Elizabethtown Kentucky Legal Blog

Do I really need a will?

On behalf of Burnett & Griffin, PLLC on Tuesday, December 11, 2018.

There are many reasons why you might not already have a will. However, the truth is that almost everyone should have a will, even those who do not think they have anything of value to pass on.

As pointed out by AARP, if you died from injuries sustained in an accident and your estate won a significant amount of money in the settlement, who would get the money? If you do not have a will, Kentucky's intestacy succession laws will determine who receives your assets, but these laws are not personalized to your wishes the way a will is.

Benefits of health care surrogates and durable powers of attorney

By Burnett & Griffin, PLLC posted in estate planning on Friday, November 30, 2018.

Many families across the United States face the devastating diagnosis of terminal cancers or the catastrophic effects of debilitating car crashes. Yet thinking about your assets and medical care if you are injured or fall ill proves difficult.

Especially as we age, it gets more essential to prepare for significant life changes. Although it may prove tough, designating loved ones to take the role of determining both your medical treatment and helping sort through your assets is responsible. Should you find yourself incapable of making sound decisions, naming a family member as a health care surrogate or a durable power of attorney helps you find peace of mind in knowing your health and property lies in safe hands.

Warning Signs for Elder Abuse

On behalf of Burnett & Griffin, PLLC posted in elder law on Friday, September 14, 2018.

In 2014, people aged 65 or older made up approximately 14.5% of the total population of the United States. In the next sixteen years, people aged 65 years or older are expected to outnumber the under-18 population. As the Senior population continues to grow, we need to be increasingly diligent about guarding against elder abuse.

Protecting Disabled Beneficiaries

On behalf of Burnett & Griffin, PLLC posted in protected disabled on Tuesday, April 10, 2018.

A recent study from the Institute on Disability in New Hampshire reported that in 2015, approximately 10% of the adult population under 65 was disabled. Although those statistics are the median for the United States as a whole, in some places those statistics may be as much as doubled. Kentucky, for example, had approximately 150-200% greater adult disabled population than the national average.

FAQs on the UCCJEA

On behalf of Burnett & Griffin, PLLC posted in custody on Wednesday, April 4, 2018.

Q: If the other parent and I live in different states, how do we know where to file our custody case?

A: The Uniform Child Custody Jurisdiction and Enforcement Act, most often simply referred to as the UCCJEA, determines the state that you must file in. If the child has never been subject to a custody case, then you will file where the child has lived for at least six months.

Sometimes one parent will file for custody in his or her state, although the child does not live there. The other state does not have jurisdiction. You will need to appear and ask the Court to dismiss the action for lack of jurisdiction, or you should hire an attorney in that state to do so on your behalf.

FIGHTING DEMENTIA: IT'S NEVER TOO LATE TO START!

On behalf of Burnett & Griffin, PLLC posted in elder law on Saturday, March 10, 2018.

As of 2017, 5.4 million Americans have Alzheimer's or another form of dementia. That equates to about one in 8 seniors. Alzheimer's is now the 6th leading cause of death in our country, raising concerns about caring for these individuals as baby boomers continue to age.

The Real Costs of Dementia

On behalf of Burnett & Griffin, PLLC posted in elder law on Sunday, March 4, 2018.

Dementia is a disease that is becoming increasingly prevalent among our senior population. The Alzheimer's Association has stated that approximately 1 in 9 people over the age of 65 have been diagnosed with Alzheimer's. Dementia patients encompass those with Alzheimer's but also includes other brain impairments with symptoms of memory disorder, personality changes, and impaired reasoning. As the population of those above 65 years old continues to rise, the population of dementia patients is on the rise as well.

The Benefits of Pet Ownership for Seniors

On behalf of Burnett & Griffin, PLLC posted in elder law on Sunday, March 4, 2018.

One of the most common issues related to the care of senior citizens is related to companionship. This is a particularly common issue if the person is still in their home. The elderly often have health problems which prevent them from regularly leaving their home. It is often the case that they live alone. Even when the senior has regular visitors there will be times when they are alone and loneliness can become an issue.

Medicaid Myths

On behalf of Burnett & Griffin, PLLC posted in estate planning on Sunday, March 4, 2018.

Medicaid is very complex and very confusing. As a result, it is difficult to obtain accurate information, leading to an abundance of misinformation. Fortunately, it is easy to clear up many of the most common misconceptions.

What is Probate and How can I Avoid it?

On behalf of Burnett & Griffin, PLLC posted in estate planning on Sunday, March 4, 2018.

There are many horror stories about probate. Everyone seems to have a story about someone they know who had a will contest or whose family was fractured because they fought about the property of a loved one. No one wants to go through this or for their family to go through this after they are gone. Avoiding probate, therefore, is a common goal of estate planning.