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What is the Senior Safe Act? by Daniel K. Leininger
In recent years, more attention has been given to the threat of senior financial exploitation. Unfortunately, it is all too frequent that caregivers and persons acting under a financial power of attorney for a senior use their positions of influence and power to take the senior’s money for their own benefit. Financial professionals may be the first to notice suspicious patterns of unusual activity on a client’s account, like atypical withdrawals or a sudden interest in risky assets that do not track with the client’s previous investing policies. In the past, such professionals hesitated to take action out of concern […]
My uncle just died and I am named as the executor of his estate. Where do I start? by: Janell Sprinkle
As executor, you are responsible for carrying out the terms of your uncle’s will and overseeing the administration of his estate. Your duties will vary depending on the complexity of the estate, but generally, you are in charge of inventorying his assets, paying any debts and taxes due, then transferring what’s left to those entitled to it. A good starting place is to locate important documents including death certificate, Will, and any Trust Agreement. You will also want to gather documentation of assets such as current bank statements, investment statements, deeds, life insurance policies, certificates of title, etc.Next, speak with your […]
Financial and Estate Planning by: Jesica L. Thorson
My husband and I are in our 80s and we are worried that we will not have enough to live on if one of us should need to pay for home health care or nursing home bills. Can we do anything or is it too late? It is never too early or too late to do financial and estate planning. It is true that the earlier you start the more options are available to you, but even when you get a later start, there is still very effective planning that can be done and wonderful savings achieved. Medicare, supplemental medical […]
Senior Life by: Kurt Bachman
Question: Is there a new law that requires me to change my current health care representative appointment and living will documents? Answer: There is a new law that was enacted in 2021, which became effective July 1, 2021, that allows Indiana residents to combine their medical durable power of attorney, health care representative appointment document, and living will advance directive all into one comprehensive form. However, you are not required to take advantage of this new law if you previously executed otherwise legal and valid documents up to December 31, 2022. Thereafter, all Indiana residents desiring to utilize the […]
What is a TOD Deed? by Daniel K. Leininger
TOD Deed stands for “Transfer on Death Deed.” The owner of real estate can have his/her attorney prepare a “Transfer on Death Deed” which names the beneficiaries who are to receive ownership of the real estate after the death of the owner. The owner signs the Transfer on Death Deed and it is recorded in the county recorder’s office in the county where the real estate is located. Once recorded, the owner is still free to do what he/she pleases with the real estate: mortgage it for a loan, sell it, or transfer it in any way, all without the […]
How to Handle a Loved Ones Decline by Heidi B. Adair
Question:I noticed a decline in my loved one over the holidays. What should I do?Answer:This often happens during the holiday season. It is the time of the year when the focus turns to family and a change is often noticed. One of the key actions you can take is to approach your loved one to see if they already have a relationship with an elder law attorney. If they do, schedule a review meeting with that attorney. Attempt to schedule the meeting so that you and your loved one can attend together. If he or she does not have an […]
Death & Probate by: Kurt Bachman
I am asked by clients all the time the question: Do I need a Trust to avoid probate in Indiana? The simple answer is: No. The more accurate answer is: It depends.Probate is the legal process by which a court of competent jurisdiction appoints an executor / administrator / or personal representative (synonymous terms often used interchangeably), to pay expenses of a decedent; and, to gather, collect, value, and transfer assets of a decedent to the next of kin or properly designated heirs. This process is public and can become cumbersome, lengthy, and expensive. Trusts are often used to legally […]