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Do not forget two key components of any estate plan:  a Durable Power of Attorney for Healthcare and an Advanced Healthcare Directive

If you read my monthly articles regularly, you know the cornerstone of any estate plan is a Last Will and Testament, (hereinafter, “Will”). But a Will has many limitations and should never stand alone as a plan for your future. The following are a few of the limitations for Wills: A Will does not completely…

202011.30
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Who decides what happens to your human remains?

“Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.” Benjamin Franklin, in a letter to Jean-Baptiste Le Roy, 1789. Benjamin Franklin was correct. Death is inevitable for all of us. As a result, each Missourian should…

What seniors should know about probate
201911.15
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What seniors should know about probate

“Where there’s a Will, there are 500 relatives” is a humorous take on the less desirable probate outcome for many Americans. But probate itself is not your enemy. Sometimes it can be a benefit. For example, the following instances often benefit from a court administering a decedent’s estate in probate: (1) family members and other…

201909.26
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What seniors should know about debt collection – part one of two

This two-part article takes a look at what seniors should know about debt collection. Americans are going further and further into the red. Experian Information Solutions reports that consumer debt in the United States reached $13 trillion in the fourth quarter of 2018. Helping to comprise that total debt are credit card debt at $834…

201904.30
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Wills v. Trusts – Do you know the difference?

So, you are advancing in age and you know you owe your family members the duty of establishing an estate plan with a professional. Good for you. In some instances, the realization that estate plans are necessary comes too late such as when an unexpected death occurs. In those instances, the intestacy succession laws found…

201903.12
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Reverse mortgages – the good, bad and the ugly

Congratulations seniors, these are your Golden Years. Your Social Security check exceeds your expenses and your children are all doctors and lawyers who never ask for handouts and seem terribly happy with their lives. You have very few wrinkles and a head full of dark hair. Your home continues to appreciate annually and your mortgage…

201902.22
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Should Seniors Create a Written Contract When Paying Relatives for Elder Care?

According to the State of Missouri’s Office of Administration, our state’s elderly population has increased more consistently and proportionately than any other age group. While Missouri residents age 65 and over represented only 10% of the population in 1950, by 2030 the Office of Administration predicts their numbers will represent more than 20% of all…

201808.15
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Why Create a Durable Power of Attorney for Financial Decisions?

The Missouri Durable Power of Attorney Law is set forth in Chapter 404.700 through 404.735 of the Missouri Revised Statutes.  A power of attorney is a legal document wherein you voluntarily, and with informed consent, and in the presence of witnesses, give another person powers to address your property and finances.  Although you may select multiple parties to…

201807.11
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Choosing a Skilled Nursing Facility or Long-Term Care Facility

The choice of a skilled nursing facility or long-term care facility is challenging, and chances are good that you, along with many Americans will someday be faced with the need to find such a facility for yourself or a loved one.  What’s the difference in the two you ask? The care provided in a skilled…

201806.20
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Should Drivers Always Hire Legal Counsel for Traffic Tickets?

Some drivers are offended after receiving a traffic ticket and desire to remove it from their record at all costs.  Still others never think of hiring legal counsel and just pay the ticket because someone has informed them one or two tickets won’t harm their insurance premiums or driving privileges.  Our firm represented traffic clients…