Monday, December 11, 2017

Don't Forget To Update Your Estate Plan in the New Year

Estate plans like everything else in life needs to be renewed on a yearly basis. The fact that you had it done at all does not mean you should lock it up in the safe to gather dust. Every day there are changes in your life from personal circumstances, finance, health, and business dealings of great importance. These changes inadvertently could make your last estate plan obsolete, and there is the need for new plans to prevent unforeseen crises from posing greater burdens to your family.
Your estate planning will improve on the last draft and take care of any infraction of the law in case there have been changes in the law upon which the old Wills was made. The following outline the reasons you need to update your estate plan in the New Year.

Changes in Tax Laws

The law of the land is what gives Wills its legal teeth. If your estate plans run contrary to provisions of the law, it may become a burden to your family after you are gone. Engaging in estate planning update helps to bring your current wills under the prevailing law.

Divorce and Marriage

The last estate plans you did, you were in a marriage, but you just divorced and to leave the Wills in favor of your ex-partner will cause problems for your survivors when you are gone. Updating it now will replace it with the right beneficiary.

Changes in the Size of Your Estate

We grow older every day; your asset may increase or reduce as the case may be. Whatever is the situation, estate planning will add the correct asset value in your estate to make life a peaceful one for your family after your departure.

Acquisition or Disposition of an Asset

When you change the physical structure of your asset whether by acquiring more assets or you dispose of some assets, it is expedient to update your estate so you can factor in the new reality into your Wills.
Change in trustee, guardians or personal representatives. Wills are drafted to settle our estate most amicably after we departed; at the time of the last draft, your baby had a Guardian whose name appeared in the Will, but that has changed to a new person. A new estate planning will take care of the changes in the name of the guardian or representative.
New Thinking
We all seem to get better with the passage of time; this may be enough reasons to have a rethinking on some issues which may necessitate a change in your estate document.
New Rules Surrounding POA Rules
Some financial and health institutions have laws that may cause them to refuse Power of attorney if its older than certain age (a year or two), updating your estate planning will make your current Wills fresh, new, and current to make your Wills acceptable.

A yearly update of your estate plans makes it current and agrees with your life at the moment. Your survivors will have no problem executing your wills after you are gone without constituting a burden to your loved ones.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Wednesday, November 22, 2017

Functions and Duties of an Elder Law Attorney

Elder law attorneys and elder care attorneys deal with legal needs of the elderly – those typically above 65 years of age. Elder care attorneys also work on behalf of their disabled clients who are below 65 years of age and have similar long-term care needs to those of the elderly.

Duties of an Elder Care Attorney

One of the main functions of an elder care attorney is the provision of legal assistance in the case of will and estate planning of the elderly. The scope of elder law attorneys, however, extends to assisting the elderly with any legal issue they may have. These issues include:
  • Living wills – An elder law attorney helps to draft a will and advise on estate planning that protects the interests of the elder and the family.
  • Long-term care – An elder care attorney uses his experience and expertise to locate the right nursing home facility that will provide long-term quality care at an affordable cost that works for the elder and his family.

Nursing Home Care

An elder care attorney also keeps abreast with the deliverables promised by the nursing home and ensures that they carry out their obligations efficiently. Should the need arise; the elder care attorney defends the rights of the resident against neglect, negligence or improper treatment of the resident.
  • Guardianship – An elder law attorney advises the elder on the prudence of enabling a family member or any other responsible person to make decisions on his behalf with regard to his health, finances and legal issues if he becomes incapacitated.
  • Medicaid Eligibility – An elder care attorney advises on how to plan for long-term care while protecting your estate from being taken up with medical costs. The three main ways of paying for long-term care is either self-paying, long-term care insurance or Medicaid.
An elder care attorney helps to advice through the complicated web of Medicaid eligibility and by understanding the system guides the elder in a successful estate planning.
  • Probate administration and representation – An elder law attorney facilitates arrangements of estate administration and representation early in advance for the benefit of the family. In the event that disputes do arise after the passing of the elder, the elder law attorney helps in resolution of these disputes including matters of a contested will.

