Roberson Law Specilizing in Estate Planning, Probate & Trust Law

Quarterly News

Protecting Mom & Dad's assets (and your inheritance) from Nursing Home costs

Elderly Couple enjoying Life because of successful estate planning

 

Planning for the care of your parents while trying to preserve their assets is often called "Asset Protection
Planning" or "Medicaid Estate Planning," topics that concern many baby boomers who desire to find quality care for their parents without draining their parents' bank accounts and liquidating their parents'
assets...

 

Read the full article here.

Widows' Support Groups

This is a reminder that two widows' support groups are now serving the Miami Valley.

The Young Widows' Support Group meets on the first Thursday of each month from 7:00 p.m. to 9:00 p.m. at Normandy United Methodist Church, located at 450 West Alex-Bell Road, Centerville, Ohio.

 

The Widows' Support Group meets on the first Friday of each month from 3:00 p.m. to 5:00 p.m. at Normandy United Methodist Church, located at 450 West Alex-Bell Road, Centerville, Ohio.

For more information about the Young Widows' Support Group, visit the website, call Pam Walker at 937.434.7981, or email DaytonYWSG@aol.com.

 

For further information about the Widows' Support Group, call or email Sherry Matsel at 937.878.9707 or imboo25@yahoo.com.

Elderly Woman

Elder Law Services

 

Did you know that we have an entire department dedicated to senior services?

  • Preserve your savings from nursing home costs
  • Keep your home in the family
  • Know when to apply for Medicaid
  • Receive help finding the right nursing home and managing your bills

Check out our blog and our new Elder Law page on our website! 


Click
here to view our informative, interactive website and our video on YouTube.    

 

Roberson Law Video


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Our mission is to  provide excellent, compassionate legal services to help people plan for the unexpected and prepare for the inevitable.
 
News You Can Use
In This Issue: 
  • Protecting Mom & Dad's assets (and your inheritance) from nursing home costs
  • The importance of timing when doing your estate plan: a reporter's interview with Roberson Law
  • Does your pre-planned funeral home have your RODOR?
  • Widows' Support Groups
  • A lesson learned from "Tuesdays with Morrie"
  • Nancy Roberson wins prestigious award
  • But it was a gift...? 

The importance of timing when doing your estate plan: A reporter's interview with Roberson Law

 timing

On January 4, 2012, Dayton Daily News contributing editor Debbie Juniewicz, interviewed Nancy Roberson regarding the role that timing plays in doing effective estate planning.  The article shares not only some personal background about Nancy and the events in Nancy's life that caused her to pursue the practice areas of estate planning and probate law, but also a lot of good information that Juniewicz obtained from Roberson Law about the essential elements of estate planning. 

 

Click here to read the article.

Does your pre-planned funeral home have your RODOR?
cremation
 Written by Kim Cullman, Law Clerk
 
If your first thought is "What in the heck is a RODOR?" then you are not alone...  

 

Read the article here. 

Tuesdays with Morrie

A lesson learned from "Tuesdays with Morrie"

 

 Every Monday morning for the past couple of years, Roberson Law staff has received an email from Financial Advisor Phil Herzing titled, "Monday Morning Dose of Hope."  

 

Following is an excerpt from one of Phil's recent Monday emails that gives an inspiring perspective on death and relationships based on Tuesdays with Morrie, a book that shares the dialogue between Morrie, a man who is dying of Lou Gehrig's Disease, and Mitch, one of Morrie's past college students.

  

Phil's article published 12/12/11:

 

Morrie keeps telling his younger friend, "If you know how to die, then you'll know how to live."  This is especially hard for us, since we spend so much mental energy avoiding the simple truth that we will one day die ourselves.  As Morrie puts it, "Everyone knows they're going to die, they just don't believe it."  How are we supposed to learn how to die when we can't even allow ourselves to focus on the subject?

 

Further, what lessons are you eager to pass on before your time comes?  Have you decided how you plan to say the things that need saying?  Or will you be one of those people who goes to their own grave with much of their song still trapped inside? 

 

Thank you, Phil Herzing, for allowing us to use your article for our newsletter.  To subscribe to Phil's Monday Morning Dose of Hope, you can email Phil and request to be added to the subscription list.

 

Nancy Roberson wins Prestigious

Award

  

ToastmastersAward

On November 2, 2011, Nancy Roberson was the recipient of the Leadership and Communication Award from Toastmasters International District 40 for her outstanding dedication and contributions in the area of estate planning and probate law.  Nancy gave an acceptance speech in front of an audience of approximately 250 people when she recognized all of the people in her life who have contributed to her twenty-six year journey as a lawyer practicing in the area of estate planning and probate law.

    

Nancy was honored with the award in part for her service as a professional speaker for non-profit, civic, and religious groups.  If you would like to have Nancy speak at your next event, please call or email Amy Cary to book your event.  Nancy has an inspiring story that captivates and motivates audiences to get their affairs in order. 

 

As always, we never charge a fee for our professional speaking services, and we require a minimum of  only ten people to attend in order to book an event.  You may also go to our speaking engagements page on our website to read some testimonials from past attendees and to obtain more information about speaking engagement opportunities. 

But it was a gift...?
Written by Kristina Rainer, Associate Attorney 
Gift 
We have seen our share of problems that occur due to parents making gifts to their adult children over the years. Sometimes, the gift is meant to be just that, a gift. Other times, however, the gift is not really meant to be a gift; it is meant to be an advancement. An advancement is a gift made by a person ("the decedent") during the decedent's life time to an individual who would receive the decedent's estate after the decedent's death ("the heir"), and the decedent intended the amount of the gift to be reduced from the amount that the heir receives from the decedent's estate.
 
For example: We have a single mother with four children. She died with an estate worth $200,000. Under the statute of descent and distribution, each child receives $50,000. However, ten years ago, mom made a $15,000 advancement to her oldest child. The result is the oldest child's share is reduced by $15,000, so the oldest child will receive $35,000, and the other three children will receive $55,000 each.

A problem occurs when 1) a decedent has two or more heirs and 2) although the gift made by the decedent is meant to be an advancement, the decedent did not comply with the Ohio Revised Code. A gift that was intended to be advancement can be challenged by the recipient to be a gift instead of an advancement, thereby increasing the amount that the recipient receives from the decedent.

Section 2105.051 of the Ohio Revised Code provides that a gift made by a decedent "to an heir shall be treated as an advancement against the heir's share of the decedent's estate only if (our emphasis added) declared in a contemporaneous writing by the decedent [who made the gift], or acknowledged in writing by the heir to be an advancement." This means that at the time of making the gift, the person making the gift should declare in a written statement that the gift is indeed an advancement against the heir's share of the estate.  Often this important step is overlooked at the time of making the gift.  If the recipient of the gift refuses to acknowledge that the gift was an advancement, the recipient's share of the decedent's estate will not be reduced by the amount of the gift. This problem can be easily avoided by seeking the advice of counsel before making a gift that is intended to be an advancement to ensure that all of the proper documentation is completed before death. 
All material in this newsletter is Copyright 2012 by Nancy A. Roberson. All rights reserved.