Your Nosy Neighbor Can Find Out About Your Probate

Your neighbor can find out all about your probate process and the assets you owned.
Your nosy neighbor can find out all about your probate process and the assets you owned.

Most people think of probate (the process of collecting, managing, and distributing a deceased person’s money and property) as a private process. However, because wills are filed at the courthouse, probated estates become a matter of public record. That means your nosy neighbor from down the street or a long lost family member can simply go down to the courthouse or hop online and find out about your probate and the assets you owned. Really.

And it’s not just your neighbor who has access to this information. After a death, Texas law requires that the person having possession of the deceased person’s will must file it with the probate court –even if there won’t be any probate court proceedings.

While your neighbor may be an annoyance and have no reason to view the information other than out of curiosity, others can get access to your public records and make your beneficiaries’ lives miserable.

Financial predators.

While today’s digital world is convenient, it’s also dangerous. Financial predators find ways to access sensitive personal information online. Since courts are part of a bureaucratic process that often moves slowly, months can elapse before you (or the court) realizes that your beneficiaries have been swindled.

Will Challengers.

Since a will that is filed with the probate court becomes a public record, those believing they have an interest (whether valid or invalid) can access the document and challenge the will. This can result in added costs and time defending the will from what could amount to a frivolous claim.

Avoid the “Nosy Neighbor” Factor with a Revocable Living Trust.

Revocable living trusts are almost never filed with a court, either before or after your death. Probate courts are not involved in supervising your trust administration. So, you can avoid intrusions by busy bodies and predators by creating a revocable living trust. A trust is the best way to keep your financial and family affairs private.

For more about estate planning issues see https://galligan-law.com/practice-areas/estate-planning/.

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Does Medicare Cover COVID-19-related Medical Expenses?

Seniors need to know what Covid-19 related expenses are covered by Medicare.
Seniors need to know what Covid-19 related expenses are covered by Medicare.

Knowing the way in which Medicare is offering coverage for COVID-19 can help seniors protect their health and their finances at the same time.

Motley Fool’s recent article entitled “How Will Medicare Cover COVID-19? Your Top Questions Answered” answered some common questions seniors have about the COVID-19 pandemic.

Will Medicare cover COVID-19 testing? The testing for the coronavirus can be difficult to obtain, depending on where you live. However, the good news is that Medicare Part B will pay for this. In addition, Medicare Advantage plans must also cover COVID-19 testing.

How much must Medicare enrollees pay to get tested? While COVID-19 testing may be a stressful process, if you’re on Medicare, you won’t pay to get the results. There’s no cost for your actual test and no co-pay for seeing a doctor who can order one.

Does Medicare pay for COVID-19 treatment? There’s no standard treatment for the coronavirus, but some patients with severe symptoms are being hospitalized. Medicare Part A will usually cover inpatient hospital treatment. As a result, if you’re admitted because of COVID-19, you’ll have your normal deductible under Part A ($1,408 per benefit period). Note that coinsurance won’t kick in during your first 60 days of consecutive hospital care, but beyond that, you’ll pay $352 per day until you reach the 90-day point in the hospital. If you have supplemental insurance, your Medigap plan may cover the cost of some of the out-of-pocket costs you have for getting hospital treatment.

Does Medicare cover a COVID-19 vaccine when it’s available? While a vaccine is at least a year out, if one becomes available, it will be covered by Medicare Part B and you won’t have a copay for it.

Will Medicare cover mental health services? Many seniors are having a hard time coping with the pandemic and its effects. Some are feeling isolated in their homes, and others are feeling anxious. Medicare does cover mental health services, and you may be able to meet with a professional remotely via telemedicine. Generally, you will be subject to your Part B deductible, plus 20% coinsurance. Seniors who are struggling with mental health issues can also call the Substance Abuse and Mental Health Services Administration’s Disaster Distress Helpline at 1-800-985-5990.

The COVID-19 crisis has been especially tough on seniors.

Knowing what to expect from Medicare could make a this a little easier.

If you’re interested in the CDC’s recommendation for Care Plans for older adults, see https://galligan-law.com/covid19-update-cdc-recommends-care-plans-for-both-older-adults-and-caregivers/

Motley Fool (April 30, 2020) “How Will Medicare Cover COVID-19? Your Top Questions Answered”

 

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Does Your Executor Know What to Do?

Don't leave a mess for your executor clean up. There are ways to make your executor's job easier.
Don’t leave a mess for your executor clean up. There are ways to make your executor’s job easier.

Next Avenue’s recent article entitled “Is Your Estate as Planned As You Think?” explains that when you pass away your executor will have many tasks to perform when settling your estate.

It’s helpful to add clarity and lessen the burden of your executor’s work in advance. Look at this list of things to make sure your estate is as planned as you think it is:

Is your will current? If you’ve written your will, how long has it been since you drafted it? Have there been any major changes in your life since that time? If so, it’s likely time to update it. Review your will to make certain that it’s an accurate representation of your assets and your wishes now.

Is your will detailed? Yes, you’ve addressed the big stuff, but what about smaller items with sentimental value? You should list who gets what, to avoid fighting, especially if the executor is one of your beneficiaries.

Do you have a way to distribute your other personal items? You should determine how your family will divide up the possessions not explicitly listed in your will, such as the lawnmower, dishes and photographs. All of it will need to be either distributed by the executor to one of your beneficiaries, donated, or sold.

Are your financial affairs organized? Your executor will need to know if you have any recurring payments, as well as your account number, and online passwords. Create a list of regular monthly bills, along with your account numbers and access codes to simplify your executor’s job.

You will also need to let the executor know about any automatic deductions or charges on your credit card, internet-based subscriptions, club memberships, recurring charitable donations and automatic utility payments.

Making your wishes clear for your executor can help ensure that there’s less stress and an easy distribution of your assets.

Your estate planning attorney can help you address these issues to make things easier for your executor and your family. And while speaking with your estate planning attorney, ask about advance medical directives such as a medical power of attorney, a living will, a HIPAA waiver and whether you should have a trust.

For more information on wills see https://galligan-law.com/understanding-why-a-will-is-important/.

Reference: Next Avenue (Feb. 25, 2020) “Is Your Estate as Planned As You Think?”

 

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