October 31, 2018
by Raleigh Lawyer
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Elder Care Planning continued

Welcome back. We are here to talk more about elder care planning and how our lawyer in Raleigh NC can help with this. If you have any questions feel free to contact our firm. If you missed our previous blog, check back here for more elder care planning information.

Meeting with our lawyer in Raleigh NC before attempting to collect these benefits can provide a great advantage. It can be overwhelming and confusing to try to work on these on your own. Don’t worry about trying to sift through the countless documents and applications. Let our lawyer help.

Our elder law services include the following:

  • Elder planning
  • Medicaid
  • Medicaid eligibility
  • Medicaid long term care
  • Medicaid application
  • Medicaid nursing home planning
  • Assisted living eligibility
  • Assisted living financing
  • Nursing home eligibility
  • Nursing home financing
  • Long term care planning
  • Long term care insurance
  • Veteran Affairs benefits

If you are ready to prepare for elder law issues, or if you need legal assistance for any of the services we’ve listed here, contact our lawyer in Raleigh NC today. We can help you. Our elder law attorney is here for you. Just call to make an appointment.

Remember, elder care and law includes estate planning as well. Keeping your estate plan up-to-date with changes is important. Meeting with our elder care lawyer quarterly, semi-annually, or at least annually is a good idea. That way, you can ensure that all changes are updated and documented properly.

If you don’t have an estate plan in place, now might be the best time to start. Our lawyer in Raleigh NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.

October 31, 2018
by Raleigh Lawyer
Comments Off on Elder Law Planning

Elder Law Planning

Thinking of getting older is often difficult. It’s something that happens with time, but that doesn’t make it easier to accept. Though getting older is an integral part of life, worrying about who will care for you in your older years isn’t always something people like to think about. Elder care is something that many people choose to put off until it’s a necessary part of life. Fortunately, there are ways to make sure you are cared for in your golden years.

Elder law is a form of law that involves planning for medical and financial issues associated with being a senior citizen. There are many aspects of a senior’s life that should be adequately planned for by working with a lawyer. Working with our law firm can make things simpler and less complicated.

Elder law includes estate planning but primarily focuses on Medicaid, long term care, assisted living, nursing homes, and Veteran Affairs benefits. Our lawyer may assist you or your loved one by planning for these issues and obtaining necessary care while preserving the client’s family assets.

Elder law planning can start at any age. You don’t have to wait until issues arise. Try planning now for your future so that you can ensure a happy, stress free life in your golden years.

In our next blog post, we will talk more about elder care and how our lawyer can help you plan for your senior years. Be sure to stay tuned for that information. Also, feel free to contact us to talk about the benefits you can take advantage of as a senior adult.

Meeting with our lawyer before attempting to collect these benefits can provide a great advantage. It can be overwhelming and confusing to try to work on these on your own. Don’t worry about trying to sift through the countless documents and applications. Let our lawyer help.

 

Remember, elder care and law includes estate planning as well. Keeping your estate plan up-to-date with changes is important. Meeting with our elder care lawyer quarterly, semi-annually, or at least annually is a good idea. That way, you can ensure that all changes are updated and documented properly.

If you don’t have an estate plan in place, now might be the best time to start. Our estate lawyer is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.

October 30, 2018
by Raleigh Lawyer
Comments Off on Can You Challenge the Will of a Family Member? continued

Can You Challenge the Will of a Family Member? continued

Welcome back. Today, we are going to talk more about challenging a will. Our wills lawyer in Cary NC can help you better understand why this might happen to your will. Below, you’ll will find more ways that a will could be challenged.

  • As we talked about briefly in our previous blog, in some cases, undue influence can be an issue. Unfortunately, undue influence can happen to anyone. This could be an issue, even for those who are in a sound state of mind. Elderly people are often trusting and that makes them vulnerable. They may be willing to believe that those who have suggested changes to their will have good intentions.
  • Undue influence is closely related to fraud or forgery. As you can imagine, it can create the same issues. If forgery or fraud are suspected that can be a valid reason to challenge a will.
  • It is also possible to contest a will in the event that it is not executed properly. Proper execution usually requires that the document be signed by two witnesses who are not included as beneficiaries. It should also be signed by the creator of the will and dated. In a situation where the signatures are not included, the document could be invalidated.
  • Some states may allow wills that are handwritten and not signed by witnesses. However, these documents are easily challenged and should not be considered by those who are hoping to protect their loved ones after they pass on.
  • Sometimes, individuals will choose to create a second, newer will. In this case, the original document will be voided. However, the older will may not be voided immediately after the new one is drafted and signed. This is especially true for those documents that were not dated properly. When this is the case, the newer will can be challenged and the old, original one may be pulled into question.

