Elder Law
Elder law is a broad term encompassing a range of legal issues that arise as we get older and face the realities of mental or physical incapacitation, paying for assisted living or nursing home care, and making your wishes known to family members or caregivers.
At the Miller Law Office, PLLC, we can sit down with you before a health crisis occurs so that you are prepared for whatever may come. We can also help you make important and difficult decisions that need to be made after a crisis has occurred.
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Elder Law Services at Miller Law Office, PLLC
You may have had a will or living trust in place for many years, but, if you’re like most people, you haven’t given much thought to the special issues that can arise as you get older and become less able to care for yourself. If you have elderly parents who haven’t made plans for their care, you may have to act on their behalf.
When you meet with our elder law team, we will go over everything you need to consider in your plan, including the following:
Independent administration
When there is a correctly-executed will left behind that names someone as executor to the estate, it’s most likely that the estate will go through the simpler probate process of independent administration. With this type of probate, the estate’s personal representative or executor does not need a surety bond and has a fair amount of independence to finalize the estate as he or she sees fit.
Dependent administration
The court will appoint an administrator to handle the process, since there is no will to name an executor. The administrator needs to obtain a surety bond (as a form of insurance) and will need to seek the court’s permission before performing certain actions.
- Long-term care planning and nursing home issues.
You have probably already gotten an overwhelming amount of information about assisted living and nursing homes. We can help you understand the options and what is best for you.
- Medicaid benefits eligibility.
To get Medicaid coverage for a nursing home, your health, income, and assets must qualify. Many people are not eligible because of their assets. We may be able to help you convert your countable assets to non-countable assets to help you qualify for this valuable assistance.
- Veterans benefits planning.
Are you a Veteran? Do you know if you qualify for “aid and attendance” benefits? Find out when you meet with our elder law team. We may also be able to get benefits for the surviving spouse of a deceased Veteran. Don’t miss out on these valuable benefits.
- Nursing home Medicaid applications.
Our team understands the complicated process of applying for Medicaid benefits and can help determine if you qualify. We will also help you fill out the application to improve your odds of approval.
- Asset protection.
Long-term care costs can quickly drain your savings and other assets unless you put a plan in place to protect them. We will explain the options available to you for asset protection depending on your stage of life and help you make the best decisions.
- Wills, trusts, powers of attorney, and advance directives.
As we do in our estate planning practice, we can provide any of these services you need to get your estate in order, no matter what your age.
- Miller Trusts.
Officially called a Qualifying Income Trust, this is a tool to help you meet the Medicaid income eligibility. Income flows through the trust so that you can pay your bills while maintaining eligibility for Medicaid.
- Lady Bird Deeds.
This is a special kind of life estate deed that gives the owner continued control over his property until his death. Once the owner dies, the property is transferred to the beneficiaries without going through probate.
- Financial and health care decision support.
Along with the legal documents you need, we also provide advice and support as you make these important decisions for yourself, your spouse, or for your elderly parents.
- Probate and estate administration.
When a loved one has passed away, we will be by your side to help you through the administration of the estate or the probate process, if necessary.
Seven Steps to Handling Your Loved One’s Estate
1 Take an inventory of property and documents. Using the checklist provided in our free book, locate and list important documents and assets.
2 Notify Social Security. If your loved one was receiving Social Security benefits, you must notify the agency of the death. Payments will then stop immediately.
3 Get property secured. Remove valuables from the house and make sure the house is secured against theft and vandalism. Place important papers in a lock box and stop mail delivery to the house. Keep a list of all items removed or secured.
4 Deal with outstanding debt. Debts are not forgiven upon a person’s death. You may want to freeze the decedent’s bank accounts and consult an attorney about paying off debt out of the estate.
5 Open claims for insurance benefits. You will have to locate life insurance, health insurance, and retirement accounts and notify them of the death so that they can begin to pay out any proceeds to beneficiaries.
6 Identify additional benefits. Determine whether the decedent had other plans that offered survivor benefits and notify those providers of the death.
7 Contact a probate attorney. An attorney can do many of these things for you and will also be able to take care of any other issues with your loved one’s estate.
If you find this list to be overwhelming and a bit scary, give us a call. We will put your mind at ease as we explain your best options.
We Focus on Pre-Crisis Planning and Crisis Management
Whether you are planning ahead for yourself or a loved one, or are in the middle of a health or financial crisis, our team will break down your options and help you make the best possible decisions. It’s never too early—or too late—to contact Miller Law Office, PLLC for your elder law concerns.
Some of Our Happy Clients
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“Go to Miller Law office–they will take care of you and you will feel comfortable as that is important. Aaron is one nice guy!!! Thanks Aaron!”
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