Estate Planning and Probate Representation in Toledo
Dealing with the assets of an individual’s estate can be a very complicated process. Not only is there often some confusion about how to access the assets, but it can also be unclear how they should be allocated under special circumstances. The best time to manage individual assets is in advance whenever possible.
Many aspects of estate planning and probate are challenging. The situation can bring out the worst behavior in otherwise rational people. The Schuller Law can help manage the concerns of all parties involved.
Prevent nuisances and potential disputes in your senior years by mapping out plans for your assets in advance. You and your loved ones will have peace of mind knowing that an arrangement is already in place before a time of crisis. The Schuller Law Office can guide you through the process of estate planning and probate.
Basic Estate Planning
When it comes to managing your assets, basic estate planning takes many forms. It includes preparing wills, trusts, powers of attorney, and HIPAA guidelines. You want to be sure that you designate in writing the person you wish to handle decisions regarding your health and finances.
Without advanced planning regarding powers of attorney and HIPAA guidelines, your loved ones may be unable to act on your behalf or to obtain essential medical information. Don’t leave these crucial details undefined.
Eligibility for Nursing Care
Nursing care, senior living, and assisted living facilities are costly—as much as $100,000 per year. Qualifying for Medicaid assistance has very particular guidelines in terms of allowable assets, which can be a challenge for those who want to retain some properties to pass down to their loved ones.
It would help if you had the guidance of an experienced attorney who understands the complicated legal requirements regarding Medicaid and personal assets. Medicaid typically goes after your estate after death to recoup any possible expenses for long-term care. A revocable living trust can help to protect as many of your assets as possible.
As seniors face advanced age and possible lapses in mental health, it may become necessary to appoint a legal guardian. A legal guardian can make decisions on behalf of the individual and is presumed to be acting in their best interest. When determined in advance, the senior can choose who will have this responsibility.
However, assigning a guardian to an individual’s estate requires the assistance and witness of an experienced attorney; this can be a very challenging issue and should not be handled on your own. Call The Schuller Law Office for a free consultation about estate planning and probate issues.
Few things are more saddening than watching family members argue and fight over the estate of a loved one. It can turn loving siblings against each other, resulting in grudges that can last for years. Many wills are contested, including claims of fraud.
Whether or not there is a will directing how assets should be divided, an attorney is an impartial third party. By acting as a mediator, the attorney can help the heirs split the estate’s assets and settle disputes. The Schuller Law Office make sure family wealth transfers fairly and according to the wishes of the asset holder.
Preventing Financial Abuse
Unfortunately, seniors in Toledo and elsewhere are often the target of financial scams. They can easily lose significant amounts of money and other assets to shady people who do not have their best interest at heart. Because seniors are often more vulnerable, legal protection and guardianship can protect them against financial abuse.
Sometimes, it’s too late, and seniors have already lost a significant portion of their assets. However, legal representation can help in this situation, also. Attorneys can fight on your behalf to try to recover assets lost through financial exploitation.
Investigating Nursing Home Abuse
We always hope that nursing homes will be safe, healthy environments, but sometimes, seniors are victims of abuse. They may find themselves being financially exploited, physically or emotionally abused, or neglected by nursing home staff.
If you suspect that someone you care about has been subject to a situation like this, it can be challenging to prove. Having an attorney on your side can make it easier to verify nursing home abuse. Once you confirm the abuse, you may be able to seek punitive damages from the nursing home.
Other issues associated with estate planning and probate include planning for the transfer of a family business, using advanced tax planning strategies to protect assets, and advising executors about estate administration.
When you want to resolve the complicated issues surrounding estate planning and probate litigation, call an experienced attorney like Jim Schuller. Contact his office today at (419) 535-0311.