Factors to consider when choosing an elder care attorney

  • Expert and exclusive focus on elder law – Elder law can be very complex, detailed and ever-changing and the ideal elder care attorney is one who is intimately familiar with it and practices it regularly and seriously.
  • Experience – Long-term expertise and experience are the cornerstone of a successful elder care attorney who is able to handle each client’s case in an individualized and experienced manner.
  • Active and Good Listener – The ideal elder law attorney is one who takes the time to understand the client’s needs and specifications and is attentive to listen and care about your welfare and working together with you to craft the best solution.
Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Tuesday, November 7, 2017

Elder Law: Helping Seniors Plan For Their Future

One of the best things about U.S. law is that there are so many different areas of it that cover all aspects of life. Among the many different areas of law that attorneys can specialize in, elder law is just one. Elder law comprises of helping aged people plan for their future and for what happens after they pass away. While it's not a subject that people enjoy talking about, it's a necessity for all seniors. Attorneys who practice elder law can help elderly people with all aspects of their current life and assets.
Many different issues fall under the elder law heading, but some of the most common are outlined here.
  1. Estate Planning

It's crucial that a properly executed will is prepared for you to make sure your estate is adequately handled after your death. Meeting with estate lawyers to discuss your heirs and last wishes are crucial if you have an estate of any size. A will that clearly and concisely states who will inherit what and how your estate is to be distributed can prevent your heirs from squabbling about your estate after you've passed away.
  1. Protecting Seniors from Abuse

This is one of the most distressing examples of why you may want to consult an attorney specializing in concerns of the elderly. If you have an aged parent who is in a nursing home, receiving skilled nursing care, or being cared for by someone else and you suspect that your parent is being neglected or abused, you must consult with a litigation attorney as soon as possible who specializes in cases of elder abuse. They can give you the guidance and support you need while investigating and filing suit against the abuser or abusers.
  1. Conservatorships

It may be necessary to establish a conservatorship over an elder's estate when proper estate planning documents have not been put into place. To make financial decisions essential and healthcare for an elder court intervention is sought to grant someone the authority.
  1. Help with Financial Planning

Are you planning to retire? Then an elder law specialist can help you develop a stable, long-term financial plan that will protect your finances while allowing you to live comfortably in your golden years. Estate lawyers can also help you choose an appropriate nursing home or assisted living facility when the time comes and oversee your finances to make sure your bills are paid, and your property is handled correctly.
  1. Social Security Disputes
Social security is a financial safety net for many seniors after retirement. Depending on the monthly checks you receive from social security can be difficult, particularly if you don't feel you're receiving appropriate benefits. If you have a dispute over your social security payments, an elder law litigation attorney can represent you and protect your interests, helping you get the social security benefits you deserve.

An elder law attorney can be an excellent partner for you as you plan out the legal and financial aspects of the next stage of your life or the life of a loved one.
Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Thursday, October 26, 2017

The Importance of Estate Planning

The purpose of estate planning is to help you achieve your personal and family goals after you pass away. It ensures that your assets will end up in the hands of those people whom you wish them to go to so that you can reach your personal and financial goals even after you die. You also can reduce the amount of taxes paid by planning your estate in the right way to ensure that your heirs receive a more substantial inheritance.

Estate Planning Attorney

Know this; your state treasurer or an attorney may be the most significant beneficiaries when you pass on if you don't have an estate plan. Your family will be able to avoid unnecessary taxation and high payments to an attorney with estate planning and trusts. Proper estate planning by a probate lawyer doesn't have to cost a fortune, and it puts you in control of the division of assets. It gives you control from the grave on the disposition of your items besides saving dollars that you want to go to your family.
The saying that the only two sure things in life are death and taxes has existed for centuries. Death is certainty and something that must be faced, but people don’t like thinking about it. A plan for your estate consists of a set of documents that help you plan for taxes and death, and it is something that nearly everyone needs -- regardless of their financial and familial affairs are complex or simple.

Do You Want Probate Courts To Decide For You?

