Your Elder Law & Estate Planning Legal Team.Serving Elkhart, Goshen, South Bend, Mishawaka and surrounding areas.
Our knowledgeable and caring staff is here to walk alongside you every step of the way, whether you are planning for your future or you find yourself faced with a need for advice and assistance from an experienced elder law attorney.About Paul D. Eash & Team
Elder LawPaul D. Eash, Attorney at Law P.C.
Sometimes there is no perfect solution to create encompassing protection of your assets and person. However, we are fortunate to have several methods and tools available. An experienced elder planning attorney can guide you through these tools and help determine the best course of action.
At the law office of Paul D. Eash, we understand that seniors in our society face several challenges. We find it helpful to address challenges in the present by drafting thorough and effective documents for protection. Whether you have a family member that you wish to protect or if you fear becoming incapacitated, we encourage you to schedule a consultation with our office.
Power of attorney
This document gives a person of your choosing the right to make property and financial decisions on your behalf in the event that you become incapacitated. The agreement can take effect immediately, or only under certain conditions, and allows for as many or as few powers as you wish. By assigning a power of attorney, transactions are easier and more cost-efficient.
When you are no longer able to express your intention with regards to life-prolonging procedures, this document may express your intent for you. A living will is effective if you become terminally ill and will die in a short period of time without artificial life prolonging procedures. Creating a living will gives you the opportunity to spell out your intentions in many different types of situations. An experienced attorney can work with you to ensure your intentions are thorough and clearly described.
Health care representative appointment
This is a written appointment that you make of an individual of your choosing who can make medical care decisions for you should you become unable to make such decisions on your own behalf due to your health condition.
A guardianship is a court proceeding in which a guardian is appointed to handle the assets of a person if the person becomes incapacitated without an effective power of attorney or healthcare representative in place. Our office would facilitate the appointment of a person or entity as guardian in the best interests of the incapacitated person. On most occasions, a power of attorney, healthcare representative appointment and living will can avoid the necessity of a guardianship.
If you desire when you pass away that certain bank, investment, and other account funds, be transferred promptly to a person or entity without any of the funds held back for a period of time, beneficiary designations can be added to such bank, investment, and other account funds to avoid probate in a simple inexpensive manner.
Estate PlanningPaul D. Eash, Attorney at Law P.C.
Many people find it difficult to confront their own mortality and plan for the future financial stability of their loved ones. During these challenging times, it is wise to have a thorough attorney guiding you through your tough decisions.
At the law office of Paul D. Eash, we work extensively with our clients to determine what their needs are, what their goals are, and what documents should be drafted to protect their interests. Our clients rely on our firm to be thorough, detailed, and realistic throughout the process. We pride ourselves on tailoring the estate plan to provide the maximum amount of protection and control possible.
A will is a document that spells out your wishes in a very direct manner. Creating a will can be the cornerstone of effective estate planning. A will controls what, when, and how much of an inheritance devisees receive.
Revocable Living Trusts
For some individuals, the living trust can be the single most important tool the can create. A living trust is a legal document that allows you to gather all of your significant property into one place and assign a trustee, usually yourself or a trusted individual. During your lifetime, you maintain complete control of the trust and the assets held in the trust, and also retain the use of any income and principal from the assets. You are free to transfer assets in or out, or to change any of the details of the trust at any time. Contact our firm to learn more about the benefits of creating a living trust.
Different types of irrevocable Trusts, including Special Needs Trusts, can offer protection for the continuance of Medicaid and SSI benefits , and can help reduce taxes with certain circumstances.
Transfer on death deeds
In Indiana, a property owner can create a transfer on death deed to transfer ownership of real estate to a beneficiary upon the original property owner's death, to avoid probate administration and conserve costs.
Probate is the legal process of implementing your will in court after you die. Even if an individual does not leave a will, their estate will still be processed in the probate courts.
Why do people find the Living Trust so appealing?
