Becoming a Minnesota Probate Executor

Posted on May 19, 2021 by jlawyer

Becoming a Minnesota Probate Executor

So, say that there are people who want the will to go through probate. That’s fine. However, someone might have tasked you with the duty of becoming a Minnesota probate executor. Perhaps you’re feeling frightened as if you’re a bride or groom having second thoughts about getting married. To provide some clarity, here’s a bit more information on what this role might demand of you.

Understanding how probate law impacts this situation is key to helping you decide on what’s best for you. This is definitely something you should think about if you’re helping someone start their estate planning ventures or if someone close to you just passed on.

Decide How the Work Gets Done

Working with a probate lawyer can be expected depending on the circumstances. It’s how you work with them that is the part you may want to decide on early on. As the potential executor of the estate, maybe you want the case turned over to the lawyer or perhaps you want to deal with most of the issues yourself and only get outside help when you need it. Either way is perfectly fine, as long as you’re comfortable with the arrangement and the work gets done in some capacity.

For anyone who is planning on becoming an Minnesota executor in the future, it might be wise to discuss this with the person you’re representing well in advance. They might have a lawyer in mind for you, and finding out who that is can make things easier for you.

This is true even for situations where you will be working on most of the estate and ensuring that everything is properly accomplished. After all, one of the central parts to an executor’s role is to ensure that all of the deceased’s wishes were carried out as well as they could have been. And that may mean talking things through with the attorney who helped them set up their estate planning ventures.

Time Commitment

Don’t go into this situation before you’ve factored how long everything may take. Going through probate can take time. This ordeal may go for a half to a full year to get all the stuff finished. Probate may happen so that what wasn’t properly allocated to beneficiaries or was otherwise left untouched can get put in order.

The role of an executor isn’t one that you should rush into. It would be wise to seek guidance if family members or friends of the deceased are pressuring you to accept the role and/or to hurry up the process. Their intentions may be well and good, but that doesn’t mean that you should stress over the matter.

One conversation point that you may want to bring up is that this matter is, more or less, at the mercy of the court. Being appointed as executor lies in their hands. The deceased may have wanted you to be the executor for all intents and purposes. That said, the court will have to appoint you, and even after they do, you’re liable to being held accountable for your actions relating to the deceased’s estate.

Being the executor grants you the ability to help everything move forward, but you can’t decide that nothing more will be done until nothing more needs to be done. Should closing out the estate as soon as possible be your goal, you’re going to need to be on the very best of terms with everyone involved and perhaps guarantee that they’re working on the best of terms with each other.

Those Assets Under Your Protection

It doesn’t matter how many assets that you receive from the estate at the end of all this or how much needs to be sold off. What matters is that you internalize that as executor, you’re not only responsible for how the assets are handled but also how they’re protected. You may be signing yourself up to become a human safe deposit box for the deceased until further notice. This whole ordeal may have started due to some asset-related problem, and should you be the one to cause another bad thing to happen, be prepared to explain yourself.

Moreover, you’re responsible for providing beneficiaries with an estate inventory. They might only be anticipating you to take care of what’s supposed to go to them. Still, they also need a complete inventory of what property you oversaw. This isn’t something you can write off. You’re held accountable to giving them the real information. There’s no use in slacking off. So, it’s best that you’re honest with all involved parties.

Money and Numbers

It’s possible that you may feel like an accountant around this time, especially considering that you’re the one who might be in charge of doing taxes for the person you’re serving. Creditors may or may not be there, but there’s also handling income taxes and estate taxes, too. Sure, it’s all numbers and money when it comes down to it. It’s just that this stuff has to get done by somebody. The government probably wants to know that everything for the deceased is all finished.

Being an executor also may entail sending the deceased’s final medical payment along with paying off burial-related expenses. Accounting and legal bills can be two other factors that need to be handled by you as well. As far as any executor is concerned, their job isn’t done till each and every last bill has been put to rest. You may as well label yourself the family bill collector for the near future.

It probably won’t involve you gathering up bills from an estranged cousin, thankfully. What will most likely happen is calling companies and telling them that you’re paying off the deceased’s final bill and trying to bring about closure.

Minnesota Probate Lawyers and Attorneys

You can start the probate process and become an executor. Having more questions about either of those topics is to be expected. Answers to your questions can be found by calling 612-424-0398 and talking with a representative of Flanders Law Firm LLC.

