Making home safer for elderly loved ones.

Making home safer for elderly loved ones.

All, Probate & Estate

With loved ones living longer and needing more care, many families struggle with the best way to help an aging relative. Completing a home modification geared towards accessibility and safety can help your loved one maintain independence and enjoy aging in place in familiar surroundings.

While it may seem like an expensive undertaking, there are a plethora of organizations and grants to help cover what Medicare doesn’t.

Contacting Ohio’s Agency on Aging can be helpful, as well as community development departments or local government programs.

Check out grants from organizations such as Rebuilding Together, which is a national nonprofit organization that helps with home modifications to promote safety and independence.

Here are some remodeling suggestions:

1. LIGHTING

  • Install brighter bulbs everywhere. New LED bulbs also reduce power consumption while making it easier to see.

2. DOORWAYS

  • Expand doorways to accommodate walkers, wheelchairs or mobility scooters, which don’t always fit through standard-sized doorways.
  • Adding a wheelchair ramp should be one of the first things on your list, as it eliminates the need to climb stairs to enter the home.
  • Consider replacing doorknobs with lever handles that are easier to grip and don’t require a twisting motion.
  • If your loved one is restricted by a wheelchair, they can’t reach the peephole to see who is knocking. Consider installing a camera for the door(s). There are many to choose from (Google Nest , Ring, Amazon, etc) and it is not essential to use a smartphone. There are easy to use and easy to see displays for the counter or end table.
  • Make sure there is a sturdy rug to prevent slip/fall from wet shoes.

3. STAIRS

  • Unless you move your loved one’s bedroom downstairs and eliminate any need to access the second floor of the house, you will need a stairway lift or at least, carpeted stairs or non-slip treads.
  • If a chair lift isn’t yet needed, be sure there are strong railings at every staircase.

4. FLOORS

  • Remove throw rugs, as they can easily become trip hazards.
  • Replacing flooring with a slip-resistant material such as vinyl, linoleum, bamboo or cork can give good traction while being more forgiving than tile or hardwood if they fall.
  • The 3M company makes traction strips with adhesive backing – just peel and stick. They are available for the interior, exterior, and bathtub/shower applications. You can find them in local hardware stores, Home Depot/Lowes, or Amazon.

5. BATHROOM

  • Adjust the temperature of the hot water heater to prevent burns. On the water heater, there is a knob with temperature markings – keep it beneath 120° F.
  • Install grab bars to help prevent falls.
  • Add textured, non-slip strips in the bathtub and shower.
  • A waterproof seat or chair in the shower can also be a big help.
  • High-profile toilets make sitting and standing easier – again install grab bars.
  • If your loved one is in a wheelchair or uses a walker, consider a pedestal or wall-mounted sink that a mobility device can fit beneath.
  • Consider replacing the sink mirror with one that tilts downward.
    ADA Standards for accessible design

6. KITCHEN

  • Adjust kitchen countertops if a wheelchair is needed so they are able to access them to prepare food.
  • Remove obstructions and trip-hazards (e.g., trash cans, bar stools, etc).
  • Move the contents of the top shelves down to lower shelves to reduce the reach.

It’s important to keep in mind, Medicare or private insurance usually covers medical equipment that’s installed in the home and there are home improvement grants to help with expenses, depending on your income and where you live. You can find more information on the Department of Health and Human Services’ ElderCare.gov website.

Encourage your loved one to update or complete their estate plans. There are really 5 basic estate planning documents:

  1. Will
  2. Durable Power of Attorney
  3. Healthcare Power of Attorney
  4. Living Will
  5. Revocable Trust

It is a great gift to have everything in order when they pass. It can keep your family strong and minimize taxes. Their savings and possessions can help the people that they love.

It starts with a conversation. Call estate planning attorney Chuck Bendig @ 614.878.7777 or visit our website for answers to frequently asked questions and details.

