Michigan Elder Law Blog

There was a front page article in Saturday's Wall Street Journal about who controls a digital legacy. We previously blogged on this topic in September.

Users of Yahoo email and photo services, as part of their terms of service that they agree to, expressly agree that their account won't be transferred without their explicit permission. To ensure their account transfers at death, users need to provide consent and their account information in their estate plans.

Microsoft's Hotmail will not provide families with passwords or control of an account. But with appropriate documentation it will give next of kin the deceased's emails on disc.

How can our readers ensure that their wishes regarding their online legacy/digital assets are respected? By making sure that their wishes are expressly addressed (referencing account name and their consent) in their estate plan. It is also helpful to create a reference guide listing your various accounts, usernames and passwords.

As always, your first call should be to an experienced Michigan estate planning attorney, such as the attorneys at Barsch & Joswick, PLLC, to have to proper estate plan drafted to take into consideration your wishes regarding your online legacy/digital assets. Call today for a free consultation.

We previously blogged on how the French are seeking new ways to manage Alzheimer's care. In a related story, the Chinese are moving to enforce care for older parents.

Some interesting highlights from the law:

1. Children have a responsibility to visit their parents.

2. Requires children to support their elderly parents.

3. Calls for the government to provide services for the elderly population in poverty.

4. Calls for taking the elderly into account in economic planning and urban design..

While the effectiveness of this law is subject to debate, it is interesting to see how other countries are dealing with the treatment of their elderly citizens.

If you have an elderly loved one and would like to meet with an experienced Michigan Elder Law attorney regarding the options available to them, call the attorneys at Barsch & Joswick, PLLC today for a free consultation.

Happy Holidays! It's the time of the year when we gather with those closest to us to celebrate the holidays. For some of us, this is the only time of the year we get to see family and friends. Often, when we only see a friend or relative once or even a few times a year, the change is more pronounced, whether it's weight loss, a new hairdo, or, in the case of our elderly relatives, their ability to care for themselves. Often, the reason is a decline in memory, usually as a result of memory related illness such as Alzhiemer's or dementia.

This article discusses a few important topics to discuss if you have elderly loved ones:

1. Make a plan. Your parent or loved one needs to prepare for the day when they will no longer be able to make their own decisions. This includes drafting a comprehensive estate plan with an experienced Michigan Elder Law attorney such as the attorney's at Barsch & Joswick, PLLC.

2. Be transparent. Discuss your affairs with your loved ones. Let them know where you keep your important documents. Provide them with a list of your accounts and the contact information of your professional advisors, such as your attorney, CPA, and financial planner. Also discuss your wishes with them. This will make it easier if they have to make tough decisions, such as for end of life matters, down the road.

3. Seek professional help. Resources are available to you. At a minimum, contact an experienced Michigan Elder Law attorney. Also, consider consulting with a geriatric care manager to assist with care and placement decisions or join a support group for individuals with elderly loved ones. Remember, you are not alone.

If you have a loved one who is not able to live alone, contact the experienced Michigan Elder Law attorneys at Barsch & Joswick, PLLC today for a free consultation.

The French, while often maligned by Americans, are seeking new ways to manage Alzheimer's care. This article discusses the $2 billion plan launched by the French in 2007 to improve ways of caring for people with Alzheimer's disease. Specifically, France's approach includes:

1. Boosting medical research;
2. Creating new local memory clinics and research centers;
3. Integrating regional social services and health care;
4. Improving quality of home care;
5. Expanding training for doctors and other staff; and
6. Enhancing day-care centers, night sitting and temporary accommodation.

Continue reading "Maybe We Can Learn Something from the French" »

One of the most important decisions individuals make in their Estate Plan is who will serve as their Trustee when they are no longer able to do so. Trustees are responsible for managing trust assets and ultimately making distributions from your Trust to your beneficiaries.

The job of Trustee can be a daunting and ultimately thankless task. As an Estate Planning attorney, I often marvel at how people want to undertake the position considering all that it entails. It is a job that involves a lot of time and can ultimately lead to hardship if beneficiaries impose their ill will at the trust distribution towards the Trustee, which often happens, even though the Trustee is just following orders.

