Jarvis Law Office

Putting Your Affairs in Order in Ohio

No one wants to think about what happens after they die. Unfortunately, it’s a fact of life – and a lack of preparation and planning for that eventuality could cause serious problems for family members and executors. Putting your affairs in order before you pass away can help your loved ones navigate a difficult process, especially at a time when they are dealing with grief and other issues.

Creating a list of practical items that need to be addressed after your death, how they should be addressed, and who should address them is an important step when creating your estate plan. These practical items and issues are not necessarily covered in a basic estate plan, so it’s a good idea to consult with an elder law attorney to determine what should be covered in your specific situation. Below is a list of things you should consider when putting your affairs in order:

1. Determine what type of funeral or memorial service you would like. This can ease the burden of family members by having plans already drawn up, and give them peace of mind by knowing that your wishes are being carried out.
2. Create a list of your assets and property, and update the list regularly. Make sure to divide assets and property by ownership (solely or jointly-owned), and to have the list available to your executor after you’ve passed away.
3. Let someone know where your paperwork is before it’s needed. There are many situations where family members cannot find Wills, life insurance policies, safe deposit box keys, stock and bond certificates, or other vital information. This makes it extremely difficult to carry out executor duties once you’ve passed away.
4. Create a list of accounts and passwords for your digital assets. This will allow your loved ones to access any digital information they need after your passing and transition any social media accounts into memorial pages, if they so desire.

These are just some of the concerns you should address when putting your affairs in order. An elder law attorney can work with you to determine the best way to implement a plan like this, depending on your individual preferences and family situation.

For more information on how to put your affairs in order and make things easier for your loved ones after you pass away, please contact one of our offices to schedule an appointment:

Lancaster: (740) 653-3450

Dublin: (614) 495-4185

St. Clairsville: (740) 699-2193

Taking Family Medical Leave in Ohio to Care for a Sick Parent

Caring for a sick parent can be cause for extreme stress by itself.  Add in family issues and work concerns, and the situation can become unbearable. However, there are options available to help ease the burden for caretakers during these tough times. One of these options is the federal Family and Medical Leave Act (FMLA).

Ohio residents are covered by the FMLA, which allows employees to take leave under certain circumstances such as caring for a sick, elderly parent. FMLA leave lasts for 12 weeks, and at the end of that time, the employee can return to their previous position. While the leave is unpaid, it at least allows the opportunity to take time off from a job to become a caretaker.

However, there are certain conditions that must be met if one is to take advantage of FMLA leave time in Ohio. For instance, a person seeking to take leave must have held a position at their company for at least one year, worked 1,250 hours or more during the previous year, and must be employed by a company with at least 50 employees situated within a 75-mile radius. If these conditions are met, a person can take up to 12 weeks of leave during a 12-month period. You should contact an Ohio elder law attorney to determine if you qualify for FMLA.

As stated above, family medical leave in Ohio is unpaid. However, certain benefits are extended to anyone taking advantage of FMLA, including the continuation of health insurance benefits. Employees must still pay for their health insurance while on leave, but it will be for the same cost as if they were currently working in their position. In addition, any paid time off (PTO) a person accrues while working may be used during their FMLA leave, allowing them to collect at least some money while caring for an elderly parent or family member. Upon their return to work, the employee must be reinstated to their previous position or be given an equivalent position – however, there are certain exceptions to this rule. Please consult with an Ohio elder law attorney to discuss these exceptions and to determine if taking FMLA family leave is a viable solution for taking care of your elderly family member.

For more information about family medical leave and how to make the best choice for your elderly parent, please contact one of our offices to schedule an appointment:

Lancaster: (740) 653-3450

Dublin: (614) 495-4185

St. Clairsville: (740) 699-2193

Estate Planning for Blended Families in Ohio

Remarrying later in life can bring many joys, but it can also come with its share of issues and challenges. In a blended family situation, many people want to leave legacies for their children and grandchildren, but may also want their new spouse and perhaps even their spouse’s family to be taken care of. It’s a delicate topic that can lead to resentment, even for the most understanding families, so great care should be taken when planning for a blended family.

Take this example: a man and woman, both with their own children and grandchildren, decide to marry late in life and do not create an estate plan. According to the laws of intestacy, when the husband dies, his solely-owned assets and property will pass to his wife. When the wife dies, her assets and property – which includes her inheritance from her husband – will pass to her children and grandchildren. This means the husband’s family is not legally entitled to an inheritance from their father. This is a disturbingly common situation, and can lead to a lot of strife and animosity within the blended family.

In order to avoid a situation like the one described above, it’s important to work with an Ohio elder law attorney to create an estate plan that addresses the specific needs of the spouses and their families. Planning early can ensure that legacies are left for each family member, per the planner’s discretion, and can avoid potentially toxic relationships in the blended family after one or both spouses have passed away.

Spouses in blended families can start planning right away. They can decide which family members they would like to provide for, and can start making lists of specific property and assets they want to pass to their family members. In addition, the spouses can either write letters to family members that are to be read after death explaining their decisions concerning their estate plan, or can explain their decisions as they’re made.

For more information about estate planning for blended families and how to make sure you leave a legacy for your loved ones, please contact one of our offices to schedule an appointment:

Lancaster: (740) 653-3450

Dublin: (614) 495-4185

St. Clairsville: (740) 699-2193