FAQs

 
  • A will is a letter of instruction and is one way to ensure your assets are distributed in accordance with your wishes after death. However, a will does not avoid probate court and, in fact, is only effective in probate court. If you want to avoid probate, you may want to set up a trust.

  • A power of attorney allows you to choose someone trustworthy to manage your affairs if you are incapacitated or unable to do so, thus avoiding a guardianship and/or a conservatorship.

  • A well-constructed long-term care and/or estate plan prepared by an elder law attorney allows you to preserve your assets for future generations and ensure that your needs are taken care of as long as you live. If you do not plan far enough in advance, you may not have the opportunity to protect your assets.

  • No, it is best to consult an elder law attorney before selling or transferring any property when mom or dad have entered a nursing home or may need nursing home care.

  • With a properly prepared trust, assets can be set aside and your child can remain eligible for government sponsored benefits such as housing and medical care so their needs will be met even after your death.

  • No, your authority to sign as attorney-in-fact under a power of attorney ceases at the time of her death.

  • A nursing home may discharge you for failure to pay for services. However, if you have an application for MO HealthNet (Medicaid in Missouri) benefits pending, the nursing home will not discharge you.

  • An applicant's personal residence is an exempt asset in most situations. However, the state may attempt to recover payment of benefits paid after death.

  • Yes, just contact Reuter Merkle Law Firm, and we will be happy to meet with you and your family. There may be an additional cost for an out-of-office visit depending on the location.