Even though each client’s situation is unique, there are certain questions and concerns that are often brought to our attention.
My assets are nominal, why do I need a Will?
A Will is a “letter of instruction” and is one way you can be sure your assets are distributed in accordance with your wishes after your death. If an individual does not have a Trust or a Will, the probate court will oversee distribution of your estate in accordance with state laws. A written Will, or a Trust, will assure your wishes are carried out after your death.
Why do I need a Power of Attorney?
A Power of Attorney allows you to choose someone you trust to manage your affairs if you are incapacitated or unable to do so, thus avoiding a Guardianship and/or a Conservatorship.
How do I pay for long-term care and still leave an inheritance for my children?
A well constructed long-term care and/or estate plan prepared by an Elder Law attorney will allow you to preserve your assets for future generations as well as assure that your needs are taken care of as long as you live.
Does dad need to sell his home if mom goes into the nursing home?’
No, it is best to consult with an Elder Law attorney before selling or transferring any property when mom or dad have entered a nursing home or may need nursing home care.
What will happen to our adult child, who has Down’s Syndrome, after my husband and I pass away?
With a properly prepared Trust, assets can be set aside and your child can remain eligible for government sponsored benefits such as housing and medical care so your child’s needs will be taken care of even after your death.
My mother died, but I have a Power of Attorney. Can I continue to sign her name and pay her bills?
No, your authority to sign as attorney-in-fact under a Power of Attorney ceases at the time of her death.
Will the nursing home put me out on the street if I am unable to pay?
A nursing home may discharge you for failure to pay for services. However, if you have an application for MO HealthNet (Medicaid in Missouri) benefits pending, the nursing home will not discharge you.
Can the State force us to sell real estate before we apply for Medicaid?
An applican’ts personal residence is an exempt asset in most situations. However, the state may attempt to recover payment of benefits paid after death.
Dad doesn’t get around well. Will the attorney come to his home/hospital/nursing home?
Yes, just contact Reuter Law Firm and we will be happy to meet with you and your family.