If you would like to learn more about challenging a will, check back with our previous blog. Our wills lawyer in Cary NC has more information available for you to read there. Also be sure to contact our wills lawyer if you have any questions. We are here to help you create an estate plan that is valid and will hold up in court in the event that you pass on.

Wills Lawyer in Cary NC

Remember, if you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our wills lawyer in Cary NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.

As always, feel free to contact us at our office to schedule a consultation if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting, and more.

October 27, 2018
by Raleigh Lawyer
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Can You Challenge the Will of a Family Member?

Though it may be rare, it is possible for a will to be challenged. A will is considered the last testament of someone who has passed on. In most cases, the court follows their wishes strictly, even if someone decides to contest it. You might believe that your will is safe from being challenged or contested. However, it is possible that a family member may choose to challenge your wishes after you’ve passed.

It’s important to understand that even though your will could be contested, it doesn’t mean that the court will rule in the favor of the contestor. Working with a lawyer can help you ensure your will is safe. Call our office today to learn more about how we can help you.

Even if it may not happen often, wills can be challenged. Below, you will find several reasons why this could be the case.

  • If someone who is mentally incapacitated creates or makes changes to their estate plan, it is possible to deem the will invalid. A person can be deemed mentally incapacitated for a number of reasons including lacking mental clarity due to illness or old age, inability to make reasonable and logical decisions, or being under the influence of drugs or alcohol.
  • Before the will can be challenged, the contesting individual should be able to offer proof that the testator was mentally incapacitated. Though this can be difficult, it is possible to gather proof to use in court.
  • In some cases, undue influence can be an issue. This is when an individual influences the testator to change their estate plan to benefit them over others. This can happen to anyone, even those who are in a sound state of mind. Elderly people are often very trusting and that can make them vulnerable. They may be willing to believe that those who have suggested changes to their will have good intentions.

If you like to talk more about challenging a will, be sure to stay tuned. We will have more information available for you in our next blog post. Also be sure to contact our probate lawyer if you have any questions. We are here to help you create an estate plan that is valid and will hold up in court.

Klish and Eldreth PLLC | Probate Lawyer in Cary NC

If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our probate lawyer in Cary NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.

As always, feel free to contact us at our office to schedule a consultation if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting, and more.

October 25, 2018
by Raleigh Lawyer
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Estate Planning for Stepchildren

In most cases, parents love their stepchildren just as they would their own biological child. They want to protect them, love them, and help them in any way they can. Today, our estate planning attorney in Raleigh NC is here to help you understand how you can take care of your stepchildren once you’ve passed on.

Often, there is confusion surrounding the inheritance rights of stepchildren. Whether you plan to include your stepchildren in your will or not, it’s important to take a look at your options for estate planning.

If you haven’t adopted your stepchild, they may have no legal right to an inheritance unless you specifically state in your estate plan what you’d like to leave them with. Contact our estate planning in attorney in Raleigh NC to discuss this more.

In some situations, stepparents without a will or an estate plan may assume that their stepchild has a right to an inheritance. However, this isn’t the case.

Stepparents who would like to leave their stepchildren an inheritance should include them in their will. In other words, stepchildren should be specifically named in the estate plan in order to ensure they are included as a beneficiary.

This can be a confusing and overwhelming subject to understand on your own. If you’d like to discuss it with our attorney, please contact our law firm. We can sit down and talk with you about your options for leaving an inheritance for stepchildren so that your wishes are documented and valid in a will or trust. We can help you make changes and updates to your estate plan as well.

Estate Planning Attorney in Raleigh NC

You can work with an estate planning attorney in Raleigh NC to plan and to have someone appointed to take care of your estate when the time comes. This can ensure that you are protected and that your wishes will be carried out even when you are no longer able to express them. If you’re ready to start planning today, contact our estate planning attorney in Raleigh NC. We are here to help you.

Have you already created an estate plan? If haven’t reviewed yours in several years, now might be the best time to get started. Our estate planning attorney is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.