Michigan Estate Planning & Elder Law

Planning Guide For Older Adults

A recent AARP article points out that 30 million households are providing care for an adult over the age of 50 — and that number is expected to double over the next 25 years.  If you haven't started talking about a caregiving plan with your family, it's not too late.  Following is a link to "Prepare To Care", the AARP's planning guide for caregiving.    The guide provides a 5-step plan to walk you through the caregiving process, and helps you talk with your family about caregiving options.

Download Caregiving-Planning-Guide.pdf 

Will Your Kids Be Unintentionally Disinherited?

Taking ballroom dancing lessons helped Claire cope with the recent death of her husband of 40 years.  Her instructor provided her with the companionship she was missing. Claire, with a new sense of self-esteem, soon fell head-over-heels in love. Her children were shocked when their mother announced she had married her instructor.

But the real shock came a few months later when Claire died: Her children learned their mother had placed all her assets in joint ownership with her new husband. Even though Claire's will left everything to her children, they were completely disinherited.

With second and third marriages becoming more and more common, this problem of how to provide for your current spouse without disinheriting your children (especially those from a previous marriage) has become even more complicated and widespread.

There are solutions.  For example, a trust can provide for your surviving spouse while he or she is living; then, upon your spouse's death, the remaining assets will go to your children.  If you have more than enough assets to provide for your spouse, some could be carved out separately for your children and/or grandchildren.  Instead of leaving the assets outright to your children (either at your death, or upon the death of your spouse), consider using one or more trusts.  A trust will give you added assurance: It can protect your children's inheritances from creditors, irresponsible spending and even from your children's ex-spouses if they should divorce.

If you can afford it, you may want to give your children some of their inheritance now so you see the results of your gifts. That can be very rewarding.

Exactly how this problem is resolved for you will depend on your situation and the size of your estate. It takes careful planning with an experienced attorney who can be objective and look at your situation from all kinds of angles and possibilities. Call us and set up a free consultation to discuss your situation.  We can help you make sure your kids are not unintentionally disinherited.

Handling A Disabled Adult's Social Security Checks

Everyone's incapacity plan should include, at a minimum, a Durable Power of Attorney, Health Care Power of Attorney and HIPAA Authorization.  Sometimes, however, older adults have not properly planned for incapacity.   In many cases, family members must go to Probate Court and file for a Conservatorship to handle the disabled adult's finances.  However if the disabled adult only has income from Social Security or SSI checks, you should be able to avoid seeking a court-ordered Conservatorship by using the Social Security Administration (SSA) equivalent, called the representative payee.  A representative payee, appointed by SSA after applying and providing medical documentation that the adult needs assistance in handling the check, will have the authority to cash the SSA/SSI check and use it for the adult's benefit.  It's much easier, less time-consuming and less expensive than going to Probate Court.

Medicaid Recovery In Michigan

On September 30, 2007, Michigan became the last state in the nation to adopt what is known as an "estate recovery law".  In short, when the person receiving Medicaid benefits dies, the State may recover the costs paid for by the Medicaid program from assets owned by the person who received Medicaid benefits.  Recovery typically comes from the only asset most Medicaid beneficiaries own at their deaths — the home.

Michigan’s estate recovery law seeks recovery from probate assets only and provides certain exemptions to some of those probate assets.  Stay tuned for more information.

Assisted Living Checklist

Think of assisted living as more than independent housing, but less than nursing home care.  It's a unique combination of housing, personal care services, and health care, and is an attractive option for people who need help with normal daily activities in a way that promotes maximum independence.

Following is and Assisted Living Checklist, detailing items to be considered in selecting an assisted living arrangement for yourself or a loved one. Please note that adult foster care and homes for aged are considered forms of assisted living and are licensed by the State of Michigan. Higher levels of care within assisted living residences require this licensure. Contact the Department of Health and Human Services to determine if the residence you are considering is licensed by the State of Michigan.

Click here for the Assisted Living Checklist