Financial Planning for blended families

Financial Planning for blended families

Probate & Estate, Wills

Blended families bring unique joys—but also unique challenges, especially when it comes to inheritance and estate planning. Without a clear plan, disputes can arise over who inherits what. Financial planning tailored to your family’s structure is essential for preserving relationships and ensuring your wishes are honored.

Here’s how to navigate financial planning for blended families:

1. Define Your Estate Planning Goals

Inheritance planning can be complicated when stepchildren and biological children are involved, particularly if your spouse isn’t their parent. Ask yourself:

  • What’s most important to me?
    Do you want your assets to support your spouse, your children, or both?

  • Are my children old enough to inherit directly?
    If not, you’ll need to set up structures like trusts to protect their share until they’re ready.

Pro Tip: Use estate planning tools like a Durable Power of Attorney to prevent disputes over who manages your affairs if you become incapacitated. For custody concerns, a clear Will can determine whether your children stay with their biological parent or your current spouse.

2. Regularly Review and Update Your Plan

Life is full of changes—marriages, divorces, new children, or evolving relationships. If your situation shifts, so should your estate plan.

Example:
When you first married, your focus might have been on your biological children. But now, you might view your stepchildren as your own. Update your plan to reflect this sentiment.

Key Tip: Revisit your plan every few years or after major life events to ensure it aligns with your goals and family dynamics.

3. Communicate Openly

Transparency can prevent family conflicts down the road. Sit down with your loved ones to explain your decisions and ensure everyone understands your intentions.

  • Discuss your plans with your spouse, but don’t feel pressured to compromise on your core wishes.
  • Talk to your children and stepchildren about their inheritance so they know what to expect.

Why It Matters: Lack of communication is a major cause of inheritance disputes. Open conversations now can save heartache later.

4. Be Cautious About Potential Conflicts

Blended families can face unique inheritance challenges. For example:

  • A wealthier spouse with their own children may want to safeguard their assets for those children, which can lead to tension with the new spouse.
  • Family heirlooms or sentimental items may cause disputes if not clearly designated in your plan.

How to Avoid Issues:

  • Prenuptial or Domestic Partnership Agreements: These documents clarify financial arrangements and inheritance expectations, reducing surprises.
  • Lifetime Gifting: Consider giving significant gifts while you’re alive, so you retain control and avoid executor conflicts later.

Pro Tip: Gifts under $15,000 per year (per recipient) don’t require federal reporting, helping you sidestep gift tax implications.

5. Balance Fairness and Your True Wishes

It’s natural to want to be fair to everyone, but fairness doesn’t always mean equality. For example:

  • You might leave heirlooms to biological relatives while still ensuring stepchildren receive monetary assets.
  • A charity, scholarship, or pet trust might also be part of your estate plan.

Golden Rule: Plan according to your values, even if it’s not what everyone expects. Discuss your decisions with your attorney and tax advisor for professional guidance.

Common Questions About Estate Planning for Blended Families

1. Do I need a lawyer for estate planning in a blended family?
Yes. Blended families have unique considerations, and a skilled attorney can ensure your plan is legally sound and tailored to your needs.

2. What happens if I don’t have a Will?
Without a Will, state laws determine inheritance—often favoring biological relatives over stepchildren or partners.

3. How can I avoid family disputes over heirlooms?
Clearly outline who receives sentimental items in your plan. Consider discussing your decisions with your family to minimize confusion or resentment.

Take the Next Step Today

Financial planning for blended families can be complex, but it’s essential for protecting your loved ones and honoring your wishes. By defining your goals, reviewing your plan regularly, communicating openly, and seeking professional advice, you can avoid common pitfalls and bring peace of mind to your family.

Contact Estate Planning Attorney Chuck Bendig today to start planning for your unique situation.

Wills vs. Trusts: Which is the right choice?

Wills vs. Trusts: Which is the right choice?

Probate & Estate, Wills

Most people don’t like to discuss their own demise. Frankly, it’s not the most enjoyable thing to think about. However, drawing up a will or trust allows you to designate exactly where and how you want your assets to be distributed if you pass away. It’s a common misconception that using a trust can save you on estate taxes. In reality, there are other major differences between wills and trusts that could save you time, money, and headaches in other ways. Let’s discuss the advantages and disadvantages of each.