Don’t feel that the situation is out of hand. Even if you’ve just begun to understand the basics of how probate law can impact a person like you, that’s all well and good. Some people don’t plan on becoming an executor, and then, a surprise shakes their whole world, causing them to question what’s next. The court will probably want their say in the matter, but there’s still hope.

Start with hope and then, look to what good you can do next.

MN Guardianship | Paying for Parents Nursing Home Costs

Posted on May 6, 2021 by jlawyer

Paying for Parents Nursing Home Costs

It’s not always easy to tell whether or not you’ll end up covering the debt that your parent incurred during their time at a nursing home.

To be concerned about this topic is understandable, and there are laws which can mean that individuals may be charged for their parents’ nursing home bills. To ease your fears, however, not every state has these laws. And even if you’ve been granted financial power of attorney by your parents, you may still not have to pay for those nursing home expenses. This isn’t the same as dealing with debt during probate. Just as a taste, there might be five factors which all need to become active before you’ll even need to consider paying.

One in Twenty-Nine

On top of Puerto Rico, there are at least twenty-nine states out there which may cause you to pay for your parent’s unpaid nursing home bills. That means that if your parent were to randomly chose to live in any given state in the US, they would have a greater than fifty percent chance to live in a state that may hold you accountable for mom and dad’s nursing home bills. The concern is where they live rather than where you live. Filial support laws are what may cause you to pay up, but thankfully, cases in which these laws are actually enforced are rather rare.

You want to be aware that these laws usually impact families in which the parents can’t pay their bill. If they’re refusing to pay their bill, that might be an entirely different matter. Filial support laws are, moreover, not without mercy. They’re intended to also to factor in the offspring’s ability to pay for their parents as well. If this does become a serious topic of discussion, both parties should discuss how their income and money may change the situation. This isn’t the time to be shy about money matters.

POA May Change Nothing

For people who have been granted financial power of attorney, your duty is, more or less, to deal with the principal’s assets.

You’re not dealing with your own assets. So, if you have financial POA and your parents don’t reside in a state with filial laws, you might not be held accountable for your parents’ unpaid nursing home bills. It might be nice of you to think of using some of your money to help them out or selling some property to pay for their care, but that might not be needed. That said, having or not having POA will probably not impact the matter overall.

At least, it may not impact the matter if you can’t do anything with the principal’s assets.

You’ve got to come to terms with what can be done and what can’t be done with what they’ve got. There’s almost always the possibility that what you do with the other party’s assets will cause you harm if not done properly. No matter what, you’ve got to make the right decisions. Nonetheless, you still need to be aware of the fact that if you agreed to be responsible for your principal’s expenses, you may still need to pay regardless of where they live. Then, you might have to pay up.

Five Main Factors | Paying for Parent’s Nursing Home Costs

Getting back to general situations involving filial support laws, there tends to be at least five factors which must come into place. That’s to say, you may not have to worry about paying a dime unless all five of these circumstances arise.

Please note that things might be different if you have agreed to pay for your parent’s expenses when you were granted financial POA. The first factor should be rather obvious in that your parent will need to be living in a state that actually has filial laws. You probably don’t need to worry about whether or not you live in one as much as you need to be aware of your parent’s place of residence.

The next three factors can be summed up into your parent not having the resources to pay while you do. The first factor is that your parent can’t be able to pay. Then, they have to not be able to receive Medicaid assistance. After that, if you so happen to have the money to pay the bill, which is the fourth factor, the fifth factor can come into place. The people who were taking care of your parent will have to sue you to try to get their money. It’s when that fifth factor becomes a reality that you should be concerned about how much you have to pay.

Medicaid Trouble

As a word of warning, you must also be careful about your parent relying on Medicaid. Some people truthfully need it, and that’s perfectly fine. It’s that you’ve got to be mindful that Medicaid might want part of your folk’s estate. You heard correctly. The Medicaid recovery process may take away your family’s assets in order to help recover from whatever costs your parents incurred. This may not just impact the family home, but it can also take away money from a trust and other things that your folks owned, too.