Many of these are problems most of us never think of during our lifetimes or are things that we simply choose not to believe. But if there is no plan in place, these issues are handled by the courts. It is therefore essential to have a plan in place so that you can decide for yourself the best choices for your family, such as who will care for minor children, who will receive your property, and who will finalize your affairs.

Naming an Executor

You also name an executor or executrix for the estate in the will. This is the person in charge of distributing the property at your demise. It is best to name an alternate if the primary executor is unable to do the job. You can use a spouse for this or a trusted child. This person overlooks the work of the attorney at the time of your death and arranges for the distribution of your property. If you worry about finding you'll want someone else later, don't. You can change any part of your will at any time.
Estate planning can be a somewhat complicated matter, and it does require good judgment to ensure that you achieve the outcomes you desire. It gives you a choice while you are alive to determine who, what, when, where and how your estate will be handled. It also allows for substantial savings when dealing with tax issues, court costs, and attorney fees. Planning your estate also helps your loved ones avoid the burden of having to deal with bureaucracy and confusion after you pass away.
Planning an estate can be a bit overwhelming. However, a lawyer specializing in estate plans has the knowledge and experience necessary to guide you through the process while. When you have a good plan in place, you are given the peace of mind knowing that all of your affairs will be handled as you wish after you leave this earth.
Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Tuesday, October 17, 2017

Legal Services for Family Issues

Different types of family issues can be handled with the help of professionals in legal practices. Legal professionals are needed for making wills and trusts in order to give property to legal owners. Trusts are made in order to handle all the finances in a professional manner. Wills are made by people at the time of death in order to distribute their property to their desired people.
  • Many professionals in law are available in order to provide services for making wills and trusts to help users.
  • With the help of professional assistance it is possible to get benefits in many ways and remain safe from legal complications.
  • You can have your family law attorney who will work for you and deal with your family issues.
  • All types of legal issues related with any family can be handled with care with the help of professionals.
  • There are many legal complications which are involved at the time of distribution of property.
  • If the family members are not able to settle the matters of property among them then they have to consult with legal professionals who will check the matters and get legal decisions.
  • Those people who have property and money and who are willing to give them to a desired person at the time of their death must use wills.
They hire professionals in law who will draw up a will for them. This legal document is used after the death of the person. In this document all the details about distribution of property are mentioned to help in smooth working. All the heirs of deceased person are required to work as per instructions of will. Details are mentioned about the amount of property and money to be given after the death of owner of property.

Lawyers and attorneys are given wills to make sure that the details and instructions in the will are completed and followed. Many people like to make a trust so that they can give care and money to their desired people. Trust is handled by legal professionals as per instructions of makers of trust. A beneficiary is nominated in trust who will receive the benefits of trust.

There is a specific term for which trust will work and at the time of completion of that period the person nominated as beneficiary will receive the benefits. Trusts are working to make sure that the nominated people could receive benefits without problems. Mostly trusts are made for kids who are not mature enough to take care of themselves. A beneficiary is nominated who works to make sure that the rights of kids are completed till a specified time period.

On that time the rights of property are transferred to kids and they are able to use the property or other things in trust. These and many other family related matters are handled with care through professionals in law. Many people are using wills and trusts and using services of legal professionals. You can hire a family law attorney who will work for you and deal with all types of legal issues to make sure that you can get benefits.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Wednesday, September 13, 2017

Estate Planning Legal Services

When it comes to estate planning there are a number of professionals that can provide you assistance but none as thorough as an attorney that specializes in estate planning, family law, and/or elder law.  It is important to have the help of a professional when looking into creating a plan for the future and creating an estate plan.  An estate plan will help ensure that your property is distributed properly to your family and friends upon your passing.

Estate planning was designed to cover a person’s whole life span in matters related to their life and death.

