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AdobeStock_32607232-300x225This is the first in a two-part series about the realities of and remedies for sibling rivalry over family inheritance. The 2nd part in the series “How to Keep the Kids from Fighting Over Their Inheritance” provides tips on how to avoid these kinds of conflicts.

“Mom always liked you best,” Tommy Smothers used to say. Those five words make up one of the most recognizable catch phrases of the inimitable Smothers Brothers. Coined in the early 1960s, it captures — in a humorous way — the rivalry that is an almost ubiquitous part of growing up with siblings.

Most of the time, such rivalries fade over the years, becoming fodder for family ribbing around the holiday table. But when the passing of a parent drives siblings into the unfamiliar territory of dealing with an inheritance, those rivalries can rear their ugly heads in unexpected and sometimes heartbreaking ways.

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Elderly man looking out sadlyBy Carmine Perri

“Can they do that?”

“I don’t think that’s appropriate.”

“Can we do something about it?”

For some time now, I have been receiving calls from residents in long-term care facilities, and their family members, asking these types of questions.  Ultimately, interested parties want to know if there are any legal requirements imposed upon these facilities.

Oftentimes, I swivel my chair to one of the bookcases in my office and look at the two bottom rows, both of which are fully stacked with treatise, legal publications, and other relevant documents that exclusively address resident rights and responsibility party liability.

Although I certainly welcome your calls, I wanted to share with you one place that you could begin your research to determine whether you or a family member is being properly treated in a facility. Continue reading

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Social Security Administration office windowWhat happens to your spouse’s Social Security benefits if they die? Are you entitled to them as the surviving spouse?

In general, yes.

If your spouse who has passed had paid into Social Security long enough, you may be eligible to collect their benefits. These are known as Survivor Benefits.

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iStock_000018435449SmallIndependent Living. Assisted Living. Nursing Home. What do these terms mean? How are they different from each other? And which one is right for you? Take a look here to learn what each one is all about.

Independent Living

Maybe you’re starting to think that a little more help would make life easier. You’re still living in the two-story house you raised your kids in. Maybe your spouse is gone, or maybe not, living is just getting to be too much.

Your daughter wonders aloud if you’d be happier in a retirement community where everything is Continue reading

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hand of a judge in a courtroom striking a gavel Deciding to conserve a loved one is a complex and sometimes painful process. You want the best care and quality of life for the people you love, but it can be daunting to consider the intervention and support of external parties.

Because application for conservatorship requires the involvement of the court, it’s important to understand how the court evaluates your loved one’s situation and capacity as well as what means you have to appeal the decision the court makes.

What information does the court use to determine incapacity?

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World Map with hearts affixed on the USA and AfricaCaring for an aging loved one can be a very challenging responsibility, even under the best of circumstances. But, when the caring must be done long distance, you add a whole other layer of complexity and difficulty.

Even an hour’s distance can increase hardship exponentially in the context of our always too-busy lives.

According to recent studies, long-distance caregivers represent more than 1 in 10 of the country’s estimated 53 million family caregivers. (Long-distance caregivers are those who live an hour or more from their care recipient.) And, as expected, long-distance caregivers tend to have a heavier financial and emotional burden than caregivers who are caring for loved ones who either live with them or live locally.

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AdobeStock_142240831-300x200It may seem odd to ask young parents to think about estate planning, but starting a family is actually the perfect reason to address some really important questions. After all, becoming a parent isn’t just about choosing names and picking out nursery colors. It’s about being wholly responsible for someone else—a child—for life.

While it’s difficult to even contemplate the unthinkable, it’s imperative that new parents plan for every possibility to ensure that their children are protected, cared for, and financially secure.

Since it may be a while since you traveled this road, here is an overview of the estate planning details young parents should address.

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AdobeStock_141959265-300x200There are few planning tasks more daunting than applying for Medicaid. The process is intimidating and can quickly become overwhelming, not merely because it’s complicated but also because it opens up a Pandora’s Box of legally nuanced questions and concerns.

This is not a task anyone can afford to botch, and it’s something that you have to get right on the first try.

Because of the challenges, most people seek help navigating the Medicaid labyrinth. While there are many reputable Connecticut elder law attorneys who assist with Medicaid applications and asset protection planning, there is also a dangerous new breed of “senior planning” providers that is preying on elderly nursing home residents, often reducing them to financial ruin. 

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Young carer walking with the elderly woman in the park
 Note: For introductory information on conservatorship, please read our initial post, What Is a Conservatorship?

While all of us wish that our loved ones might remain indefinitely self-sufficient and be able to live their lives with dignity, many of us will face the difficult situation of a loved one who is no longer able to care for his or herself.

The cause of such incapacity may be an illness or accident. It might be dementia or simply the decline of old age. You may find, one day, that your loved one is inconsistent about physical hygiene, unable to manage household finances, or making unwise decisions. If you see such signs, you may need to carefully consider the option of conservatorship.

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