There are many different kinds of debt that can impact elder law. Once you go through the probate process you might just realize how many assets need to be sold in order to pay off unpaid debt. So, it’s no surprise that Medicaid wants to have your parent pay off the debt they created. You have to view every object as being a dollar sign to them. You may have some very deep sentiment towards family heirlooms, but the money might need to be paid someway.

Planning for the Future | Minnesota Guardianship and Conservatorship Lawyers

Elder law matters can range from will writing to getting ready for a loved one’s passing. Dealing with each of those matters takes patience and wisdom. Rather than relying on your own strength, you can always get help with these matters with Minnesota guardianship lawyers. Assistance is a phone call away at 612-424-0398.

You might be surprised how many different topics surround elder law as most of these subjects intertwine with one another. Making a trust to help pay for living expenses is only one of many options out there. Plan for the future by starting today. You can help a loved one by being there for the things that they need you the most.

MN Probate: What does the term fiduciary duty mean?

Posted on April 15, 2021 by jlawyer

What does the term fiduciary duty mean?

Though the term fiduciary duty isn’t used all that often, it still relates to several legal roles that can affect our everyday lives. Executioners and trustees can have fiduciary duty, making this term a big part of probate law.

Though, there are other roles that fit into this duty as well. A more expansive definition is listed later on, but to sum up this type of duty, it effectually involves one party selflessly helping another party and submitting to their wishes.

It’s a duty to someone else and carrying out the tasks they assign you for the other party’s purposes. That’s not even getting into what kind of trouble you can get into by carrying out this duty for your own gain.

Helping Another Party

This term, in its simplest sense, is a descriptor which labels the relationship between two parties with one party serving the other. Fiduciary duty is a kind of duty where one party submits to the other party, serving for the sole interest of the second party.

These two parties are referred to as the fiduciary, the party which serves, and the principle, the party which is served by the fiduciary. This relationship may be somewhat akin to employment or servanthood. It’s serious in that the fiduciary may go out of their way to avoid any conflict of interest between themselves and the principle.

There are both elements and precedents that exist for these kinds of relationships. Should something of concern arise, these are what help decide if something has gone wrong. Fiduciary breaches are a real problem and there might need to be protection in case someone is harmed. Unlawful actions can be the cause for a court case, complicating the circumstance further. Four examples of things that may impact the relationship are listed in the following paragraph.

Four Items

Though which elements each jurisdiction has may vary, causation, breach, duty, and damages are the four general elements to go off of. These may be the top factors to come into play when a fiduciary duty claim is made. Something may have gone wrong. Though, in order to better classify what went wrong, it may need to involve one of the four elements.

Causation, the first element, may sound like motive, but this element more so involves proving that the fiduciary party is actually connected and to blame for what went wrong. What does the term fiduciary duty mean.

Breach, the second element, is effectually showing where the other party did something wrong. This can range from neglecting to do something to unlawful action.What does the term fiduciary duty mean

Duty, the third element, is proving that there was a fiduciary duty in the first place. If there was no real agreement, there may not be a fiduciary claim whatsoever.

Damages, element number four, concerns the aftermath of what happened. It involves demonstrating what was the result and is the central part of the claim. No damages means no claim.

Selfless or Else

It cannot be overstated how much fiduciary duty revolves around serving the other party. It could even be suggested that is the sole reason for why the fiduciary party is involved. This duty legally binds them not to try and benefit from the subject manner or to act in ways that are against the principle party. Being anything more than a servant may cause the fiduciary party to find himself dealing with unanticipated problems.

If you’re familiar with the concept of a personal representative, a fiduciary party is effectively held to the same standards as them in terms of honesty and sincerity. Personal representatives are supposed to check everywhere for where the deceased may have remaining debts or bills.

The fiduciary party, similarly, must be an open book and willing to be completely honest with their client. It may be suggested that a fiduciary party is, more or less, a personal representative in one of multiple areas.

Types of Fiduciary

It’s very possible that you could have heard about people acting as fiduciaries and not even knowing about it. However, it’s probable that just about any relationship that follows the aforementioned guidelines and involves two or more people could count as a fiduciary duty. How many roles can become a fiduciary duty may be more than you think.

Previously, it was noted how the fiduciary party must not act out of personal benefit. One of the reasons why this may be necessary, besides saving the principle party money, is because a significant amount of fiduciary duties involve money. Some examples of roles which may involve a fiduciary duty include a trustee, broker, heir, executioner, and agent. There are other roles as well. So, if you ever come across a role where someone wants you to help them out without benefiting yourself, you may have just found yourself offered a fiduciary duty.

