Page 25 - Senior Times South Central Michigan - September 2018 -25-09
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Ask The
Senior Times - September 2018
Page 25
Helping Seniors Preserve Their Lives
Asset Protection Planning for Persons in a Nursing Home or Entering a Nursing Home Powers of Attorney • Wills • Trusts • Probate
Don't Lose Everything You Have To the Nursing Home
I can help you save up to 100% of your assets.
Michael B. Walling, J.D., LL.M.
Let me help you properly draft and fund a trust before you or your spouse enter a nursing home; it could save you over $50,000!
Elder Law Attorney
Author of "Ask the Attorney"
Call for a free
initial consultation*.
*Except Asset Protection Planning
(269) 324-7344
Offices in Portage & Battle Creek
Helping Seniors preserve their lives for more than a decade.
Michael Walling, Special to Senior Times CONTESTING A WILL
QUESTION: We have one child who we don’t want to leave anything to when we die. Our other children have been there for us and have helped us through the years. Can our “bad” daughter contest our Will?
ANSWER: Yes, your “bad” daugh- ter can contest your Will. However, that does not mean that she will win. First of all, you and your spouse need to have your own separate Will. Secondly, it is quite expensive to contest a Will. Third, you have to have legal grounds to contest a Will.
When I say, “legal grounds” I mean that her objections must be based on law. Someone can’t just contest a Will because they want to. They must be able to prove either that you were not of sound mind (this has been recently changed to “sufficient mental capaci- ty” but for purposes of this article, the meaning is the same); or that the Will was not written or executed properly; or that someone else signed your name fraudulently; or that someone forced you to leave them something. All of these things can be very hard to prove.
I would advise anyone to see an attorney to prepare a Will for them. Better yet, have the attorney look at doing a trust for you.
The attorney knows the legal requirements. They also know what language to put in the Will to prevent issues and even prevent someone from contesting your Will. After all, you
spent your entire life accumulating your assets, why try to save a few bucks by using some do-it-yourself Will form. The few bucks you saved could cost your children thousands in attorney fees and court costs and they may not end up with the distribution you wanted.
Have an attorney review your Will. Make sure to tell the attorney that you may have a child who is going to con- test the Will. Better yet, have the attor- ney look at doing a trust for you. Trusts are much harder to contest than a Will. It may cost you a little more up front, but it may save you thousands in the end.
Michael B. Walling is an Elder Law attorney with a Master of Laws degree. He manages The Elder Law Center and the law firm of Michael B. Walling, PLC. Mr. Walling is also a part-
time Professor at Western Michigan University. Please send any questions you would like addressed to: The
Elder Law Center, 4625 Beckley Road, Building 400, Suite 4003, Battle Creek, Michigan, 49015. You may also call (269) 968-1101 to set up a free initial consultation. This column is intended for general information purposes only and should not be considered as legal advice to any particular person.
Battle Creek Symphony Presents
From Russia
to Ravel Christopher O’Riley, piano
October 6, 2018 | 7:30pm | W. K. Kellogg Auditorium
Enjoy the sweeping romance of Tchaikovsky’s Symphony No. 5 and jazzy sounds of the Parisian golden age with Ravel’s Piano Concerto in G Major.
Get Your Tickets Now!
Phone: 269.963.1911 ext. 2586
Online: At the Door: W. K. Auditorium
Box Office: Davidson Building on the campus of Kellogg Community College
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