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Caregiver Contracts: How to Pay a Family Member for Care

Posted by Nina Whitehurst | Nov 11, 2020 | 0 Comments

Entering into a caregiver contract (also called personal service or personal care agreement) with a family member can have many benefits. It rewards the family member doing the work. It can help alleviate tension between family members by making sure the work is fairly compensated. In addition, it can be a be a key part of Medicaid planning, helping to spend down savings so that the elder might more easily be able to qualify for Medicaid long-term care coverage, if necessary.

What to Do if You Think Your Inheritance Was Stolen

Posted by Nina Whitehurst | Nov 04, 2020 | 0 Comments

For almost every wrong there is a remedy, but you cannot just sit and wait and hope things work themselves out. If there are bad actors involved, those things will not work themselves out without some kind of intervention. If there is no intervention, the bad actors WILL eventually get away with their wrongdoings with the passage of time. YOU must take the bull by the horn and claim what is yours.

5 Ways Your Will Can Become Useless, Or Close to It

Posted by Nina Whitehurst | Oct 21, 2020 | 1 Comment

While wills do not have expiration dates, certain changes can render them useless. When this happens, having an out-of-date will can be the same as having no will at all. It is important to review your will periodically to ensure it still does what you want. The following are five ways your will can become out-of-date:

A Letter of Instruction Can Spare Your Heirs Great Stress

Posted by Nina Whitehurst | Sep 02, 2020 | 0 Comments

A letter of instruction is a legally non-binding document that gives your heirs information crucial to helping them tie up your affairs. Without such a letter, it can be easy for heirs to miss important items or become overwhelmed trying to sort through all the documents you left behind. The following are some items that can be included in a letter:

Who Gets Copies of the Will After a Person Dies?

Posted by Nina Whitehurst | Aug 19, 2020 | 0 Comments

Many movies and television shows have a scene where a family gathers around a big table after a relative has died to listen to the reading of the will. While this makes for a dramatic scene, one that may have been more common when literacy rates were lower, it doesn't usually happen this way in the modern world. There is no requirement that a will be read out loud to anyone. So what does happen with the will?

Estate Planning When You Live in Two States

Posted by Nina Whitehurst | Aug 12, 2020 | 0 Comments

While you should not need a separate will or trust for a second state, your power of attorney and health care proxy may be a different story. Financial and health care institutions are used to the documents used in their states and may refuse to honor out-of-state documents. In the case of health care proxies, other states may use different terms for the document, such as “durable power of attorney for health care” or “advance directive.” (And the people reviewing your power of attorney or health care proxy may not be well versed in constitutional law.)

Is Assisted Suicide Legal in Tennessee?

Posted by Nina Whitehurst | Jul 30, 2020 | 2 Comments

Occasionally we are asked whether assisted suicide is allowed in Tennessee. It is a fair question, because "helping" someone to take his or her own life IS considered murder in every state, absent a statute to the contrary. There are only a handful of states that have statutes that allow assisted suicide. As of this writing (July 30, 2020) those states are Washington, Oregon, California, Colorado, Maine, Vermont, and New Jersey.

How Secure Is Social Security?

Posted by Nina Whitehurst | Jul 29, 2020 | 0 Comments

For years people have been worried about Social Security’s future, but what is the actual outlook? According to the federal government, unless Congress acts to intervene, Social Security shortfalls are expected beginning in 2035

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