This article discusses the key questions to consider in determining who to name as your Trustee. They are as follows:

1. How large and complex are the assets in the trust? If the estate is large and complex, you should consider appointing a corporate trustee. Corporate trustees typically get paid on a percentage basis, and often charge a minimum fee, which may make them too costly for modest estates. However, they provide a level of professionalism and expertise that is often missing when individuals take the position;

2. Can anyone in your family do the job? This depends on if they have the skill set to pull off the job. The job requires a heavy workload and certain skills such as having financial acumen and being a good manager come in handy;

3. What is the family dynamic? If there is disharmony in the family, it may be better to have a corporate trustee to ensure your wishes aren't usurped;

4. Other options. Another common option is to have Co-Trustees. One can be a close friend or family member, and the other can be a professional such as a lawyer or accountant or a corporate trustee. This arrangement often provides the best of both worlds.

When setting up a comprehensive Estate Plan, you should always consult first with an experienced professional to assist you, such as the experienced Michigan Estate Planning attorneys at Barsch & Joswick, PLLC. Call today for a free consultation.

More and more people in the United States are childless. According to census data, in 2010 nearly 19% of women age 40 to 44 had not given birth, compared to 10% in 1980.

This raises an interesting question - who will take care of these individuals as they age? This article provides an interesting discussion on what childless individuals should do in order to ensure their needs are meet. Some helpful tips from the article:

1. Set up Powers of Attorney (Health & Financial). This will help ensure that people you trust will carry out your financial and medical (care, custody, and placement) wishes if you are unable to;

2. Consider long-term care insurance. We've previously blogged on this topic here and here. If you can afford, it's something childless individuals should consider purchasing;

Continue reading "Childless and Aging" »

We've previously blogged on this topic here, and here, but planning for your pet's future care is a relative "hot" topic in estate planning circles. Specifically, if something should happen to you, who will take care of your pet? If your wishes are not specified, your pet could wind up in a shelter or have to be put down.

This article suggests a few steps that should be taken to ensure your pet will be taken care of after you are gone. They are:

1. Get a commitment. Find someone who is willing to become your pet's guardian. If you can't find someone, find a local "no kill" shelter or rescue organization to take in your pet;

Continue reading "Pondering a Trust for Your Pet" »

As society moves closer a fully online world, if it isn't there already, an interesting issue is arising in estate planning - how to pass down our digital assets, such as email, Facebook, Ebay and Instagram accounts? Some of you may recall in 2004 Yahoo denying the family of a soldier who died in Iraq access to his email account, citing the companies term of use of policies. How do we ensure that our digital assets pass to our loved ones, and not be lost forever in cyber-abyss?

This article discusses what happens to a persons digital accounts after they die, and what lawmakers are doing to govern access to post-death access to digital assets. Some helpful hints from the article:

1. Make sure your digital assets are addressed in your estate planning documents. Be specific so your successor trustees and executors are able to locate your online documents and assets;

Continue reading "Passing Down Digital Assets" »

I read this article and thought it would be of interest for our readers. The article discusses what you should consider in order to make the most of your trust. Here are a few of the highlights:

1. Don't attach too many strings. According to the article, one of the chief aims of estate planning should be to avoid leaving a legacy of ill will. By attaching too many strings, such as mandating that a grandchild use trust funds only for tuition at a specific university or go into a certain occupation, you are increasing your chances of there being ill will among your heirs.

2. Make special arrangements for beloved properties. Do you have a family cottage on the lake in Northern Michigan? If so, what will happen to it upon your passing? There are many options, such as dictating that it be appraised and listed for sale, kept in the family, create a family LLC to manage and maintain the property (and schedule who gets to use it when), or distributed outright to the heirs and letting them figure it out.

Continue reading "How to Control Your Heirs From the Grave" »

The state of Michigan has issued for comment a proposed change to BEM 402. The change deals with married couples, specifically the transfer of joint marital assets to the community spouse during the presumed asset eligibility period. Under the current Medicaid policy, upon Redetermination, which occurs one year from the date of the original application, the applicant just has to show that the spouse in the nursing home has less than $2,000.00 in their name.

Under the proposed change, the caseworker upon Redetermination will now be able to verify that all assets are still owned by the community spouse, and that no divestments have occurred.

The Medicaid policy is ever changing in Michigan. It is important that if you have a loved one in need of long term skill care that you meet with an experienced Michigan Elder Law attorney, such as the attorneys at Barsch & Joswick, PLLC. Call today for a free consultation.

Here's a link to a great article I read over the weekend on how to avoid estate-tax traps. With the estate-tax exemption scheduled to drop next year to $1 million, with a top tax rate of 55%, avoiding these traps are more important than ever.

