|
|
|
|
|
|
|
|
||
|
|
Elder
Law and Estate Planning encompasses many different fields of law. Please
contact our office with questions in any of these areas. If we cannot help
you, we will be happy to provide you with local resources. Three important
documents everyone should have: You may not need a trust, an elaborate estate
plan or even a will. But unless you want a stranger making important
decisions for you and your family, there are some things you do need. A durable power of
attorney for finances, which
designates who’ll handle money decisions A living will, which tells doctors exactly what kind of care
you do and don’t want to receive if you’re terminally ill and
incapacitated. (Some states, including Information Not Legal
Advice. This web
site has been prepared for general information purposes only and accuracy
is not guaranteed. The information on this web site is not legal advice.
Legal advice involves the application of legal knowledge and skills by a
licensed attorney to your specific circumstances. Also,
laws vary from state to state, so some information on this web
site may not be correct for where you live. Laws also change frequently
so the information contained in this web site is not guaranteed to be up
to date. Therefore, the information contained in this website cannot
replace the advice of an attorney. Deadlines are extremely important in
most legal matters. You may lose important legal rights if you do not
hire an attorney immediately to advise you. |
|
||||||
|
A
Professional Corporation 401
Congress, Toll Free: 888-234-7647 |
||||||||
|
|
||||||||
|
|
||||||||
|
|
||||||||
|
|
||||||||
|
|
||||||||
|
|
||||||||
|
Principal Office In |
How to accidentally disinherit your
heirs:
By all accounts, Anna Nicole Smith loved her baby daughter Dannielynn. She shielded her from the media,
provided her with constant care and surrounded
her with every comfort.
She also accidentally disinherited her!
Here's how: In a
will executed in 2001, Anna Nicole placed all of her assets in a trust and
named her son
Daniel
by name (rather than by the more inclusive term "my issue") as sole
beneficiary. When
Daniel
predeceased his mother, the trust legally lapsed for
want of a living beneficiary, since Anna Nicole had
failed to name a contingent beneficiary for
Daniel. Then, because she failed to update her will to include
Dannielynn
before her own untimely demise at age 39, her sole surviving child was
accidentally disinherited.
As a result,
Anna Nicole's estate -- including the fortune she may someday be awarded from
the estate of her
late husband,
as if she had died without a will.
Social Security Disability Basic
Information in Plain English:
You may be eligible for Social
Security Disability payments if you have worked for a certain number of
years and have a disability that prevents you from working. The amount of your
monthly payments depends on how much you earned while you were working. Your
children may also be entitled to extra payments, if you receive disability
payments. According to the Social Security Administration, the average person
who receives Social Security Disability payments gets about $730 per month. If
the same person has a spouse and one or more children, the average payment is
about $1,200 per month. Payments can however be above $2,000 if your earnings
were high while you worked. The Widow of a dead person who worked may also be
able to get payments, even if the widow never worked. The widow must be over 50
years old to qualify. In general, if a person receives Social Security payments
for over 2 years, the person will receive Medicare health benefits that
pay additional money toward Medical bills.
Supplemental Security Income
payments are made to people who may
never have worked, have very little income and don’t have much money or
valuable property. To get Supplemental Security Income, you generally must also
have a disability that keeps you from being able to do any type of work. People
who receive Supplemental Security income only, do not get Medicare Benefits,
but may get Medicaid benefits which also pay for certain types of
Medical bills.
It is possible to get both
Social Security Disability and Supplemental Security Benefits.
Who is considered to be
disabled?
If a person is under age 62,
they must be found to be disabled before they can get any of the benefits
described above. The question of who is disabled is a very complicated one. In
general you do not have to be in a wheel chair to be found disabled, but you
must have a physical or mental condition that prevents you from being able to
work at common jobs. If a person has very little education or can’t read, write
or speak English, or is over the age of 50, it is more likely that even a minor
medical problem could keep that person from being able to find or keep a job.
If a person is very educated or very young, they generally must have more
severe medial problems to be found disabled. Some of the common medical problems
that keep people form being able to work are spinal problems, heart problems,
diabetes, depression, anxiety, bipolar disorder, mental retardation, and work
related injuries. These are only some examples, but there are many physical and
mental conditions that can lead to a person being considered disabled. Usually
however, people who are found to disabled have very serious medical problems
that have lasted a long time.
How do I prove that I am
disabled?
The answer to that is also very
complicated, but in general it is difficult to prove that someone is disabled
if they have not been to see one or more Doctor, Psychologist or Psychiatrist
on a regular basis. The reports and forms that these doctors’ offices write,
are usually what the Social Security Administration looks at in order to decide
who is disabled. Just saying that you have a certain medical problem is never
enough. It is very important that a person who feels that they are too sick
to work gets regular care from a medical provider and that they follow their
doctors’ advice. Without proof from your doctor that you are too sick to
work, you will probably not receive any type of Disability Payments.
What if I can’t afford to
see a Doctor?
Many counties offer free
medical care for people who cannot afford it. Some examples of these programs
available in
How long does it take to
start getting disability payments?
This can vary quite a bit.
It can take as little as 3 months, but for many people it can take well over 2
years! Most people have their claim denied at first and must continue to
appeal the denial. It is very important that you file for disability
benefits as soon as you feel that can no longer work, and that you meet all
deadlines for appealing a denial of benefits. It very highly recommended
that you get help from a qualified lawyer, as soon as you get denied for any
benefits. It is also a good idea to talk to a qualified lawyer before you even
file your claim for benefits. A lawyer who is familiar with the Social Security
system may be able to help you get payments sooner if you see them right away.
How do I apply for
disability benefits?
You can apply by telephone
from anywhere in the
What can a Lawyer do for me ?
More people than ever before
are applying for Disability benefits. Because of this, many people who very
truly deserve disability payments are getting denied. It is often difficult for
the Social Security Administration to decide who is really too sick to work and
who can go back to work. A lawyer who is familiar with the Social Security
process can help you cut through the red tape and get the right paperwork from
your doctors the right offices at the Social Security administration. Although
a lawyer may not always be able to make your case go through any faster, a
lawyer can give you the best possible chance of making sure that you get the
benefits you deserve.
How much will a lawyer
cost me?
Lawyers fees in Social Security cases are controlled by
federal law. In general a lawyer cannot charge you anything at all, unless
they will your case. If you win your case, lawyers fee can never be over
25% of the past due benefits that are collected for you. A lawyer cannot
collect monthly fees from you, after you get your lump sum past due benefits.
In some cases, people win monthly benefits, and not have pay a lawyer at all.
