Estate planning and elder law attorneys in Ohio have been on pins and needles the past year to hear the decision about the fate of legislation pertaining to titling a home in the name of a Revocable Living Trust (RLT). The legislation was proposed by the Ohio State Bar Association to fix the problem of counting a house titled in the name of a RLT as a resource that would be included for determining if a person would qualify for Medicaid. This problem was created several years ago by an Ohio appellate court decision.
Many Estate Planning Attorneys, Financial Planners, and Accountants took note of the tax changes that President Obama recently proposed regarding capital gains taxes. If these changes took place, people inheriting real estate could suffer great tax consequences for the property they inherit.
We are in the business of helping people prepare and plan for the inevitable, so every year we write an article advising our clients about what not to do when it comes to death and disability planning. The mistakes we have seen people make throughout the past 30 years we have been in practice have caused a lot heartache, stress, and money for our clients to correct.
May 8, 2015, Roberson Law received the Business Supporter of the Year award by Good Shepherd Ministries. Good Shepherd Ministries Founding Director Dale Nieberding stated that Roberson Law was chosen to receive the award due to the integrity and Christian values that the firm exhibits in its business practices.
A common misconception is that a Will, Trust, or Power of Attorney that is prepared in one state will have the same effectiveness and powers in a different state. This is simply not true. It is for that reason why we advise clients who are moving to or from another state to have their estate planning documents reviewed by an attorney who specializes in estate planning in the state where legal residence will occur.
According to the Alzheimer's Association statistics, in 2014, an estimated 5.2 million Americans of all ages have Alzheimer's disease. One in nine people age 65 and older (11 percent) has Alzheimer's disease, and of those with Alzheimer's disease, the vast majority (82 percent) are age 75 or older. These startling statistics mean that there are millions of Americans who are in danger of not having the mental capacity to sign legal documents.
The Ohio Statutory Forms for the Health Care Power of Attorney (HCPOA) and Living Will have been updated for the first time since 2010. Three significant changes have impacted the new forms.
Two documents that we often prepare in conjunction with Medicaid planning are the Personal Services Agreement and Lease. Both documents can be very important proof for substantiating the money paid to a caregiver, who is often a family member, so that the money paid to the family member does not have to be repaid in order for the Medicaid application to be approved.
Over the years, we've fielded panicky phone calls from seniors about charitable solicitations they were receiving and from children whose parents were making inappropriate or excessive charitable contributions.
A frequent question we get asked in our office is how one can preserve retirement savings from being depleted by long term health care and assisted living costs. The answer more times than not is through the purchase of long term care (LTC) insurance.