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Disputes involving conservatorship and guardianship fall under the purview of probate litigation, while trust and will debates also fall under this category. The best approach to not mitigating the risk of probate litigation is to plan. Your plans may very well include comprehensive estate plans as well as measures to resolve incapacity issues and documentary evidence that supports gifts. 

The Creation of Wills and Trusts

Creating a will before a person passes away allows the creator the chance to both control and communicate their wishes for how their assets should be handled. The creator of a will is also able to nominate either their personal representative or the person charged with administering their estate. By creating a will, your estate plan will not be subject to the control of New York’s intestacy law. Individuals who create wills are instead permitted to have the terms of their will dictate the distribution of their estates and resolve their affairs. A nominated personal representative has the capacity to act in such a position. Without this appointment, surviving loved ones are often left to fight over how an estate is administered. Without the will’s creator appointing such a person, loved ones often fight over who is suited for the job. Additionally, the terms of a will must be clear and inarguable to anyone who reads them to reduce the risk of future litigation. 

Many times when a widow remarries, unseen financial challenges in addition to a new marriage occur. Unfortunately, this means that many times what widows see as great matches quickly evaporate into economic despair. Fortunately, financial advisors and estate planning attorneys can help to avoid such undesirable results. 

 
    Remarriage leaves widows financially exposed. Various strategies, however, can greatly reduce this risk while also protecting assets from a new spouse who might have questionable intentions. Many couples, unfortunately, overlook the fact that what most widows want more than anything is to feel safe and secure about the future. This article reviews some helpful estate planning steps whether you’re a recent or long-time widower to make sure that your assets remain protected.

 
Beneficiary Designations

As they look towards the end of their lives, most people want nothing more than to spend every day independent and in their own homes. In reality, however, this is not always possible. Deciding to play a loved one in a nursing home can be a difficult decision and can leave those who helped make the decision plagued with uncertainty and guilt. Despite these negative feelings, it’s often necessary to place a loved one in a nursing home. 

Fortunately, even if your loved one has recently had to enroll in a nursing home, you can still be there for them. While you might not be your loved one’s primary caregiver now, you still can play an influential role in making sure whether or not they are happy. This article reviews some helpful strategies to remember if you want to continue playing a positive role in your loved one’s care after they enter a nursing home. 

Acknowledge that the Change Is a Necessary One

The Covid-19 pandemic has led to a larger than usual number of people adopting pets. After all, stay-at-home orders reduced the chances that people had to interact with others and pets began to play an increasingly more important role as companions. Data compiled from PetPoint reveals that animal welfare organizations throughout the country had a difficult time keeping up with the demand. 

With pets playing a role in a record number of people’s lives, it’s critical to understand the powerful and valuable role that pets can play in the lives of seniors and individuals with disabilities.

# 1 – Reducing Loneliness

Many legal scholars and others who are impacted by elder law issues are positively responding to a landmark decision in favor of people who care for their parents at home. This decision has the potential to result in a substantial increase in the number of homes that are transferred to caregivers.

The case in question, A.M. v. Monmouth County Board of Social Services, was decided by New Jersey’s Appellate Division and reaffirmed a New Jersey regulation, which permits older adults to transfer their homes to adult caregiver children without facing Medicaid penalties. The regulation permits the transfer of homes without penalty when an adult child provides care to a parent for a period.

An Influential Victory

Medicaid is a federal and state program available to individuals who satisfy certain eligibility requirements. Disbursements from Medicaid are designed to help people pay for long-term care costs. Long-term costs often create substantial financial challenges for elderly Americans as well as their loved ones who lose both time and income while caring for their loved ones. Medicaid is still one of the best ways to pay for long-term care. 

Unfortunately, many Americans wait until catastrophic events occur before obtaining Medicare. Under stress, families can commit various errors including listening to misinformed individuals. Medicaid crisis planning allows a person to qualify for Medicaid nursing homes without spending all of a person’s assets.

When it comes to Medicaid, crisis planning exists for individuals who have an imminent need for Medicaid. This urgency can arise if a person is diagnosed with an immediate condition like ALS (“Lou Gehrig’s Disease) which requires immediate placement in a nursing home. In these situations, applicants often have no idea of how much nursing home costs. 

There are more than 40 million family members in the United States who act as caregivers for loved ones. There are also many ways to provide the requisite care for your aging loved one. 

If you recently placed a loved one in a nursing home, you’re likely still getting comfortable with the idea that your loved one will reside in a nursing home. You likely also want to make sure that your loved one receives the best care possible while there. 

As a result, this article reviews some helpful strategies that you can follow to make sure your loved one in a nursing home receives the appropriate care. 

Difficult times bring out the extremes in people. While the news is full of stories about altruism during the COVID-19 pandemic, there are countless examples of individuals who have come out with scams designed to capitalize on people’s confusion and fear. Besides being at increased risk of experiencing the most serious COVID-19 symptoms, senior citizens are also at an elevated risk of being the target of scams. To better protect senior citizens and help family members make sure their loved ones stay safe, this article reviews some of the most common scams that have been documented during the pandemic. Knowing about these disreputable tactics in advance is one of the best steps that senior citizens can take to protect themselves.

# 1 – Promises Covid-19 Cures

Major pharmaceutical companies like Pfizer are nearing the introduction of a COVID-19 vaccine to the general population, but there is still no known cure for coronavirus. As a result, anyone who tries to sell you a cure or a vaccine is lying. Some of the various offerings that the Federal Trade Commission and the United States Food and Drug Administration have identified that are falsely billed as cures or vaccines include:

Sometimes creating an estate plan means more than just simply designating who will receive your assets. Instead, it sometimes becomes critical to think about how a loved one will receive what you leave them. Fortunately, estate planning presents the opportunity to contemplate the particular needs of your beneficiaries as well as the structure of such transfers. One of the most common but serious obstacles that exist in passing assets to a loved one is if a beneficiary is financially irresponsible.

Understandably, after decades of working hard, you want to make sure that the assets you pass on to loved one can be fully utilized. If a loved one does not treat assets with the same serious nature that you do, however, this intent can quickly defeat your estate planning goals. Fortunately, there are estate planning strategies that are available to make sure that assets last a long time and are responsibly managed. This article considers just some of the critical issues to remember about passing assets on to a beneficiary who is financially irresponsible.

# 1 – The Role of Trusts

The general consensus is that Social Security replaces around 40% of your pre-retirement income. The reality is that half of all single people depend on their Social Security benefits to replace close to 90% of their pre-retirement income, says the Social Security Administration (SSA). From the start, the only way for you to survive retirement is to cut your living expenses to 40% of your working income.

 
For married couples, the outlook is better. One spouse, usually the one who may never have worked or earned less than the other spouse, is able to receive Social Security benefits based on the other spouse’s work record. Because that spouse is married, his or her Social Security benefits will be higher than a single person. According to the SSA, only 21% of married couples depend on their checks for at least 90% of their retirement income.

 
If you are single and divorced, in some circumstances, you too can receive Social Security benefits based on your ex-spouse’s work record, even if your ex has remarried. You may be surprised to learn that there are few eligibility requirements you’ll have to meet in order to claim benefits based on your ex’s work record. To qualify for Social Security benefits based on your ex’s work record:

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