From Attorney Mitch Adel

For years I have been asking my clients to have their wishes made in writing. Having these important decisions in writing can avoid a lot of family drama that accompanies matters just before death and just after. The two biggest examples that come to mind are how things are distributed at death and, in certain circumstances, dealing with terminating life. When determining distribution at death, you might use a revocable living trust to dictate how and to whom that your financial assets or personal property, such as furniture, jewelry or guns, are distributed. Whereas, a Living Will is used to specify how you want to be treated if you have a terminal illness or are in permanently unconscious state.

Unfortunately, these two issues are not the only disagreements I have seen within families around the time of a loved one’s death. In some families, I have seen arguments about where mom or dad should be buried. It is not uncommon to see family members disagree about funeral arrangements – some as a result of religious differences, some about where the burial should take place and some about cremation.

The good news is that since this is a common issue, the State of Ohio developed regulations to deal with such disagreements. The bad news, if you don’t deal with this issue prior to death, is that the Court system and likely the media will become involved, and just like Terry Schiavo’s family down in Florida, your family could be the center of attention in a media circus.

If you believe that your death could potentially cause a problem in your family, make sure that you plan ahead. Put your wishes in writing. Ask us if you would like to receive more information or need assistance to document your after-death wishes.

By Liz Durnell

If you follow our blog regularly, you may have been astonished to read of the plight facing Murrell Lewis and Ruth O’Brien.  The case has reached an unhappy ending.  Murrell Lewis lost Ruth and also has to repay Medicaid debts to the Ohio Estate Recovery Program, if or when he sells the home they shared.

Following is an excerpt from the Columbus Dispatch article written by Rita Rice.

A 74-year-old man fighting a Medicaid-related eviction order might not have to move, because the homeowner died yesterday and willed her house to him, an attorney said.

Ruth O’Brien, 94, had shared her Northwest Side home with Murrell Lewis for nearly 38 years and planned to leave him her entire estate.

But because she went into a nursing home in 2009, O’Brien’s court-appointed guardian said Lewis had to buy the house, pay rent or leave so that it could be sold to comply with Medicaid asset rules.

O’Brien’s death changes the debate, said Lewis’ attorney, David Belinky.

“They’re going to have to close the guardianship, and I assume (Lewis will) be named executor,” Belinky said. “It’s a little weird right now.”

Belinky said he isn’t sure how much money is owed to Medicaid, the program that pays for health and nursing-home care for the poor and disabled. He and Lewis say it might not be much; O’Brien had a monthly income of about $5,000 in retirement and insurance benefits and so barely needed Medicaid.

Attorney fees and other costs from the guardianship likely would need to be paid from the estate.

“We would try to negotiate all debts and try to carry out Alma’s wishes from the beginning, which were that Murrell stay in the house,” Belinky said. “If not, and the house had to be sold, he’d wind up with the net assets anyway.”

Lewis said he’s glad he visited O’Brien often at the nursing home.

“I told her, ‘Even if I’m not here, I’m here in spirit,’” he said yesterday. “I made sure each visit was like it might be the last.”

This is an excellent example showing why it is very important to do Medicaid Planning and not just Estate Planning. Please consult an experienced Elder Law Attorney to protect your home and loved ones from the same fate.  If interested, please schedule a free consultation with the Thom L. Cooper Company.