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Stevenson | Smith | Hood | Knudson P.C.

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The older that you get, the more important that it is to think about writing up a will. But what happens when someone dies without a will? Wills are important documents that designate where the possessions of someone will go after they die. Wills create autonomy and allow for people to have greater control over their assets, even after their death. We will be diving into wills and what not having a will at the time of death will mean in the following article.

What Is A Will?

what happens when someone dies without a will

Before we can get into what happens when someone dies without a will, we must discuss what a will is. As previously mentioned, a will is a document that designates where the possessions of a person will be distributed after their death. A will can designate who different possessions will go to including family members, friends or charities. However, wills also have other purposes. The name of a will executor can be listed in a will, specific accommodations can be made for minor children, children with disabilities, and pets, and debts can be taken care of with a will.

What Happens When Someone Dies Without A Will?

Now the question of what happens when someone dies without a will can be answered. When someone dies without having a will, none of the potential heirs will have any rights to or say over the person’s estate. The property will then have to go through the probate process. The probate process involves the estate going through probate courts where the courts will decide how the property will be distributed. The probate process can be very complicated taking months or even years to complete. The legal fees to go through the probate process are typically very costly and are paid out of the estate.

How Is An Estate Distributed Without A Will?

You may ask how a person’s estate will be distributed without a will. Different states have different laws as to how they deal with probate distribution, but typically the property will be split between the surviving spouse and any children. The reason why a will is important is because people may have other individuals that they would like their property to be inherited by. If the person does not have any living spouse or children, the courts will decide to which relatives an estate will go to. Typically charities, unmarried partners, and friends do not receive any inheritance if a person dies without a will.

When To Write A Will

It is now obvious that writing a will is important. Many adults may not think that they need a will because they are years away from probate. However, it is never too early to prepare. In most states, individuals can write their first will when they are 18 years old. Times when you may want to update or consider getting a will may include when you purchase large assets, get married, or have children. The later in life that a person is, the more crucial a will becomes.

Do You Need Help Writing Up A Will?

If you or a family member needs help writing up a will, it is important to reach out to an experienced and knowledgeable probate attorney. We at Stevenson, Smith, Hood, & Knudsen offer expert options when it comes to writing a will and other probate documents. We also are well-versed in probate court. So if a family member’s estate is moving through probate, we can offer legal advice and assistance. If you would like to get in contact with of one of our attorneys or would like to begin writing your will, feel free to reach out to us at Stevenson, Smith, Hood, & Knudsen today. 

Filed Under: Estate Planning, Wills Tagged With: create an estate plan, estate planning, what is a will?, wills

Oftentimes as individuals get older, they require more medical care and assistance going about their daily activities. Unfortunately families are not always able to provide their parents or grandparents with the care that they require. Nursing homes are a useful resource for elders and their families to ensure that individuals can be properly cared for. However, it is important to understand your rights as a nursing home resident in order to protect yourself and legitimately receive the care that you deserve. For more information about your rights as a nursing home resident, continue reading.

Your Rights as a Nursing Home Resident

In the event that your circumstances require you to live in a nursing home, it may seem as if your life is constantly being controlled by others. Despite this, you have not given up your rights by moving into a nursing home facility. There are laws in place for the protection of older populations and individuals that are living in nursing homes. These laws are designed to protect people from neglect, elder abuse, and otherwise being taken advantage of. Below we discuss just a few of the important rights that individuals have as residents of nursing homes.

The Right to be Informed 

The right to be informed essentially means that the facility that you are going to be staying at has the legal duty to inform you of your rights. They should provide you both with oral and written statements outlining your rights. You also have the right to be informed of the services that are available to you at the nursing home and the prices of these services. 

rights as a nursing home resident

You are also to be informed of things such as the rules of the facility, inspection reports, the names and addresses of the facility’s owners, and a summary of the state laws about advance directives. You have the legal right to know about the state of your health as well as when someone is planning to make a change to your treatment plan. Lastly, the nursing home must notify you in advance if you are going to need to move rooms or change roommates. 

The Right to Privacy

One of your rights as a nursing home resident is that you are entitled to privacy. You have the right to meet with visitors including family, doctors, lawyers, etc., in private. You also have the right to remove permission for someone to visit your room. Your mail and phone calls cannot be monitored by facility staff and you have the right to dress, bathe, and use the toilet in private, if it is physically feasible.