Facts Surrounding Estate Plans
  • You can hire an attorney that specializes in estate planning to assist you in establishing a reliable plan of action for your estate. This is helpful in case of your untimely passing or if something should happen to incapacitate you.  It allows your wishes to be known and followed through on.
  • Having an estate plan in place not only offers you as an individual protection but your family as well.
  • Estate planning allows you to avoid probate court and give protection to your family members and friends.
  • An estate plan allows you to keep your money and property while you are living and transfer it legally to family.
  • Many different benefits are derived from creating an estate plan. One benefit that is important is that you can nominate a person who will use the property at your death so that the property and other important belongings can remain safe from unauthorized access.  It also allows your property to be transferred to the desired people.
  • Often times an attorney specializing in estate plans in order to get the biggest benefits. Professionals can offer up a number of options for users to choose from when they are creating plans for their estate.
All of these options will help make reliable selections when creating a detailed estate plan.  With the help of an estate planning attorney you get legal protection for your money, property, and other important things. Detailed investigation and reporting will be done and legal steps will be followed to make sure that you are going to use the property and transfer it to your desired persons.

These types of plans are important as these help in legal transfer of property from one person to another. Property matters are complex and take a lot of time to settle. In case of estate plan it is possible to transfer the property to the legal owner at the death of original owner.

Estate plans are reliable and legal in order to help users to remain safe from problems in transfer of property. There are many types of problems in connection with transfer of property when the original owner is dead. Estate plan is giving details about the legal owner who will use the property after the death of original owner.

The original owner is able to transfer the property and other things to desired persons with the help of estate plan. If you want to use the property and transfer it to legal owners of your choice after your death then you must use estate plan. You can hire attorney specializing in estate plans in order to get these types of services.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Friday, August 25, 2017

Top Four Benefits of Hiring an Estate Planning Attorney

Our thought process is something that we can control, aging however is not.  With aging comes the need to realize that life doesn’t go on forever and that it may end before you know it.  If you have had a beautiful life, lived in a lavish home and your family has a bright future ahead it is crucial that you have a plan in place for your passing.  You want to ensure that your family has an immediate plan for the future while ensuring your complete control over the plan until you are mentally unable to.

This is where hiring an estate planning attorney comes into the scenario to help manage all of the legal matters regarding your assets.  The process is one that takes time and is continually updated to include all of the changes in your life as they happen.  There are many complexities when it comes to passing on your estate.  It is beneficial to hire an attorney that specializes in estate planning, wills and trusts, and probate law to establish a plan of action for a time when you pass or are no longer able to make decisions on your own.
  • Wills and Beneficiaries
It is a basic obligation to state your will before your death to avoid chaos in the case of an untimely death. How to legally handle the divisions and ensure that the plan laid out is followed is the task of your estate planning attorney, who will make it his/her primary objective to execute your will.

The beneficiaries you state and the decisions you make will not involve any personal opinion by your professional assistant, but the end result will be as pragmatic as possible under his/her watchful eye.
  • Reduced Taxes and Probate
Someone who owns real estate that catches a lot of attention becomes the talk of the town where he/she resides in case any legal ruling is called out. This is where estate planning comes into play; your attorney will make sure all your rights are intact and that you are not a victim of any disrespectful ruling.

An estate law attorney is equally as helpful when it comes to dealing with taxation because he/she keeps an eye on each dollar extracted from your pocket, and reserves the right to question any authority that decides to take more out of you than it is entitled to.
  • Recognizes Your Individual Needs
An estate attorney is the friend you need to talk out all your financial concerns with because those who are wealthy are not necessarily completely satisfied with life. A professional attorney is well trained to understand the perplexed images which blur the mind of their employers, and are well equipped to handle emotion with rationality.

In addition, they are some of the finest bunch you can find if you are looking for individuals who understand before recommending.
  • Legal Enforcement
Attorneys are in business because the law is not for everyone to have an in depth knowledge about. Sometimes the most achievable of tasks turn out to contradict the law, and that is where your attorney should step in to inform you the feasibility of carrying that task out under the law your country abides by.

These legal mandates become very binding in these later years of one’s life, and your estate planning attorney is all the protection and brainpower you need to deal with them.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at http://seanjnichols.com/estate_planning.  To contact the offices of Sean J Nichols call 734.386.0224 today.