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Elizabethtown Kentucky Legal Blog

Inventorying your digital assets for your estate plan

Getting your life affairs in order can seem like a monumental task. Certainly, you will need to go over various aspects of your life, and you may feel a number of emotions as you go through the estate planning experience. You may be able to look back on aspects of your life with fondness and make important decisions about your future and the future of your estate.

Because so much of your life goes into your estate plan, it is easy to overlook things. In particular, intangible items may not immediately land on your radar as far as including them in your plans. However, because you likely have a lot of online accounts and profiles, it is important that you do not forget your digital assets when creating your plan.

Do creditor calls have you feeling stressed?

If you face a substantial amount of debt, you are not alone. Of course, just because others are in similar situations, you may not feel very comforted by the thought because you know that you hold the responsibility for handling your outstanding balances.

You may also find little comfort in the fact that creditors are calling in attempts to collect on the debt you owe. In fact, their calls may only bring about stress and anxiety for you. What you may want to remember is that you still have rights when it comes to how creditors handle your debt and interact with you.

Do I need a living will?

One of the most difficult parts of growing older is feeling less in control of decision making. It’s important to you to retain your independence and make sure your voice is heard. This can be even more difficult if an illness leads to your incapacitation. Maybe you’ve planned everything else – you’ve written a will and planned your estate – why not make your medical wishes known too?


A special needs trust can help financially protect your child

Every estate plan should be tailored to the unique needs of the individual. There are many estate planning tools that can be used, but some tools may be more appropriate for one situation or goal over another.

If you have a child with special needs, one of your estate planning goals may be to help financially support that child after you pass away. One way to accomplish this goal is by creating a third-party special needs trust.

Do I really need a will?

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

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

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

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

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.


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.


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