The best way to avoid these potential traps is to meet with an experienced Michigan Estate Planning attorney, such as the attorneys at Barsch & Joswick, PLLC. Call today for a free consultation.

I just read a great article as to why estate planning is important. Some important points from the article:

1. Estate planning must be done while still competent. If one is not competent, they cannot execute legal documents such as a Last Will and Testament; Trusts; and Powers of Attorney. If an individual is incompetent, then the only way to manage one's legal affairs and make legal decisions is through the Probate Court (Conservator for finances, Guardianship for for health care and custodial decisions, and to handle one's estate at death).;

2. Have a conversation with your mom or dad about estate planning. As them if they have an estate plan. If they do not, suggest making an appointment with an experienced Elder Law attorney.;

Once they meet with an experienced Elder Law attorney, the individual's personal circumstances can be evaluated (financial, family, etc), recommendations can be made, and the appropriate documents (Wills, Trusts, Powers of Attorneys, Deeds, etc), can be prepared.

As the article mentions, prior to the documents being executed, it is important to discuss the particulars with your appointed Successor Trustee, Personal Representative, Power of Attorney, etc. Make sure they are aware that you would like to appoint them to act on your behalf when you are unable to do so and that they are up to the task. Better yet, have them discuss with your attorney what their rights and responsibilities are when serving as a Trustee or a Power of Attorney.

If you or someone you love does not have an Estate Plan, contact the experienced Michigan Estate Planning and Elder Law attorney's at Barsch & Joswick, PLLC today for a free consultation.

Twenty nine states have "financial support" laws that can be used to go after patient's adult children for unpaid long-term care bills. As this article discusses, nursing homes in these twenty nine states have started to use these laws as a way to obtain reimbursement from families for their loved ones bills.

As of now, Michigan does not have a similar law. However, in light of the still perilous financial condition of the state, I would not be surprised to hear talk in Lansing of Michigan adopting a similar statute to the financial support laws that are in effect in those twenty nine other states.

While Michigan does not have a financial support law, Michigan does have what is know as Estate Recovery. Estate Recovery allows the state to file a claim against the estate of any individual who received Medicaid benefits while in a long term care facility.

The best defense against such laws is the meet with the experienced Michigan Elder Law attorney's at Barsch & Joswick, PLLC. As elder law attorneys, we can provide you with the expertise necessary to navigate the ever changing laws, ensure that you won't be left paying your loved one's bills, and ensure that your loved one's assets will be protected. To find out more, call today for a free consultation.

Last month there was an emergency competency hearing in Tennessee for John Witherspoon. Does that name sound familiar? John Witherspoon is the father of Oscar winning actress Reese Witherspoon.

Mary Witherspoon, John Witherspoon's wife of 42 years, recently read in her local paper that John had married Tricianne Taylor. Mary is seeking to have the marriage annulled as she is still legally married to John, and Reese and her brother asked the judge to place their father under a conservatorship as he is not in the right state of mind and may be suffering from the early stages of dementia.

A court order placing John under a conservatorship is necessary in situations such as this to protect John's finances and to prevent him from having a relationship with his "new" wife.

If you have a loved one who is exhibiting signs of mental incapacity and you fear they may be taken advantage of by others and aren't sure what to do, call the experienced Michigan Estate Planning and Elder Law attorneys at Barsch & Joswick, PLLC today for a free consultation.

I recently came across an interesting and informative article that I thought would be of interest to our readers. Many baby boomers are likely to receive less money from their parents than thought. Additionally, they may have to help their parents financially. One of the main reasons for this is people are living longer, thereby increasing the odds they will need long term skilled care in the future. At the average cost of $7,000.00 per month, it is easy to understand how quick money can go.

However, there are strategies that can be implemented to protect and preserve a loved ones assets should they require long term skilled care. It is crucial that your parent's have a comprehensive estate plan, which will allow you to implement the strategies necessary to protect and preserve their assets. As experienced Michigan Elder Law attorneys, we can assist families in drafting their estate plan, and ultimately implementing the strategies to protect and preserve their assests. This will ensure that mom and dad's assets pass to the next generation, which is why they worked so hard and saved over the years.

To find out more, call the experienced Michigan Estate Planning and Elder Law attorneys at Barsch & Joswick, PLLC today for a free consultation.