Occasionally, a client wants to disinherit a family member. This could be for a variety of reasons: the family member does not need the money, the family member is a bad apple, or there is someone else who needs the inheritance more.

There is a popular misconception that the client must leave these disinherited individuals an inheritance of $1.00. Such a bequest is completely unnecessary and could actually cost your estate.

The reading of the will as featured in movies and television is a common legal myth. Generally, after someone dies and the will is located, the executor will file to have the Will Probated. He or she will likely send copies to the beneficiaries or other family members. There will not be an official day where everyone goes to the attorney’s office and sits in fancy leather chairs while an attorney reads every clause in the will.

We, as elder law attorneys, are often asked to explain the differences between a legitimate asset preservation plan and elder financial abuse. The key factors to look for are the intent of the elder adult and the intent of the recipient, usually an adult child or children, who are involved in transfer of assets.

Bluegrass Elderlaw, PLLC is proud to announce that Attorney Mary Ellis Patton has been selected by the Kentucky Bar Association's Elder Law Section as the Section's Chair-Elect.

Attorney Amy E. Dougherty graduated from Leadership Lexington on June 15, 2017. Leadership Lexington is an eleven month leadership development program sponsored by Commerce Lexington. The program takes only a limited number of applicants and is highly competitive. Leadership Lexington gives class members the opportunity to better understand the challenges faced by the city of Lexington. Participants meet with and learn from community leaders.

The main way most American families save for the future is through private retirement savings plans such as 401(k)s and IRAs. These plans offer the opportunity to designate a beneficiary upon the death of the account holder. These designations allow the account assets to bypass probate and pass directly to the named beneficiaries. Often, individuals make these decisions when initially setting up the account and never reconsider them.

Whether it is Alzheimer’s disease, dementia, Huntington’s, ALS, MS or another illness, when a family member has been dealt a life-altering diagnosis, it changes the way you must plan for the future. A family with a person who has received such a diagnosis should seek legal advice as soon as possible. Even if the individual with the diagnosis is cognitively impaired, it does not mean that they cannot be a part of the planning process. Many times, the impaired individual can be actively involved.