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Estate Planning and Elder Law Blog

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Over-Medication of Nursing Home Residents

Posted on: September 11, 2019 | By: David Parker, Esq.
In addition to the assault on the resident’s dignity and the administration of drugs without informed consent, the misuse of anti-psychotic drugs can kill a senior, particularly one who suffers from dementia.
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Work on your Estate Plan

Get the Facts About Dementia Care

Posted on: September 10, 2019 | By: David Parker, Esq.
The Alzheimer’s Association created practice recommendations for nursing homes and assisted living facilities that offer dementia care for residents.
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Is there a step-up-in-basis for real estate?

How Do I Get an Executor to Sell My Mom’s Home?

Posted on: September 9, 2019 | By: David Parker, Esq.
If the will does not specifically provide a bequest of the home and the will says everything goes 50/50 to you and your sister, then the executor has the right and responsibility to sell the home to carry out the bequest.
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Big COLA increase in 2023

What's the Difference Between a Life Estate and an Irrevocable Trust?

Posted on: September 6, 2019 | By: David Parker, Esq.
Whether you’re preparing your estate to pass on to loved ones or helping guide a parent in that process, estate law can be tricky and unfamiliar ground. One of the most important aspects of estate preparations is figuring out what to do with one’s home and property.
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Talk to your parents about their estate plan

Are You Considering the Impact of Your Estate Plan on your Heirs?

Posted on: September 5, 2019 | By: David Parker, Esq.
Unless you take your heirs' wishes, taxes and interests into consideration in your plans, you could be committing some serious unforced errors with your estate.
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Work on your Estate Plan

Medical Health Care Directive -Preparing for the Legal and Medical Aspects of End-of-Life

Posted on: September 4, 2019 | By: David Parker, Esq.
We plan for so many transitions in life: births, graduations, weddings, retirement and moves. We want these transitions to go smoothly and be as comfortable and easy as possible.
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Bruce Springsteen sold his music catalog

Blended Family? Second Time Down the Aisle? Make Sure Estate Plan Is Ready

Posted on: September 3, 2019 | By: David Parker, Esq.
The first thing to realize is that as soon as you marry, your spouse is granted certain inheritance rights under law. However, these rights of inheritance can be waived or modified by using an anti-nuptial agreement, or as its more commonly known, a pre-nuptial agreement.
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Estate Administration - What to do?

Medicaid Application - Why an Attorney Should Help You

Posted on: September 2, 2019 | By: David Parker, Esq.
Many seniors and their families don’t use a lawyer to plan for long-term care or Medicaid, often because they’re afraid of the cost.
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Beware Inheritance Theft

A letter of instruction Smooths Life’s Bumpy Road

Posted on: August 30, 2019 | By: David Parker, Esq.
It was reported on the news recently that some of Aretha Franklin’s family members have found what they believe to be her will. It was handwritten, stained and crumpled up in a couch. The courts may or may not choose to honor it, depending on whether or not they are able to verify its authenticity.
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CDPAP will pay you to take care of Mom.

If One Spouse is Incapacitated Can a Transaction Occur ?

Posted on: August 29, 2019 | By: David Parker, Esq.
The wife did not have a durable power of attorney authorizing her spouse to act as her agent in selling the property and now apparently lacked the capacity to sign one.
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