Minnesota Probate Lawyers

Just because you’re serving someone else doesn’t mean that you can’t have someone helping you. For example, if you’re acting as a personal representative, talk to a probate lawyer. The law firm of Flanders Law Firm LLC can provide you with one. All you have to do is contact them at 612-424-0398.

They’ll be able to teach you what you can do and can’t do during your duty to ensure that everything is done properly. Though you may intend to fulfill someone else’s desires, there might be legal regulations that dictate how you can see those intentions are carried out. You may be their servant, but that doesn’t mean anything can happen.

How to Avoid Probate in Minnesota : Utilizing Joint Tenancy

Posted on April 9, 2021 by jlawyer

Utilizing Joint Tenancy to Avoid Probate

Rather than discussing the Minnesota probate process, here’s a bit of a look at how you can avoid having to deal with the process entirely. This isn’t a guarantee because everything depends on who survives who, but using a joint tenancy to prevent probate from happening should work for at least one party. If all goes well, probate law shouldn’t have any real effect on the property that you’re dealing with.

The nice part is that this whole process is rather simple. Below, you’ll find out more of what might be involved, but compared to most other forms of estate planning, this is relatively simplistic. Consider the following if you’re thinking about sharing ownership with someone and you want to ensure that at least one of you maintains ownership after one of you two passes.

The basics for avoiding probate with joint tenancy

Joint tenancy works to keep two or more parties’ assets from going anywhere else. That isn’t to say that the assets won’t go anywhere once all tenants have passed on, but that if one of the two remaining tenants passes, the surviving party gets the remaining assets. Effectually, you agree to walk towards a fork in the road with someone. However, who outlives the other determines which path you’ll take. You might think of it as survivor takes all so to speak.

Being married or not shouldn’t be an inhibiting factor. What you should be concerned about is whether or not you want the other party to inherit your bank accounts and other assets. If you’re serious about sharing everything that you own, this is a fine option. As a word of warning though, a joint tenancy will not work to prevent probate if all the tenants die at the same time. Though, even if one tenant does outlive the other tenant, they may need to rethink their estate planning plans since their original heir is no longer there.

Fast and Clean

Besides being rather inexpensive to create, joint tenancies usually help make things faster and easier for all parties involved. Part of this is because things are a lot simpler to figure out because once one party passes on, things just go to the other tenant. That’s assuming that there were only two tenants to begin with. It means that you can avoid most of that concern over finding beneficiaries and making awkward phone calls to distant relatives.

Concerning making things faster, the creation of a joint tenancy will probably be faster than crafting a will or a trust. You actually might not have to worry that much about fancy wording. It’s always wise to check in with your lawyer to be certain, but you may not need to be so worried. Ownership can be created and dissolved later on, moreover. So, if you’re looking to change things as time goes on and your estate planning becomes more robust, that’s just fine.

How it Works

There’s not much special to this part. It just goes to the other party. The title transfers, the survivor takes the deceased’s share, and the cows can go home. That property won’t be touched by probate court. It goes to the survivor after some paperwork gets done. Once everything is in their name, it’s in their name for real. To be blunt, a joint tenancy is effectually a legal agreement that lets another parry have your stuff after they’ve signed a few documents.

There is a bit of a clause to that though. What kind of property is being left behind dictates the kind of paperwork that needs to be done. Don’t let that scare you, however, as it will probably be a lot less of a pain than anything the probate process might throw at you. It’s possible for the probate process to take years to resolve depending on the circumstances. That’s not even getting into how wills can be contested just because the person who created it was relatively incapacitated.

Everything Must Go

Do be mindful of the fact that your portion will fully go to the other party if they survive you and vice versa. There really isn’t anything concerning estate planning that you can do with the stuff that’s under a joint tenancy besides give it to the other party. They get it all. There’s no portioning or negotiating. You may as well consider that anything in a joint tenancy will go to them without any questions asked. It’s kind of like an irrevocable will because the one party will get legal ownership without too much concern for having to deal with probate.

