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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:

My advice is to leave the will in the safekeeping of whomever stands to lose the most if the will is "disappeared".

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?

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.)

Litigation over James Brown’s estate has been dragging on for 14 years, but the case took a big step towards resolution when the South Carolina Supreme Court ruled that the woman claiming a spousal share in Mr. Brown’s estate was never legally married to him.

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.

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

The basic Medicaid rule for nursing home residents is that they must pay all of their income, minus certain deductions, to the nursing home.

Under the new rules of the SECURE Act, one category of individuals who are still entitled to the financial benefit of stretching distributions from the account over their life expectancy include beneficiaries of the retirement account who are disabled or chronically ill. This is a huge benefit and advantage for those disabled or chronically ill beneficiaries, possibly over other beneficiaries you may have.

As an 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.

Just like it is a bad idea to add yourself (you being the adult child, friend or other helper) to the elder's bank accounts as a co-owner, it is a bad idea to add yourself to the elder's credit card accounts as an "authorized user". That method "works", but there's a downside, which is the elder's credit card account will now appear on YOUR credit report. If they have a high balance compared to the available credit, or just a high balance in general, or a poor payment history, these things could negatively affect YOUR credit score.

Who pays for hospice care?

I always tell clients to plan for today but be prepared to make changes as circumstances change. If Joe Biden is elected as our next President (2020 election), clients of estate planning attorneys across the country will have a lot of unfavorable changes to accommodate. The changes will almost certainly have a detrimental impact on capital investment in the US.

The coronavirus pandemic has had a devastating impact on the elderly, particularly those in nursing homes and other long-term care facilities. This has raised questions about how the virus has influenced the costs and provision of long-term care insurance, which covers care in facilities and sometimes at home as well.

An individual with mental health issues can benefit greatly from having proper health care directives in place, especially since it allows a chosen, trusted loved one to help with decisions about care, treatment, and medications, as well as the ability to help complete paperwork.

Illegal evictions of Medicaid nursing home residents are nothing new, but the coronavirus pandemic is exacerbating the problem, according to an investigation by the New York Times.

No parents want their children to fight among themselves after they are gone. Sadly, conflicts often arise, especially when a parent has gifted or loaned money to one child and not others. However, a few key words in your estate plan can minimize the potential for conflict.

there are often ways to expedite the death benefits process to receive them quickly to help pay for death expenses.

The Setting Every Community Up for Retirement Enhancement (SECURE) Act, part of the massive bill, makes major changes to retirement plan rules, including inherited plans.

Typically, adult children have three options when they inherit a house from their parents: they can move in, sell, or rent it out.

As baby boomers age, more and more millennials are becoming caregivers. Many are taking on this role while just getting started in their own lives, leading to difficult decisions about priorities. Proper planning can help them navigate this terrain.

As a Crossville estate planning attorney, I would like to share some remedies to consider when you find yourself dealing with an untrustworthy trustee.

Medicare is adding a new outpatient opioid treatment benefit, paying for methadone and related treatment in certain facilities.

If you don't have a will or trust, you have no control over how your estate is distributed.

Medicaid law provides special protections for the spouses of Medicaid applicants to make sure the spouses have the minimum support needed to continue to live in the community while their husband or wife is receiving long-term care benefits, usually in a nursing home.