Answers to Your Long Term Care Questions

What questions do you have on Ohio Elder Law and Long-Term Care Planning? In this section, we answer a number of frequent questions we hear each and every day in our law firm.

1. My mom has fallen. What do I do?

Call an ambulance and help her seek the medical care she needs. A fall can also be a sign that an elder parent may need more care or daily assistance. Find out more about how to keep your mom safer in her own home or explore long-term care options. Our office is experienced in this area and can help you implement strategies for covering the costs of long-term care. Contact us to learn more on how we can assist you and your loved one.


2. How much does long-term care cost in Ohio?

The average monthly cost for a semi-private room in an Ohio nursing home facility is $7,148. While this is a staggering monthly expense, you do not have to go broke in a nursing home nor does your family. You do not have to lose a lifetime of savings in a nursing home. Our team is experienced in implementing strategies to cover the costs of long-term care. Get in touch with our office right away to develop a long-term care plan.


3. When should I start planning?

Right away. 7 of 10 Americans over 65 will need long-term care. Don’t wait to plan and don’t wait on hiring a lawyer. Many strategies are immediate, but there are more benefits when you have time to plan. Our team of attorneys is ready to help you throughout Ohio and right here in Columbus. Contact us today to establish a long-term care plan that meets your future needs without jeopardizing your assets and savings.

4. I don’t need a nursing home yet, but is it too early to plan?

It is never too early to plan. Most Americans over the age of 65 will need long-term care at some point and putting a plan in place earlier, rather than later, is more likely to give you more benefits and more of a chance to protect your assets and savings from being chipped away at by the significant expense of nursing home care. Our local attorneys are read to assist you and available 24/7. Contact our office today.


5. My husband is in a nursing home, is it too late to plan?

No, it is not too late to plan. While planning ahead is the best option, many strategies are immediate. You need not be impoverished by the care needs of your spouse. Our office can begin developing and implementing a plan right away, but time is of the essence. Contact our team of local attorneys today.


6. As an adult child, do I have to pay my parent’s nursing home bills?

No, you do not have to pay your parent’s nursing home bills. It may be best, however, to talk to your parents about planning for the cost of long-term care. Don’t wait on hiring a lawyer. Many strategies may be immediate, but there are more benefits when there is time to plan. Call our team of local attorneys for assistance


7. What is the difference between Medicare and Medicaid?

Medicare is a federal health insurance program for those individuals who are 65 older, as well as certain younger individuals with disabilities. Medicaid is a state-administered health insurance program intended for individuals with low income and limited financial resources. While Medicare and Medicaid may be similar in name, they are vastly different programs. Talk to our experienced team of attorneys about these programs and what benefits may be available to you or your loved ones.


8. Does every estate in Ohio have to go through probate?

No, not all estates must go through probate. In fact, if your estate solely consists of one of the following, you may not need to go through probate at all:

  • Survivorship deed (property automatically transferred to surviving owner)
  • Assets held by a married couple
  • Assets given a benefi ciary designation
  • Payouts of an insurance policy to named benefi ciary
  • Real estate that has on fi le an Ohio transfer on death designation affi davit
  • Very small estates of less than $5,000 or the cost of funeral

For more please click here.
How a Living Trust Can Help You Avoid Probate Court
How a Living Trust Can Help You Avoid Probate

9. What can survivors do to simplify the probate process?

Surviving family members can apply for a Release From Administration packet. This will make the proceedings signifi cantly shorter if any of the following apply:

  • The surviving spouse inherits the entire estate and the value is less than $100,000.
  • The entire estate is less than $35,000.

For more please click here.
What Is Release from Administration in Ohio Probate?

10. What are executors and administrators?

The person named the will as executor of the estate is responsible for taking care of the probate proceedings. Where there is no will, that person named by the court to do the same thing is referred to as the administrator. Collectively they are called fi duciaries.

The fi duciary’s responsibilities are as follows:

  • Provide valid will to the court when applicable
  • Identify all next of kin and named benefi ciaries
  • Make an inventory of all the assets of the deceased and ensure their safety
  • Discover and identify all debts
  • Have an appraisal of all assets
  • Ensure all debts and taxes are paid from the estate
  • Oversee the distribution of assets to benefi ciaries
  • Keep detailed records of activities

For more please click here.
Three Tips to Managing A Family Member’s Assets After They Pass
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11. How much does probate typically cost?

Court costs for probate cases are normally not more than $350. Executors can take a fee for themselves, 4% for the fi rst $100,000 in assets, 3% for the next $300,000 and 2% for everything above $400,000. Family members serving as executors occasionally choose not to take this fee. Attorney fees can be charged hourly or as a percentage of the total assets. A rough estimate of the attorney fees can be gathered by calculating 3-4% of the total assets. Probate attorney and fi duciary fees cannot be charged until the conclusion of the probate matter, and are in most instances paid from the estate assets.

For more please click here.
Probate Court in Ohio: Can You Do It on Your Own?
A General Overview of Probate Court in Ohio

12. How long does probate last?

Probate usually takes at least six months to a year; this gives creditors time to come forward and also simplifi es taxes.

For more please click here.
Probate Court in Ohio: Can You Do It on Your Own?

13. Can a will in probate be contested?

Wills in probate can be contested if there is reason to believe the person was not of sound mind when the will was made or was under undue infl uence by another.

For more please click here.
3 Essential Things to Understand Before You Contest a Will in Ohio

14. What happens when there’s not a will?
Where there is no will it is called an Intestate probate and any next of kin may apply to be administrator, or they may choose to ask an attorney to serve. Benefi ciaries are those found using the Ohio Statute of Descent and Distribution: surviving spouse, then children, then grandchildren, then siblings, then parents.

For more please click here.
7 Things You Need to Know Before You Setup a Simple Will
What Happens When a Family Member Passes Away Without a Will?