You will still own the property in a joint tenancy. That’s one thing that sets it apart from irrevocable trusts. However, that also means that you need to be fully aware of court rulings against your fellow tenant. Should the property that you both own be affected by a court ruling, you might feel those effects. You might be innocent, but the court ruling may still make things a bit more difficult. Hopefully, everything will go only once one of you two passes on and not when a judge has their say.

Minnesota Probate Lawyers

For further questions or for help with your estate planning ventures, you can get in touch with Flanders Law Firm LLC.

Someone there can walk you through what estate planning options are best for you, tell you if a joint tenancy is possible, or assist you with the probate process. Probate law doesn’t need to be something that stresses you out. All you have to do is reach them at 612-424-0398.

Estate planning can be a big deal, but it doesn’t need to be a difficult decision. Start working on it today for a better tomorrow.

Guardianship Duties in Minnesota

Posted on September 9, 2020 by jlawyer

Guardianship Duties in Min

Taking care of another human being is one thing while dealing with all the legal aspects of becoming their Minnesota guardian is another thing entirely.

Guardianship law is relatively straightforward in concept when discussing the duties of a guardian. So, to help you get a better grasp on what kind of responsibilities you might be taking on soon enough, this article will show you just what you might be getting into. To make one thing clear, becoming a guardian is more than simply taking care of someone on the medical level. It’s a huge commitment, both in terms of time and effort, which might cause you to make serious decisions for their better or worse.

Minnesota Guardianship | Held Accountable

Just because a court allowed you to become a guardian doesn’t make you or allow you to act above the law. If anything, the court will hold you accountable for the physical wellbeing of your ward’s physical care. Basic essentials like food, shelter, and their clothing are now your responsibility. In short, if it might affect how the ward is fairing, you might be the one who’s held accountable.

The goal of a good guardian is selfless living. At least, when it comes to caring for their ward. Just as a refresher, the situation that you’re in is because the ward is incapacitated to such an extent that they need someone like you to care for them. What that means will change for every case. As far as you should be concerned, you’re about to become their babysitter until they’re well enough to function outside of you.

Doctors Need You

In guardianship cases that deal with any medical concerns, the doctors might be contacting you directly. You’re not there just to feed and clothe your ward or see that they have a roof over their noggin. The thing about our medical system is that it’s complex, and there might be times when you need to answer questions concerning your ward’s health that are just as complex as the system itself. Your whole role might have come into place because your ward failed to grant someone durable medical power of attorney. It’s very possible that they were thinking about granting durable power of attorney and simply failed to carry out their plans in time.

This isn’t always talked about, but guardians and conservators are usually called in when durable power of attorney hasn’t been granted to someone. The result is that the ward becomes unable to take care of their property in the case of a conservator and/or their own wellbeing in the case of a guardian. Not everyone wants, can, or has the time to grant power of attorney. In their mind, they may have thought that having a conservator or guardian was just fine. You might be there to prove them right.

Contact with The Outside World

Presuming that your ward can still communicate, you might be the person that helps them maintain contact with the outside world. Helping them connect with other human beings might become your duty. That isn’t to say that you should open a social media account for them and provide updates of every waking moment. You’re supposed to use sound judgement and help keep loved ones connected. Friends and family may wonder about what’s going on.

And you’re not just there to break the radio silence. Physical visitations may happen on a regular occurrence or once in a blue moon. You may even want to be there when they happen, ensuring that nothing goes wrong for your ward. Family is family, but you’re now legally obligated as the guardian to try and prevent anything bad from affecting your ward. Be wise of who you let in the front door.

Minnesota Guardianship Report to the Court

The paperwork doesn’t end once you become a guardian. Rather, filing what is known as a Guardian Report will become a yearly thing for you once you’re a guardian. So, if you’re looking to go through with this, you’ll have to get used to filing a report about your ward and discuss what things have changed. It should, more or less, mention anything that might relate to how the ward is living and if that affects their living conditions.

Honesty is the best policy. However, keep in mind that whatever you submit in these reports may be used against you. Probate courts can be turned against you if they’ve gotten a complaint involving neglect abuse. Again, selfless living is the central part of a guardian’s role. The ward must be properly cared for. Never forget that that’s your top priority as their guardian.