The Right to Confidentiality

The nursing home that you are living at has a legal responsibility to protect your confidentiality as a resident. This includes medical, personal, financial, and social information. The facility cannot share any of this information with other organizations, individuals or agencies without your permission. Lastly, you have the right to access your records and have copies made of your records at a reasonable cost.

The Right to Dignity

As a person that has acted and lived as an adult for many years, you are entitled to be treated with dignity. No matter an individual’s personal situation or attitude, they always have the right to be treated fairly and with respect. This includes the right to refuse treatment, the right to refuse to perform work for the facility, the right to be free of mental and physical abuse, chemical and physical restraints, and a variety of other rights. Medical and facility staff should always be courteous and professional.

Personal Property Rights

You are legally permitted to bring personal belongings to the nursing home, as space permits. Nursing homes are required to inform residents in writing of the manner in which residents’ personal funds will be protected. If your property is damaged or stolen while living in a nursing home, the facility may be required to replace the property. It is important to be familiar with the written admissions agreement with the facility for more information as to who is responsible for the safeguarding of personal property.

Do You Need Legal Assistance?

If you are concerned about the safety or well being of a family member that is staying in a nursing home, you may be in need of legal assistance. Your or your family member’s rights as a nursing home resident are extremely important. If you have noticed something suspicious or inappropriate happening, or if your family member has mentioned that they are not being properly cared for, it may be helpful to involve an estate planning or elder law attorney. We at Stevenson Smith Hood Knudson P.C. are experienced in these matters. We are eager to help you protect yourself or your family members. For more information, feel free to reach out to us today.

Filed Under: Attorneys, Estate Planning

Death is a topic that is often paired with feelings of dread, mourning, and sadness. Death can be difficult to come to terms with, whether you have lost someone close to you or you are personally nearing the end of your days. However, there is something beautiful about remembering someone and celebrating their life. Funerals can be a difficult time for those who were close to the celebrated individual, so it is extremely important to plan for a funeral ahead of time. For some tips to help make funeral planning easier, continue reading.

Why Funeral Planning Is Important

funeral planning

In wake of a friend or family member’s death, it falls to the family to take care of funeral planning. It is a sensitive and confusing time following the death of a loved one, making it difficult to make plans for a funeral. The cost of a funeral also increases all the time, so making the preparations in advance can greatly decrease the financial and emotional burden that will be on the family. That is why it is vital to make these plans ahead of time.

Make Your Wishes Known

There are circumstances where individuals pass unexpectedly, however, most of the time people have some understanding of when their time may come. It is vital to make sure that your opinions regarding your funeral are heard. Many families will be unsure of what to do, and so they will just get the best of the best for everything. Others may choose only the least expensive options. You may not want or need such accommodations, or you may want something less traditional for your funeral. 

Consider Your Options

There are many options to consider when it comes to funeral planning. Most of the time, plans are made with an estate planner (or funeral planner) and a funeral package is purchased. There are options for different funeral packages that can be paid before an individual passes. One option is to buy a life insurance policy with a funeral home named as the beneficiary and another option is to make payments for a funeral over many months and years. 

Another approach is to set funds aside for your funeral in a Funeral Trust. A Funeral Trust is funded by life insurance and can earn interest over time. A funeral trust makes it possible to set aside funds and then have a funeral at any funeral home, unlike the other options which require that you have your funeral at a certain funeral home. Also, any money that is left in the funeral trust after the funeral will be added to the person’s estate and given to the beneficiaries. At Stevenson Smith Hood Knudson, P.C., we can help you evaluate these different options.

Speak With A Professional

Our last recommendation for funeral planning is to speak with a professional. While all the tips in the world can get you started with funeral planning, speaking with a funeral planning professional and an estate lawyer can make the process move more smoothly. Not only can they give you information as to what will help make your funeral planning process easier for your family, but they can also help you create the plan. An estate lawyer can also help you find out what will work best for your personal financial situation.

Need Help With Your Estate Or Funeral Planning?

While it may be a bit scary to think about at first, making decisions regarding your funeral can bring feelings of control and comfort. Having a funeral plan will also help your family and friends in a very difficult time. Knowing that things will be taken care of in an efficient and economical manner after your passing can be a peaceful feeling. 

Stevenson Smith Hood Knudson, P.C. offers estate planning services to help make your life and lives of your family members much easier. If you want to start the funeral planning process, we would be happy to be of service. Reach out to us today with any questions.

Filed Under: Estate Planning, Wills Tagged With: estate planning, funeral planning

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