Wills

Advantages: Wills are usually cheaper and easier to create. If you have a smaller estate, the costs of creating a trust could exceed the savings of avoiding probate. Plus, you don’t have to worry about some of the formalities that come with holding your assets in a trust, like retitling any of your assets. Lastly, using a will requires court supervision of your estate, which is helpful if you’re skeptical that your assets would be distributed according to your wishes.

Disadvantages: Wills must be probated. That means a court must supervise the distribution of the assets, making the process more costly as well as time-consuming. In addition, the court documents are public records, so anyone can go to the courthouse to see how your estate was distributed. Also, your will doesn’t take effect until you’re deceased, meaning you can’t use a will to name someone to take care of you if you’re incapacitated. Other documents are needed to do that.

Trusts

Advantages: A living trust allows you to pass your property to your heirs without going through probate, which usually allows for faster distribution than wills. If you have multiple properties in multiple states, a trust can pass the assets without the need for additional proceedings. With a will, you might need to go through subsidiary probate proceedings in the other states as well. Lastly, trust documents are effective immediately, allowing you to include things like end-of-life directives or assign a guardian in the event that you’re incapacitated.

Disadvantages: Generally, trusts have higher preparation costs than wills and they require you to retitle your assets in the name of the trust, taking up time and money. If you don’t retitle your assets, they won’t pass through the trust and instead will go through probate. Also, trusts don’t offer any kind of special asset protection, meaning your creditors can still get assets in your revocable trust.

Estate planning can be murky waters to navigate without the help of an Attorney. When making decisions this important, you need a trusted estate planning attorney to ensure your documents are correct and cover every possible area of your plan. Call Chuck Bendig.

When you die without a Will or estate plan, here is what happens.

When you die without a Will or estate plan, here is what happens.

Probate & Estate

We all joke about “what if” scenarios, but life has a way of throwing us unexpected curveballs. What happens if you’re incapacitated or, worse, pass away without having your affairs in order?

The truth is, without an estate plan, you lose control over who manages your care, makes decisions for you, or inherits your belongings. Instead, these decisions fall to the courts or state laws—and the results might not align with your wishes. Here’s what you need to know about estate planning and why it’s crucial to have a plan in place.

Scenario 1: Incapacitation Without a Plan

Imagine you’re in a car accident and fall into a coma. The doctors don’t know if you’ll recover or what your quality of life will be if you do. Now, your loved ones are left debating your care:

  • Who decides what happens next?
  • How long should they wait before making tough decisions?

If you haven’t designated a Healthcare Power of Attorney (HPOA):

  • The courts might appoint someone to make medical decisions for you.
  • Family disagreements can arise, potentially causing rifts among loved ones.

A Healthcare Power of Attorney ensures a trusted person—whether a close friend, family member, or professional—can make decisions in line with your wishes.

Scenario 2: Handling Your Finances During Incapacitation

Declining health or cognition can also leave you unable to manage bills, bank accounts, or day-to-day financial responsibilities. Without a Durable Power of Attorney (DPOA):

  • A court-appointed guardian might manage your affairs, which can take time and add stress.
  • Bills could go unpaid, or accounts could become inaccessible.

By designating a DPOA, you ensure someone you trust can handle your finances seamlessly.

Scenario 3: Passing Without a Will

When you pass away without a Will (also called dying “intestate”), the state determines how your assets are distributed:

  • Assets go to “next of kin” according to state law, which may not align with your wishes.
  • Estranged family members or distant relatives could inherit your belongings, even if they’re not part of your life.

What Happens to Your Possessions?
Many people think they don’t own anything of value. But estate plans aren’t just for millionaires—they’re for everyone. Here’s why:

  • Your car, savings, or even sentimental items like a favorite chair or handmade blanket could mean the world to someone.
  • Without a Will, these items might end up with someone you wouldn’t choose.