The Living Trust allows you to transfer control of your assets to a trusted individual or corporation of your choosing should you suddenly become unable to make important decisions regarding your estate. This ensures your Trust assets are quickly and easily distributed to those you choose upon your death, to help your family avoid probate costs.
Medicaid & Veterans Administration PlanningPaul D. Eash, Attorney at Law P.C.
Elder law is a holistic approach to planning for the future that uses healthcare and protective economic strategies to ensure future financial stability. With a thorough evaluation of your situation, Elkhart elder law lawyer Paul D. Eash can determine how to make these tools work for you and your family.
Planning for the possibility or occurence of a sudden illness or care requirement is important and can be difficult. Paul Eash and his assistants provide compassion, empathy and strength to guide clients through this process.
It is our job to relieve our clients of as much stress as possible while providing them with the guidance and tools necessary to come to a successful resolution.
Many families cannot afford to cover nursing home costs without help. The law office of Paul D. Eash has over 18 years of experience guiding clients how to plan for this eventuality and protect their future financial stability.
There are means available to individuals to allow them to protect assets and still qualify for Medicaid. One of the methods is referred to as "spending down." This is accomplished through gifting and converting assets into those that are exempt from consideration. However, if not done precisely within the rules, efforts may be nullified by Medicaid regulations. It is wise to have an experienced elder law attorney guiding you through this process.
Our team will work with you to develop and implement a sound strategy focused on preserving assets.
Nursing Home, Assisted Living, & Home Healthcare Planning
Whether you or a family member are currently in a nursing home or planning for the possibility, a prepared family is a protected family. Our firm focuses specifically on the legal needs of older individuals and their families. We strive to ensure that our clients maintain as much independence and control over their assets as possible. Schedule a consultation with our office to discuss the steps necessary and the methods of protection available to you. Medicaid planning is an integral part of nursing home and home healthcare planning
Veterans Administration "VA" Planning
Veterans who served during wartime and spouses of deceased wartime veterans can obtain a Veterans Administration ("VA") Aid and Attendance Pension in certain situations with careful planning. Such pension can be helpful, when combined with Medicaid planning, in nursing home planning.
Further, planning for a VA Aid and Attendance Pension can be beneficial in certain circumstances when assisted living is an appropriate or desired possibility. Veterans during wartime and their widowed spouses may be entitled to amounts from a VA Aid and Attendance Pension when the Veteran or the Veteran's widowed spouse lives or is planning to live in assisted living.
Probate & Trust AdministrationPaul D. Eash, Attorney at Law P.C.
Losing a loved one is one of the most emotionally challenging things an individual has to endure. It only adds to the stress and worry when that individual must struggle through legal issues or disputes involving probate or trust administration. If you are facing this situation, we encourage you to contact an experienced Elkhart probate attorney.
At the law office of Paul D. Eash, we work diligently to make sure all asset and tax issues are resolved as quickly and simply as possible - thoroughly and efficiently. Our staff is proud of their history in handling issues in a prompt manner to help remove a burden of stress and concern from our clients' shoulders.
Probate is the process by which assets are distributed to heirs under a will or intestate law. If you or a loved one is involved in probate, we encourage you to contact Paul Eash. A knowledgeable attorney can help guide clients through this sometimes difficult and challenging process. We will attempt to keep these matters simple while minimizing disputes as much as possible.
Trust administration is a process of distributing or administering assets under the terms of a Trust, which usually occurs upon the death of the Settlor of the Trust. Our firm can assist to assure all aspects of the Trust administration are handled promptly and effectively in compliance with the terms of the Trust.
In certain situations, probate can be avoided through Affidavit procedures. Our office will use such procedures when available to simplify post-death administration in a cost-efficient manner.
Throughout either of these processes, our firm can assist families by filing the proper paperwork with the necessary organizations to allow clients to gain access to the assets of the deceased. We are prepared to assist in resolving asset, income tax, life insurance, and other issues associated with a family member passing away.
Additional Practice AreasPaul D. Eash, Attorney at Law P.C.
306 West High Street, Elkhart, IN 46516