Month: May 2016

Dispelling a Malicious Myth: Irrevocable Trusts Aren’t Irrevocable

It’s counterintuitive, we know: irrevocable trusts are revocable (and amendable). Unfortunately, irrevocability is a malicious myth. The uninformed could spend years relying on an old, out-of-date trust that could be updated and improved without too much effort. Yes, the so-called “irrevocable trusts” absolutely can be, and, often, should be, modified.  In this issue, we’ll identify: […]
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Poorly Done Estate Settlement Can Create Real Estate Title Problems

When a family member dies, there are many legal and financial things that need to be taken care of.  That process is commonly called “estate settlement.”  It is also called Probate.  There are costs involved with the estate settlement process.  Taking care of all that needs to be done usually entails a lot of work.  […]
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Life Care Planning: Life Beyond Law

What is a life care planning law firm? How is it different from a typical elder law firm? The answers to these questions describe what makes Weatherby & Associates truly unique. They also reflect the passion and commitment of the firm’s staff to the ongoing work of helping our clients thrive. For more information on […]
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Nearing 65 and in a Marketplace Plan? Medicare Is Almost Always Your Best Bet

Are you approaching age 65 and currently covered by a marketplace health care plan under the Affordable Care Act (aka “Obamacare”)? If so, you should think carefully about your options. While it’s possible to keep or renew your marketplace plan once you become eligible for Medicare, there could be steep costs for doing so, and […]
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Resident-on-Resident Abuse Is Common in Nursing Homes

One of a family’s worst nightmares is their loved one suffering abuse in a nursing home or assisted living facility. Abuse can come from staff members, but a more common source of abuse may actually be other residents. Researchers believe that despite the prevalence of the problem, resident-on-resident abuse is underreported. A 2014 study by […]
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Six Ideas for Distributing an Estate’s Personal Property in a Fair Way

Unlike money, personal belongings usually cannot be divided equally after their owner passes away. For this reason, distributing possessions like furniture, jewelry, dishes, silverware, artwork, photographs or clothing is often the most difficult challenge in settling an estate. (Just ask Audrey Hepburn’s two sons.) It can help if the deceased person had stated in her […]
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CAN YOU BE HELD RESPONSIBLE FOR YOUR PARENT’S NURSING HOME BILL?

Have you ever heard of state “filial responsibility” laws?  Although rarely enforced, 29 different states have laws that require children to provide financial support to their indigent parents under certain circumstances.  In the context of long term care, those statutes could potentially result in adult children being liable for their parents’ sizable nursing home and […]
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