Guardianship Lawyers in MN

Not everyone is meant to be a guardian and that’s okay. But for those who want to take further steps to caring for a potential ward, the journey doesn’t need to be a hard path. Help with guardianship law is a specialty at the law firm of Flanders Law Firm LLC. Yes, this will mean added responsibility for you, but if you’re willing to pour out your heart by caring for someone who needs it, your effort will be worth the while.

You can get in contact with the firm at 612-424-0398, and they can teach you the ropes of what the process will involve.

Sources:

https://www.minnesotaguardianship.org/faq/#howbegin

4 Clear Signs Your Senior Loved One is Ready for Assisted Living

Posted on September 4, 2020 by jlawyer

Minnesota Elder Law | 4 Clear Signs Your Senior Loved One
is Ready for Assisted Living

Perhaps you’ve noticed that your senior loved one seems unhappy at home. Maybe it’s not easy for them to safely maneuver around their home anymore, or maybe they’ve lost some of their neighbors and feel isolated within their community.

Wondering whether your loved one would be more comfortable in an assisted living facility? It’s good to be on the lookout for clear signs. If you notice any of these changes, it’s time to bring up the topic with your loved one.

Struggling With Mental Health

Seniors who feel lonely and isolated are more susceptible to depression and anxiety, so it’s important to keep an eye out for these symptoms. According to Psych Central, common symptoms of depression include loss of interest in beloved hobbies, fatigue, and appetite loss. If your loved one often expresses feeling worried or stressed, they may feel anxious living at home.

Yes, video chatting with your loved one more often can help, but at an assisted living center, they can enjoy more social interaction, opportunities to make new friends, and a genuine sense of community.

Too Much Space at Home

If your loved one’s children have moved out, their house might just be too big for them. It can be difficult for seniors to adequately clean every room of a large family home, and if you notice that clutter is starting to pile up, downsizing could be a smart choice.

According to Fool, downsizing is a great strategy for Minnesota seniors who can no longer handle the costs of maintenance and repair for large homes. In an assisted living facility, seniors can enjoy the use of their own private living spaces or spacious shared apartments, and they will not have to handle all of the upkeep on their own.

According to Fool, downsizing is a great strategy for seniors who can no longer handle the costs of maintenance and repair for large homes. In an assisted living facility, seniors can enjoy the use of their own private living spaces or spacious shared apartments, and they will not have to handle all of the upkeep on their own.

Injury Risks

Seniors with limited mobility may find that as the years go on, it becomes harder and harder for them to navigate their own homes. For example, a senior trying to use a mobility aid in a home with a carpeted floor risks serious injury. Attempting to take a shower in a bathroom without grab bars can become dangerous. And in a two-story home, simply trying to walk up the stairs could result in a fall.

While some seniors choose to hire contractors to modify their homes, a few modifications might not be sufficient enough for others. In these cases, a move to an assisted living facility is often the superior choice. Apartments or private rooms at these facilities are specifically designed to be accessible for seniors.

Needs Higher Level of Care

Even if your loved one does not have a chronic medical condition, they might need more help than you can realistically provide, like someone to drive them around for errands or a caregiver to cook their meals. While paying for senior services can help, it might not be enough. Plus, this can become significantly expensive.

If this is the case, staying in an assisted living facility would be far better for their safety and well-being. Take a gentle approach to this sensitive conversation – it can be difficult for seniors who enjoy their independence to accept that it’s time to relocate. Explain the benefits of assisted living, and ensure that your loved one understands that the decision of which facility to move to is ultimately theirs to make.

While some seniors spend their golden years at home, others find that moving to an assisted living facility comes with plenty of perks. If you have noticed any of these telltale signs that your loved one may not feel entirely safe or happy in their own home, it might be time for them to consider assisted living. Your loved one choosing to settle down at an assisted living facility can bring you both peace of mind.

Minnesota Assisted Living Attorneys

Contact the attorneys at Flanders Law Firm LLC to speak with a qualified elder law and Minnesota assisted living attorney. The firm’s attorneys have years of experience working in the field of elder law and elder care. A qualified, experienced attorney can be invaluable.

Call today at 612-424-0398.

