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How do I spend down assets for Medicaid?

Many older adults find in their later years that they need long-term care, whether in-home, in the community or in a nursing home. To be eligible for Medicaid long-term care benefits, a person must meet certain state income and asset guidelines. Much like the tax laws, the Medicaid laws are filled with exceptions to the rules. On average in Kentucky and Indiana, with the help of a Medicaid planning attorney, married couples will save 95% to 100% of their assets and obtain long term care benefits for the incapacitated spouse. For a single person, families can often save at least 50% of their aging parent’s assets and obtain long term care benefits. With advanced planning, a single person ...

What Happens If There Is No Will in Indiana?

People often put off creating a last will and testament either because they’re too busy or they don’t like contemplating end-of-life issues. But postponing a will is not a good idea. It can create confusion, expense, and delay for your loved ones after you’ve passed away. When someone dies without a will in Indiana, it is called “intestate succession.” It’s a complicated legal term, so the better way to think of it is by asking, “What happens if there is no will in Indiana?” If you die without a will in Indiana, your assets will pass to your closest relatives. These assets include only items that would have passed through a will under Indiana’s intestate laws – ty ...

Can a Trustee Remove a Beneficiary from a Trust?

In most cases, a trustee cannot remove a beneficiary from a trust. The trustee’s job is to administer the trust and act in a fiduciary capacity. However, there are at least two instances in which a trustee could remove a beneficiary: 1. The trustee is the creator (grantor) of their own revokable living trust. 2. The trust document explicitly and clearly grants this power to the trustee. If the grantor of a revokable living trust wants to make changes at any time to his or her own trust, they can. This is one of the reasons this type of trust is created: it gives the grantor a lot of flexibility in changing, expanding, or contracting the terms of the trust while the grantor is stil ...

How is Pet Custody Determined in the Divorce Process?

We Know the Treatment of Pets in the Divorce Process Is Important to You. A pet custody agreement drafted by skilled divorce attorney is essential. Most people consider pets to be part of the family, not property. The law sees them differently. Thankfully, our divorce attorneys know a way you can work around that fact. There are steps you can take to create a pet custody agreement during a divorce. This agreement will help determine how pet custody will be handled in your divorce. We love our pets, and for good reason. Companion animals have been known to lower stress, teach children compassion, and help ease symptoms of depression. When it comes to divorce, deciding who gets Flu ...

What Is the Cost of Probate?

If you or a loved one dies in Indiana or Kentucky without a will, then your estate will go through probate.  You may ask yourself, “what is the cost of probate?”  The answer to that depends on the particulars of your assets and liabilities and your unique situation.  However, probate usually costs more and takes longer than the disposition of someone’s possessions when they have an estate plan. You may think that only rich people need estate plans, but that’s not true.  Creating an estate plan is an orderly, planned, proactive way of deciding how your assets will be distributed after you pass away.  Sometimes when a person fails to create a will or estate ...

How long do you have to sue after an accident?

How long do you have to sue after an accident? The amount of time you have to sue after an accident often depends on which kind of accident it is and what jurisdiction you’re in.  For example, if a car accident happens in Indiana, then the statute of limitations for filing an accident lawsuit in civil court is two years for both personal injury and property damage.  Similarly, the car accident statute of limitations in Kentucky is two years for personal injury and property damage.  However, if the accident occurred somewhere other than in a vehicle in Kentucky (such as at home or at work), then you have only one year to file a personal injury lawsuit. This example shows ...

How to Choose a Car Accident Lawyer

You know you deserve payment for the injuries you’ve suffered in a car accident, but you have no earthly idea where to begin. There are countless television commercials, radio advertisements and billboards looming over your daily commute that tell you to call a law office if you’ve been injured, but can you trust these ads? If you’re wondering how to choose a car accident lawyer in Southern Indiana, then you should keep a few basic things in mind. First, let’s review the absolute essentials when picking an attorney. Then, we’ll look at how to refine your search to find the best fit for your case. Absolute Requirements The first thing you’ll want to look for when hiring a car ...

Do I Need a Lawyer for Mediation?

Mediation is a way to resolve your differences with another party and avoid the high costs in time, energy, emotion and money that come with litigation. It involves a neutral third party who guides the parties to an agreement which ends the dispute. You don’t need a lawyer to be involved in mediation, but if your dispute involves your federal or Indiana legal rights, it’s best that you have one to help you. A mediator is normally an attorney who does this full time or as part of his or her legal practice, as we do at Church, Langdon, Lopp, Banet Law. Mediators can handle any kind of dispute, whether it’s related to divorce, child custody, disagreements between business owners or rea ...

Should Indiana’s Spousal Maintenance Law Change?

If you’re a spouse who sacrificed a career to care for children and later divorces, you may get spousal support for only three years. If you’re back in the workforce after being absent for years, this isn’t much time to get your income to a level where you can comfortably support yourself. This part of Indiana family law has come under scrutiny and should be changed because of the unfairness it can cause. This type of spousal maintenance (the term “alimony” isn’t used in Indiana law) is known as rehabilitative maintenance. It’s supposed to help “rehabilitate” a spouse whose unpaid job (possibly for decades) was to care for children and a household; it gives a three-year ...

Should I Insure My Child Support Payments? 

Child support in a divorce ensures that parents give their child the quality of life and support they intended to provide while they were still married. It's a critical component of most divorce agreements when the couple has children. Yet what many parents fail to consider is what will happen to their child's quality of life and their support payments if at some point in the future the supporting parent dies or becomes disabled. In these instances, the income providing the support stops, but the child's need for support does not. One way to ensure that the child will receive all of the support necessary, in spite of obstacles like these, is through insuring the child support. Many parents a ...

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What Legal Rights Does a Non-Custodial Parent Have?

What legal rights does a noncustodial parent have in Indiana

A noncustodial parent in Indiana keeps the right to parenting time, access to their child's school and medical records, and a say in major decisions unless a court has removed those rights. Indiana law separates legal [...]