Tracy L. Troyer @tracytroyer6303 - Tumblr Blog

New Blog!

We have a new blog! Our firm has a new website and with it, a new blog. You can check it out here.

The new blog has many of the same features and content as this one but has an entirely new display and layout. The new layout is easier to quickly scan and find an article of interest. There is also a search bar if you are looking for something specific. Or there are categories listed at the top if…

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Case Study: Beneficiary Designations, Divorce, and Probate - Which Applies?

Case Study: Beneficiary Designations, Divorce, and Probate – Which Applies?

Richard Hibbard purchased an annuity from Allianz Life Insurance Company that named his wife, Jeanne, as primary beneficiary. The Hibbards later divorced but Richard never changed the beneficiary designation. At Richard’s death, Allianz paid Jeanne $97,000 as the beneficiary of the account.

Richard’s estate sued Jeanne and Allianz, contending that the Florida statute section 732.703 automatically…

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Nursing Homes Abandoned Elderly in Fire

Last year, deadly wildfires ravaged northern California. The firestorm left dozens dead and thousands misplaced. In the midst of this disaster, staff members at two nursing homes in Santa Rosa, the city affected most by the firestorm, abandoned their residents, many of whom could not walk and suffer from memory problems. The California Department of Social Services has filed a legal complaint…

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Guardians and Attorneys-in-Fact Cannot Dissolve Marriage

A recent Court case clarified an area of law which was previously unclear: whether or not a guardian or attorney-in-fact can file a dissolution of marriage. When Jerry and Susan married, they signed a Pre-Marital Agreement. Jerry later changed his estate plan to leave Susan a larger share than the Pre-Marital Agreement provided. Jerry’s health declined and his children were given guardianship…

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Changes to Indiana Law Impact Health Care Decisions

Recent changes to Indiana law impact those who are unable to make their own health care decisions. Under the newly enacted Indiana code section, the following are prohibited from making health care decisions:

A spouse who is legally separated or with whom the individual has a pending divorce action

A person who may not contact the individual because of a protective order

An alleged perpetrator…

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Case Study: Probate Code Does Not Apply to Pre-Mortem Agreements

In 2008, Gary Kent executed a Last Will and Testamentthat left the majority of his estate to his daughter, Cindy Kerr, and one of his sons, David Kent. On December 16, 2015, at the request of their terminally ill father, Cindy and David signed an agreement to formalize how their inheritance would be divided. Gary signed the Agreement to indicate that it conformed to his wishes. David attempted to…

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Senate Approves $425 Million Increase for Alzheimer's Research

Senate Approves $425 Million Increase for Alzheimer’s Research

Recently, the U.S. Senate voted to approve a $425 million increase for federal Alzheimer’s and dementia research funding at the National Institutes of Health (NIH) for the 2019 fiscal year. The U.S. House of Representatives is expected to vote on this budget increase soon. If signed into law, this would mark the fourth consecutive year that the U.S. Congress has approved an increasein funding…

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Walk to End Alzheimer's 2018

Walk to End Alzheimer’s 2018

Alzheimer’s is a progressive disease that destroys memory and other important mental functions. It is the only cause of death in the top 10 in the United States that cannot be prevented, cured, or even slowed. Currently, more than 5 million Americans have Alzheimer’s and that number is expected to grow to as many as 16 million by 2050.

What can be done about Alzheimer’s? The Alzheimer’s…

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Reducing Taxes with Charitable IRA Distributions

Retirees who want to reduce their income tax liability can do so by using some or all of their Required Minimum Distributions to benefit their favorite charities.

What is a Required Minimum Distribution?

A Required Minimum Distribution (RMD) is the minimum amount that you must withdraw annually from your retirement account. Generally, you must start taking withdrawals from your qualified…

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Options to Consider When Planning for Long-Term Care Expenses The need for long-term care is shared by as many as 12 million Americans today. Many of these seniors find it difficult to finance the…

Like Prince, Aretha Franklin Died Without a Will

Aretha Franklin, Queen of Soul, died August 16 at the age of 76 – without a Will. Her four sons and niece have already filed papers in Court, which means there will be public proceedings over her estate and possibly court battles, depending on who claims what. Aretha is not the first celebrity to die without a Will. Prince also died without a Will, as did Amy Winehouse. Since they died without a…

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2018 Annual Guardianship Forum

Easterseals Arc

Join us for the 10th Annual Guardianship Forum! This year’s forum will be hosted by Volunteer Lawyer Program (VLP) of Northeast Indiana and Easterseals ARC. Parents and caregivers are invited to learn more about the complex facets of guardianship related to special needs. The forum will also help attendees discover local resources for assistance. The panel will include Magistrate…

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Summer Tips for Those With Dementia

Summer is perfect for outdoor cookouts, picnics, parties, and more fun. Many families love spending time outdoors together, enjoying good food and warm weather. However, the outdoor fun can be challenging for those living with Alzheimer’s and dementia. In America, there are 5.7 million people living with Alzheimer’s and more than 15 million people caring for someone with Alzheimer’s. In Indiana…

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Case Study: Quadriplegic Sues for In-Home Care

Karen Vaughn, a 60-year old Indiana resident, has lived with quadriplegia since 1976. She requires assistance with almost all activities of daily living, including bathing, eating, and brushing her teeth. Between 1981 and 2016, Karen lived in her own apartment while receiving in-home health care through Medicaid. In January 2016, she was hospitalized with pneumonia.

Once she recovered, she tried…

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New Medicare Card

Indiana is in the process of mailing out new Medicare cards. Medicare has posted this information regarding your new card:

Your new card will automatically come to you. You don’t need to do anything as long as your address is up to date. If you need to update your address, visit your My Social Security account. Once you get your new Medicare card, destroy your old Medicare card and start using…

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Case Study: Personal Injury Settlement Can Go Into Special Needs Trust

A (d)(4)(a) Special Needs Trust is a trust created for the benefit of a disabled individual under 65. The trust must be funded with the disabled individual’s assets. It enables the trust beneficiary to continue receiving public assistance benefits without regard to the trust property. This is because (1) the beneficiary has no control over the money in the trust and (2) the trust includes a…

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New Indiana Law: Giving Estate Notice to Medicaid

Beginning July 1, there is a new requirement for all estates where the decedent was at least 55 years old at the time of death: you must send Notice of Administration to Medicaid. In a probate estate, Notice of Administration must be sent to all known or reasonably ascertainable creditors. IC 29-1-7-7(d) has been amended to state that the Notice of Administration must be sent to the Indiana…

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