An estate plan is vital because it allows your assets to be distributed at your death in the way you choose and that your wishes are respected. In a previous article, we discussed 4 reasons to create an estate plan; read on for 4 more.

Secure An Education For Family Members

Estate plans can help you fund education for your family members. Some of your children or grandchildren may not have the funds to go to college or university after high school. You can help them obtain an education by leaving them funds. However, there is always a risk when leaving money to a younger person for this purpose (especially if they are under age 18), that the funds may not be used for an education, thereby depriving your beneficiary of the benefit you intended to leave to them. To avoid this, your estate plan can include an Educational Trust, which designates that certain funds are only available for educational purposes.

Provide For Blended Family Situations

An estate plan can help to protect your children and grandchildren’s inheritance from unconventional situations that sometimes arise in a blended family. Sometimes one or more of your children may get married and divorced, your grandchildren will have stepparents, or other situations may arise in which someone who is not a blood relative may be in a position to wrongfully deprive your family members of assets you intended for them. An estate plan becomes of paramount importance in these situations, because it greatly increases the likelihood that your assets will be distributed in the way you intended.

Help Plan For Potential Nursing Home Stays

Your estate plan can be designed to help protect you and your family from losing money to nursing homes. A stay at a nursing home can be extremely expensive, and a large burden on the family of the nursing home resident. A properly designed estate plan can ensure that your family still has funds to care for themselves after you or your spouse have stayed in a nursing home.

Address Specific Needs

A properly designed estate plan is not a one-size-fits-all proposition. The estate planning needs of individuals and households vary widely, making it crucial to work with a professional who can tailor your plan to your particular needs, and those of your beneficiaries. An estate plan can allow you to list specific assets and to whom they should be given. If family members have particular needs you can also plan and accommodate those needs.

We Can Help You Create An Estate Plan

If you would like to create an estate plan, we are happy to assist you. Our estate planning attorneys are knowledgeable, experienced, and prepared to guide you through the process. We believe that no matter what your financial situation may be, an estate plan is crucial in ensuring that your wishes for distribution of your assets are respected. Please reach out to us today to schedule an appointment with one of our attorneys.

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?

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.

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.

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.

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