Blog & Updates

Question:          My loved one is getting to be too much for me to care for on my own, but I would like to keep him at home.  Are there any options?Answer:            The Medicaid Waiver program is an assistance program that provides a meaningful amount of care in a home setting.  The program can cover the costs of in-home care, adult daycare, equipment needed for a person to safely reside in the home, and other benefits.  This program is especially helpful when family members or other loved ones are able to do some of the caretaking but need a […]

Question:       What are the legal effects of dying without a Will?Answer:        Assets like life insurance proceeds, or non-probate assets like a Transfer-On-Death account, automatically transfer when you die regardless of whether or not you have a Will.  That said, the state of Indiana, as does every state, has a series of laws that determine every possible contingency for distributing your possessions should you call Indiana home and die without a Will. This series of laws is called “Intestate Succession”: you are “intestate” or “not testate” if you do not have a Last Will and Testament, and “succession” refers to […]

Employers rely on their employees to carry out their day-to-day tasks and to properly represent the needs of their employers.  Unfortunately, at times those acts result in legal liability to third parties.  When employees subject their employer to legal liability to third parties, courts use the doctrines of Respondeat Superior or vicarious liability to make the employer responsible for the actions of the employees. The Indiana Supreme Court and the Indiana Court of Appeals have recently issued several decisions concerning these doctrines. Based on these decisions, employers must be even more vigilant in training and preventing their employees from committing […]

I own an LLC with my brothers. What happens to our business when one of us dies?Generally, business interests are transferred to the deceased individual’s beneficiaries, along with the entirety of their estate, in accordance with a Last Will and Testament, or, if the individual dies without a will, in accordance with the state’s intestacy laws.In the case of an LLC, the company’s Operating Agreement oftentimes alters this general rule, governing what interests, if any, the deceased member may transfer.  For instance, the Operating Agreement may allow a beneficiary the right to receive profits while limiting their involvement in management.  […]

TOD Deed stands for “Transfer on Death Deed.”   A TOD Deed is to real estate what POD (“Pay on Death”) is to bank accounts.  One can set up a bank account and name “pay on death” beneficiaries.   When a person sets up a POD bank account (“account owner”), there are no restrictions as to the account owner’s use of the funds in the account.  In fact, the account owner can use all of the funds in the account and there may be no funds left at his/her death, but if any funds do remain, the remaining funds are payable to […]

Question:  Is it cheating the government to do planning for and to become eligible to receive Medicaid, and to protect your assets?Answer:  Absolutely not.  Medicaid and asset preservation planning is legitimate and very legal if done with the assistance of a professional and qualified elder law attorney. Two specific reasons for doing so are as follows:If you have ever had a job you have paid into the system, i.e. you have paid into Medicare and Medicaid. Every paycheck that you have ever earned deducts money to pay for you to eventually receive Medicare and Medicaid.Planning for and becoming eligible to […]

Sometimes it is very clear to a family when a loved one needs assisted-living or long-term nursing home care. Perhaps there has been an accident or a health emergency that signals that the loved one is going to need more assistance than what can be provided at home. But other times, a loved one’s decline is more gradual. There may be increased forgetfulness or a general growing inability to take care of one’s personal hygiene. It is a difficult decision to ask a loved one to leave their home and move to a facility, even if it is so that […]