Practice Areas

Asset Protection

Definition Estate Planning Integration Legal Threats Family Limited Partnerships LLC Foreign Asset Protection Trust U.S. Income Tax U.S. Estate & Gift Tax Domestic Asset Protection Trust Asset Protection Definition Asset Protection planning is the process of utilizing planning techniques available to preserve and protect accumulations of wealth from the multitude of potential claims arising from...

Cryonics

Introduction Legal Instructions for Disposition of the Body Anatomical Gift Document Appointment of Representative for Disposition of Body Health Care Power of Attorney Cryonics Trust Seminar Presentation Michael Millonig: Cryonics Institute member Introduction to Cryonics Cryonics is the preservation of a legally dead person at very low temperatures in the hope that future technology can...

Estate and Gift Tax

Federal Estate Tax The laws dealing with estate tax are separate and distinct from those relating to probate. These are two totally unrelated sets of laws. For example, property held in a living trust does not go through probate but is subject to estate tax. A POD bank account also avoids probate but is subject...

Estate Planning

Definition of Estate Planning Summary of Estate Planning Legal Forms Burial Instructions Canceling Installment Note (SCIN) Private Annuities Planning Options For Minor Will Beneficiaries Ohio Residency Rule Definition Of Estate Planning Estate planning is the process of providing for the orderly disposition of property upon death consistent with the estate owner’s desires. Estate planning also...

Funerals & Burial

Estate Planning For Funeral & Burial or Cremation Importance of a Funeral Arranging for a Funeral & Burial After Death Planning in Advance for Funeral & Burial Estate Planning for Funeral & Burial Arrangements Prior Common Law & Ohio Law Ohio’s Right of Disposition Statute Estate Planning under Ohio’s Statute Funeral Goods & Services Consumer...

Health Care Reform

U. S. Supreme Court Decision On June 28, 2012, the United States Supreme Court issued its decision on the various constitutional challenges to the Patient Protection and Affordable Care Act. The Court generally upheld all provisions of the Affordable Care Act except for the Medicaid expansion provision. This article will address only the Medicaid aspects...

Living Will

Living Will DNR Orders Living Will Ever since our medical technology has advanced to the state of keeping persons alive even though they are in a “vegetative” state with no apparent consciousness or awareness, we have been grappling with the complex moral, religious, medical, emotional, and legal questions presented by such a situation. A living...

LTC Insurance

Long-Term Care Insurance Long Term Care Insurance Partnership Program Long-Term Care Insurance One option in planning for the possibility of nursing home care is to purchase an insurance policy that will pay for the costs of custodial care in a nursing home or at home. Obviously, this must be done before entry into a nursing...

Nursing Homes

Nursing Home Complaints Nursing Home Lawsuits Nursing Home Care, Problems, Complaints & Malpractice Claims Advocacy The Nursing Home Reform Act requires that a plan of care be written for each resident in order to meet the physical, mental and psychosocial needs of the resident. This written plan must be completed at the time of admission....

Power of Attorney

Durable General POA Health Care POA Mental Health POA General Durable Power of Attorney Some of us will become either mentally or physically unable to handle our own affairs such as signing checks, making bank deposits, signing a deed or any other document. In such a case, it will be necessary to file in Probate...

Special Needs Trusts

Special Needs/Supplemental Needs Trust For a child with a developmental or intellectual disability, it is important to be eligible for Medicaid and SSI benefits. Any inheritance would remove eligibility until the amount inherited would be fully spent. Instead, the funds could go into a trust that would not affect eligibility and the trustee could still...

Trusts

Definition Questions to Ask Selection of Trustee  Revocable Living Trust to Avoid Probate  Bypass/Credit shelter trust  Ohio Bypass trust  QTIP trust  Power of Appointment trust  Dynasty trust Life Insurance trust  Crummey trust  I.R.C. 2503(c) trust  Trust for disabled & incompetent person  Spendthrift trust  Standby trust  Second Marriage Trust  Charitable trusts Grantor Retained Annuity trust  Qualified...

VA Benefits

Veterans (VA) Benefits for Long Term Care Introduction Certain benefits are provided to veterans of the armed forces that can assist with long-term care needs.  Many non-lawyer VA advisors do not consider the other legal consequences associated with their planning advice in other areas of law such as Medicaid eligibility, income, estate and gift tax...

Wills and Probate

Wills Probate Living Trust to Avoid Probate  Other Methods to Avoid Probate Probate Court Order for Alchohol Treatment Wills Your will should include various provisions, including the following: distribution of your estate to your chosen beneficiaries specific bequest of an item of property if desired name an executor of your estate and waive the bond...