You may have come across websites that offer to provide visitors with generic legal documents.  Sometimes for free.  They want you to believe that the law is something that you can take into your own hands when it comes to planning your estate; that all you have to do is fill in the empty fields and everything is settled.
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Parman & Easterday are members of the American Academy of Estate Planning Attorneys.

The way you view estate planning can vary considerably depending on your personal situation. There are variables and complexities to take into account, such as divorce and remarriage with children from each marriage.
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Parman & Easterday are members of the American Academy of Estate Planning Attorneys.

In many instances grandparents are fulfilling a dual role in the lives of their grandchildren, one as parents as well as the traditional role as grandparents. There are many reasons for this dual role as American society has evolved over the last several decades. No matter what the reason, grandparents who are raising grandchildren need to be aware of the legal issues involved concerning their responsibilities and the rights of the parents.

Legal Custody

Grandparents can become caregivers to grandchildren for a variety of reasons. If a grandchild has been removed from his or her parent’s home by authorities, the local child welfare service will look to family members, including grandparents, for temporary or foster placement of the child. Often, grandchildren are simply left with grandparents because the adult children are not capable of caring for them or abandon them.

Grandparents can seek to have legal custody of grandchildren through the courts. With legal custody grandparents then have the legal right to make healthcare, educational and general welfare decisions concerning the child; grandparents can then decide, for example, where the grandchildren will live and attend school. However, parents can continue to step in and make other decisions about the child, especially major healthcare decisions.

Guardianship

Legal guardianship is another category of custody which conveys a higher level of control over the child’s life. Guardianship allows the guardian to control all aspects of the child’s welfare; the parents no longer have any say in decisions concerning the child.

When seeking to become the legal guardian of a grandchild, grandparents must prove to the court that the parents are incapable of properly caring for the child. This step may be emotionally difficult as parents (the grandparents) must seek to prove that their own child is an unfit parent. However difficult this step may be, legal guardianship may be the best option for the long-term welfare of a grandchild.

While it may be convenient to simply care for a grandchild without regard to legal issues, it’s best to consult with a qualified attorney about obtaining legal custody or legal guardianship.

Larry Parman
Attorney at Law

Parman & Easterday are members of the American Academy of Estate Planning Attorneys.

Due to a variety of circumstances modern grandparents are increasingly called upon to raise their grandchildren when their own children cannot. Oftentimes a major factor in this custodial care is the fact that grown children are incapable of supporting these grandchildren. Grandchildren placed in the care of grandparents may be eligible for Medicaid benefits even though the custodial grandparents do not qualify for these benefits.

Medicaid Eligibility

Medicaid is a social program funded by a partnership between the federal and state governments that assists qualified individuals with healthcare costs. Eligibility for Medicaid is dependent upon income, and low income individuals or those with limited assets may qualify if they meet these guidelines.

However, Medicaid eligibility requirements are complex because each state manages its own Medicaid program and establishes its own eligibility guidelines.

Applying for Medicaid for Grandchildren

A person who is caring for a child under the age of 18 can apply for Medicaid benefits on the child’s behalf. This individual is not required to be the legal guardian of the child, which is frequently the case with custodial grandparents.

The application process begins with a visit to the local Medicaid office, which is different from the local Medicaid branch office. The Medicaid office is the source of forms and booklets. The staff at the Medicaid office will provide the necessary forms and booklets for applying for a child’s Medicaid benefits when both parents are absent or unable to apply for benefits themselves.

The Medicaid application requires a letter that states your support for the child and your relationship with the child. Also be prepared to provide birth certificates and any other documents required. These requirements vary from state to state.

Applying for Medicaid for grandchildren may be a slow and frustrating process for grandparents. Consider consulting with a local attorney versed in Medicaid eligibility in Kansas, Missouri or Oklahoma.

Larry Parman
Attorney at Law

Parman & Easterday are members of the American Academy of Estate Planning Attorneys.

If you have a blended family – multiple marriages, children from each, an estate plan is an absolute necessity. In a situation where there are children from a prior marriage, it is very important that there be some type of estate plan so that the parents’ wishes are in writing, and all of the children involved are protected.

In this type of situation one of the ways that you can ensure that everyone involved is protected and that your wishes are known is through a trust. And one of the main problems people come across when setting up a trust for a blended family is who will be the trustee.

There are a number of different ways to handle this. You could name one child from the mother’s side and one child from the father’s side. These two children would act as co-trustees of the trust estate. If there is one child that is responsible, one that you can trust to be fair with everyone, you could name that child as the trustee. Another option would be to name another relative or friend as trustee.

If there does not seem to be a way to name someone as trustee and feel comfortable that all of the children will be treated fairly, you can always name a bank or trust company to administer the trust. Regardless, you may also want to consider naming a bank or trust company as a secondary choice. This way if your first choice does not work, you do have this backup.

When it concerns blended families, it is best to seek the advice of an experienced estate attorney. Your estate plan is very important if you have a blended family, and it will also be extremely complex. Blended families seem to have far more disputes when it comes to their parents’ estate and will than other types of families. It is very common for one side to feel that they are being treated unfairly or being cheated out of their share. To avoid this you need to ensure that you have a solid estate plan in place that will protect all of your loved ones.

Larry Parman
Attorney at Law

Parman & Easterday are members of the American Academy of Estate Planning Attorneys.

With half of all marriages ending in divorce, second marriages and blended families are very common. If you have a blended family, it is imperative to take special care with your estate plan.

Name a Guardian

If you have minor children in your household, you should always name a guardian in case you and your spouse pass away. In the case of blended families, which often have step-children and half-siblings, choosing a guardian may be more complicated.

Depending upon your family dynamic and who each child is close to, you may wish to name different guardians. You must also take into account what would happen if you pass away and your spouse does not. Would your biological children return to their other parent or remain with your spouse and the half or step siblings? Also check with your children if you do plan to split them up; they may prefer to live near each other in order to maintain contact.

Update Your Beneficiaries

Upon a divorce, you should always remove your ex-spouse from any financial accounts and from life insurance policies, annuities, or retirement accounts where he or she is beneficiary and from joint ownership of any property that you retain. Often he or she will lose inheritance rights upon divorce, but it is best avoid confusion by naming a new beneficiary.

Safeguard Your Children’s Inheritances

In a first marriage, it is common for the couple to leave everything to the other spouse. The problem with this in a second marriage is that if you pass away first, your spouse could choose to leave everything to his or her heirs – for example, a new spouse – thus disinheriting your children. You should protect your children’s legacies. One way to do this is with a trust in each child’s name. To find the best way to safe-keep your children’s inheritance, speak with your attorney.

Maintain Your Plan

It is essential to maintain your estate plan. If you have a Will, any property not included may be given to heirs at law. In this case, the chosen inheritor may not be who you would have picked. To make sure you have a full say in who inherits your property, keep your plan up to date and check with your attorney every two or three years to make sure there are no new estate laws that may affect your arrangements.

Larry Parman
Attorney at Law

Parman & Easterday are members of the American Academy of Estate Planning Attorneys.