Additional Resources

Combating the Epidemic of Loneliness in Seniors

Hidden Dangers of Hoarding to Seniors

Home Modifications For the Elderly

How to Determine Whether Your Loved One Should Retire From Driving

How to Pay for Nursing Home Care

Contact the Flanders Law Office for Matters Regarding Probate, Wills, and Trusts

Photo via <Unsplash

Protecting Your Money from Nursing Home Costs

Posted on September 1, 2020 by jlawyer

Protecting Your Money from Nursing Home Costs

No, this article isn’t asking if you’re ready to live in a nursing or want to. Rather, the focus is that by using trust law and some other techniques, you can find some ways to safeguard what you’ve obtained. Being in a nursing home may still cost you. That said, here are a handful of precautionary steps that you and your relations should consider taking.

Don’t be deceived. Living in a nursing home doesn’t automatically equal the death of your finances. Perusing Medicaid for your coverage is a hypothetical possibility.

Estate planning is, for the most part, about playing your assets right and knowing how to implement trusts and wills to your advantage. There’s far more to this process than simply throwing all your assets inside a will and hoping everyone inherits something worthwhile.

Budget for Tomorrow | Minnesota Estate Planning

Money is the main factor here. Though you may qualify for Medicaid to cover the cost of living at a nursing home, it’s still wise to properly budget. It would also be wise to understand if and for how long Medicaid will cover you.

If you do anything, do your research on what living at a nursing home all involves for you under and without Medicaid. Protect your assets by finding out what this is going to cost.

Though they may not show it, your loved ones may be highly concerned about your wellbeing. Kids, spouses, and close family members might all be worried about what’s going to happen next. Living your fullest life may mean that you live out the rest of your days inside of a nursing home.

While that may not sound ideal, it would be best for you and your family to come to terms with reality. Be honest and open about what options are available. By budgeting, everyone can get a better idea of what possibilities remain.

The Generosity Route | MN Wills and Trusts

Most grandparents probably know the joys that arise from spoiling their grandkids. And that same feeling may come from being generous towards others. So, if you’re looking for a way to make sure that your assets are passed down, look into all of the ways that you can gift the assets that you want someone to have.

Gift is the key word. Once you’re sure that you won’t need something, whether now or when you’re in a nursing home, gifting may be the best route to take.

There are lots of physical objects that can be gifted without much concern. The household items that are strewn across your home are just one such example. Your house itself might be able to be gifted to someone else.

You must be aware of tax ramifications, however, and how that might affect Medicaid for you, and should pay off your debts before you gift a single penny. Paying off a loved one’s debt during probate is no fun.

Castle Trust

Trusts are more than for providing funds for your pets. A castle trust can be used to add extra protection to your present assets, keeping them safe for younger generations. As a word of caution, castle trusts fall into the irrevocable trust category, making it so that any assets wrapped in these trusts are basically untouchable to you. There’s very little chance that you can change your mind once they’re sealed inside any irrevocable trust.

Creditors and lawsuits hate castle trusts in particular, as the assets inside these trusts can’t be used to satisfy their demands. Collecting on these trusts whether because of a car accident or because funds should be taken from you is not an option. This level of security extends to your children who inherit the trust. A castle trust could also be set up to help supplement your income and enable you to receive Medicaid if properly set up.

Five Year Look Back Period

If you plan on making any serious financial decisions and getting Medicaid, five years is the time frame you need to have in mind. Of course, give yourself extra time to budget. Those who control Medicaid are well aware that you can deplete yourself of assets by simply giving things away. That said, they’re probably going to research what kind of gifts you gave. Big gifts are the ones they’re looking for. Houses, like the ones mentioned previously, are one such example.

You must be wise when you pass on such assets. Fully realize the ramification of any gifts you give. Otherwise, you may incur a penalty from Medicaid. Sure, you may want your offspring to get the home, and they may have family that can better utilize it. Nevertheless, purpose isn’t the question here. Money is the major concern. Making yourself poorer than you were may result in bad news for you. Don’t throw away large assets for your own sake unless you’re sure nothing negative will come of it.

Minnesota Estate Planning Lawyers

Working on your estate planning by yourself is rarely recommended. Getting more people involved is a wise choice. Those who will be there to walk you through your days in the nursing home should be aware of what you’re doing. A trust lawyer should be amongst the first that you contact, provided that you want that extra level of assurance. What’s to be done about your assets once you’re gone is a huge question for your family to answer. Seeking out legal advice may allow you to better calm their fears.

For clarity and assistance with this process, you should consult the law firm of Flanders Law Firm LLC at 612-424-0398.