What You Can Do Instead:
With a Will, you decide:

  • Who inherits your assets: Close friends, loved ones, or even a charity can benefit.
  • Special instructions: Want to leave something for your pet or fund a scholarship? You can make it happen.

Estate Planning Tools You Should Consider

Here are some essential components of a comprehensive estate plan:

  1. Last Will and Testament: Specifies how your assets will be distributed and who will care for any minor children.
  2. Living Will: Outlines your medical care preferences in situations where you cannot communicate.
  3. Revocable Trusts: Allows assets to pass outside of probate, saving time and legal fees.
  4. Healthcare Power of Attorney: Designates someone to make medical decisions for you.
  5. Durable Power of Attorney: Grants authority to manage financial responsibilities on your behalf.

Common Questions About Estate Planning

1. Who needs an estate plan?
Anyone with assets or loved ones they care about should have an estate plan. If you own property, have children, or want control over your medical care, an estate plan is essential.

2. What happens if I don’t have a Will?
Without a Will, your assets are distributed according to state intestacy laws, which may not align with your wishes. The process can be lengthy and stressful for your loved ones.

3. How can I make sure my pet is cared for?
You can set up a trust to provide for your pet’s care, ensuring they’re loved and looked after even after you’re gone.

Take Control of Your Future Today

Life is unpredictable, but your wishes don’t have to be. With an estate plan, you:

  • Maintain control over your medical and financial decisions.
  • Ensure your assets go to the people or causes you care about most.
  • Spare your loved ones the stress and uncertainty of guessing what you would have wanted.

Ready to get started? Estate planning is often easier and more affordable than you think. Schedule a consultation today to take the first step in protecting your legacy and giving your family peace of mind.

Inheritance: Is challenging a Will worth it?

Inheritance: Is challenging a Will worth it?

Probate & Estate, Wills

After the loss of a loved one, emotions can run high, sometimes bringing resentments to the surface. It’s common to have heirs challenge the deceased final wishes if there was an expectation of inheritance that didn’t exactly pan out. However, they need to do so on the basis of one of four legal grounds:

Undue influence: Although difficult to prove, if the deceased was pressured by someone to change their will, the would-be heirs could have a case.

Fraud: If the will’s author was somehow tricked into signing, the will is invalid. For example, maybe they were told that it was a deed or other legal document but they were unable to read it themselves.

Improper execution: Wills are complex. That is why so many people choose to have a lawyer help them with the specifics. However, if the will was not prepared properly under the state laws, it could be deemed invalid.

Lack of capacity: If the deceased was not mentally capable of thinking out the many issues that are involved in preparing a will, for example, if they had dementia, the will could be thrown out at court.

Is it worth it?

If you’re wondering if it will be worth the effort to contest, look at the amount of money that is involved. If your interests are more about proving wrongdoing and not increasing your bank account, you may decide it’s not worth the pursuit. It costs tens of thousands of dollars to challenge a will in court. Ask yourself if the payoff is worth it to you. If there is a suspicion of elder abuse, however, contesters might be able to pursue criminal charges against any alleged offenders. That may make more sense than bringing a costly case to court.

Also, consider the potential cost to personal relationships. If you’re feeling slighted in some way by a late relative or missing out on a potentially large inheritance, it can be painful. Contesting the will may very likely affect any relationship you have with the adversary, and you should be warned that successful will contests are few. Most end up being settled out of court.

Can I contest a trust?

Has a trust omitted you in favor of a sibling? Similar to wills, these can be deemed invalid for similar reasons as a will, and this result can be difficult to achieve as well. Courts consider accounts of convenience, as well. For example, let’s say you know that the deceased didn’t intend to keep a joint owner on a bank account. Maybe they only added that person as a matter of convenience in order to assist them with bill paying. Courts can order the asset to be turned over to the estate, depending on the intent of the person who added the name at the time it was created.

If you feel there’s a reason to challenge a will or trust, consult Estate Attorney Charles Bendig. The consultation is without obligations and completely confidential.