennessee

Posted by Nina Whitehurst | Dec 25, 2019 | 0 Comments

Nursing home residents do not automatically have to sell their homes in order to qualify for Medicaid (called TennCare in Tennessee), but that doesn't mean the house is completely protected. The state effectively has a lien on the house while the resident is living and will attempt to recover the property after the resident has passed away. Medicaid is very aggressive about estate recovery in Tennessee.

Finding Assets of a Crossville, Tennessee Estate

Posted by Nina Whitehurst | Dec 23, 2019 | 0 Comments

Because most people either having nothing more than a will, or no will at all, most estates will have to go through probate, and the courts will appoint an administrator (or executor) who is in charge of taking care of each step in the process. The executor will often make things a bit less overwhelming by hiring a local estate planning lawyer. One of the first things either the courts or the lawyer will tell the executor is that they need to create a list of assets.

Who Inherits in Tennessee if My Spouse Dies Without a Will?

Posted by Nina Whitehurst | Dec 23, 2019 | 0 Comments

Many married couples in Tennessee think that if one of them dies without a will, the other will inherit everything from the deceased spouse. That is only true if the deceased spouse died with no living descendants. Whether you intend to or not, if you fail to do some kind of estate planning, you could end up disinheriting your spouse to some extent.

Who Inherits in Colorado if My Spouse Dies Without a Will?

Posted by Nina Whitehurst | Dec 20, 2019 | 0 Comments

Many married couples in Colorado think that if one of them dies without a will, the other will inherit everything from the deceased spouse. That is only true if the deceased spouse died with no surviving parents and no surviving descendants from another relationship. Whether you intend to or not, if you fail to do some kind of estate planning, you could end up disinheriting your spouse to some extent.

Who Inherits in Alaska if My Spouse Dies Without a Will?

Posted by Nina Whitehurst | Dec 19, 2019 | 0 Comments

Many married couples in Alaska think that if one of them dies without a will, the other will inherit everything from the deceased spouse. That is only true if the deceased spouse died with no surviving parents and no surviving descendants from another relationship. Whether you intend to or not, if you fail to do some kind of estate planning, you could end up disinheriting your spouse to some extent.

Who Inherits in Arizona if My Spouse Dies Without a Will?

Posted by Nina Whitehurst | Dec 18, 2019 | 0 Comments

Many married couples in Arizona think that if one of them dies without a will, the other will inherit everything from the deceased spouse. That is indeed true most of the time but it is not true if the deceased spouse has children from a previous relationship. Whether you intend to or not, if you fail to do some kind of estate planning, you could end up disinheriting your spouse to some extent.

Who Inherits in California if My Spouse Dies Without a Will?

Posted by Nina Whitehurst | Dec 17, 2019 | 0 Comments

Many married couples in California think that if one of them dies without a will, the other will inherit everything from the deceased spouse. That is only true if the deceased spouse had no separate property or no surviving parents or children. Whether you intend to or not, if you fail to do some kind of estate planning, you could end up disinheriting your spouse to some extent.

Am I Responsible for My Deceased Parent's Debts?

Posted by Nina Whitehurst | Dec 09, 2019 | 0 Comments

It is bad enough when a parent dies, but then the hounding from the parent's creditors begins. The creditors try to convince the grieving children that they are personally responsible for paying the parent's debts. As a general rule, this is simply not true, but some of the exceptions can swallow up the rule completely, so it is important to understand the nuances.

Estate Planning When You Have a Stepfamily

Posted by Nina Whitehurst | Nov 25, 2019 | 0 Comments

Ideally, when a second marriage joins two families together, it should be a joyous occasion that creates one bigger family unit. Unfortunately, it too often also creates inheritance fights between stepparents and children. A good estate plan is necessary to help avoid these types of family squabbles.

Estate Planning During a Divorce: Four Key Considerations

Posted by Nina Whitehurst | Nov 22, 2019 | 0 Comments

You have planned your life carefully. With your spouse you have drawn up a will and established trusts to organize your estate after your deaths. You have made decisions about the guardianship of your children should anything happen to you both before they come of age. Together, you have put insurance policies in place for health, life, and disability. And most likely you are each named beneficiaries on the other’s retirement plan. The only thing you didn’t plan for was divorce.

Estate Planning for Digital Assets

Posted by Nina Whitehurst | Nov 21, 2019 | 0 Comments

Over the past few years, estate planning has experienced unprecedented change. As we conduct more of our lives online, planning for digital assets and online accounts is crucial to securing your legacy. Click through to read more.

How to Leave Your Estate to Your Pet

Posted by Nina Whitehurst | Nov 20, 2019 | 0 Comments

It's not as strange as it sounds: people are very close to their pets, and it's natural they want them to be taken care of after they're gone. Click through for some help in making sure your beloved animal friends are provided for.

DIY Estate Planning Mistake #11: Forgeting About the Car

Posted by Nina Whitehurst | Nov 15, 2019 | 0 Comments

I answer a lot of "Ask A Lawyer" questions online. Here is one that came up recently (slightly edited for spelling and grammar): "My mom moved from GA to NC with me. We recently went to get a new license plate for her but we could not because the title of her car had her name and her deceased husband's name on it with no "and/or" beside the name. The plate office told us to go to the clerk of court with a will and death certificate. When we got to the clerk of court they told us we had to go to GA as the title was in GA. However, we are a minimum of 4 hours from GA. Is there anything else we can do switch the title without taking a long trip?"

DIY Estate Planning Mistake #12: Making Outright Gifts of Cash (or Cash Equivalents) to Qualify for Medicaid

Posted by Nina Whitehurst | Nov 13, 2019 | 0 Comments

Some people do only enough research to figure out that you have to be nearly broke to qualify for Medicaid, so when it starts becoming apparent that they are going to need long-term care, they quickly gift things to their children and/or other people, which can result in a long Medicaid penalty period. Unless they are lucky enough to somehow convince the recipients of those past gifts to gift them back to pay for your care, you end up paying for those gifts twice. Even worse, the private pay rate is virtually always higher (a lot higher) than the Medicaid rate, so you end up having to pay out of pocket substantially more than the value of the gifts that you made.

The Risk Seniors Don't Want to Think About

Posted by Nina Whitehurst | Nov 12, 2019 | 0 Comments

The greatest risk facing nearly all seniors is the need for long-term care services. If you are an adult reading this blog, you have about a 70% chance of eventually needing some sort of long-term care, ranging from occasional home visits by nurse or other caregiver to residing in an assisted living facility (ALF) and possibly residing in a skilled nursing facility (SNF or nursing home) . Nursing home care is extremely expensive and can wipe out the life savings of most people.

Five Estate Planning Myths

Posted by Nina Whitehurst | Nov 11, 2019 | 0 Comments

There are lots of misconceptions about estate planning, and any one of them can result in costly mistakes. Understanding who needs an estate plan and what it should cover is key to creating a plan that is right for you.

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