Month: July 2017

Perry Law Office has been named one of the best Estate Planning Lawyers in Fort Wayne by threebestrated.com!

We would like to congratulate our Attorneys and Staff for helping Perry Law Office, P.C. as being named one of the best Estate Planning Lawyers in Fort Wayne by ThreeBestRated.com. Check us out!

We, at Perry Law Office strive to provide the best services and at affordable prices. If you need a Will, Power of Attorney, Health Care Power of Attorney, or Living Will please reach out to us today and let an experienced lawyer at Perry Law Office help you determine what the best estate plan is for you. At Perry Law Office, we understand the importance of customizing your estate plan for your needs. To learn more information please go to our website or call us today 260-483-3110!

 

Thank you

Perry Law Office, P.C.
www.perryoffice.net
260-483-3110

Power of Attorney is an essential estate planning tool!

A durable power of attorney is an essential estate planning tool. A durable power of attorney can be utilized for Financial and/or Appointment of a Health Care Representative. A Financial Power of Attorney and a Heath Care Power of Attorney should be part of your estate plan whether you are an individual or a couple.

Why create a power of attorney? Because, if you become disabled and unable to handle your affairs this document can be invaluable. If, you are in an accident and are unable to make decisions or handle your financial affairs or your health care needs, the person designated as your power of attorney can do that for you. A person must be competent in order to create a power of attorney. If you are in an accident or have an illness that renders you  not competent to handle your Affairs you are probably not competent to create a power of attorney at that time. Creating a power of attorney and naming a person as your power of attorney does not mean that person must act for you, it allows them to if the need arises. You can still conduct your own Affairs and handle all of your financial and health care needs while you are competent and able to do so.

What makes a power of attorney such a wonderful estate planning tool is that if it is needed it can be used instead of the need for a guardianship. A guardianship is a procedure where a relative, friend, or other interested  person files a petition  in  the court requesting the court to appoint them guardian of your person and/or estate in order to make decisions for you financially or for your health care. There will generally be a hearing in front of the judge. Guardianship proceedings  can be somewhat costly and will take some time to accomplish. Having a power of attorney in place in case it might be needed is something we recommend for all of our clients.

Financial Durable Power of Attorney and Durable Power of Attorney Appointing a Health Care Representative are very important but sometimes are never used, however if needed they can make it a lot easier and substantially less burdensome for the person who is now tasked with making all your financial and medical decisions. The need for a power of attorney is not usually known until it is too late. To prevent unnecessary hard-ache and additional costs and time, invest in a power of attorney now, making that one less thing that a loved one must deal with at a later time.

We, at Perry Law Office, P.C., feel this is an essential part of any estate plan and will strongly suggest you create both a Financial Durable Power of Attorney and Durable Power of Attorney Appointing a Health Care Representative along with your Will. These estate planning documents working well together and help to fully ensure that your wishes are carried out as you intended. In general Power of Attorneys end at death and a Will does not become effective until death.

Call Perry Law Office to talk to an experienced Estate Planning Attorney for a free telephone consultation to see if a power of attorney is something that is right for you.

Thank you

Perry Law Office, P.C.
260-483-3110
www.perryoffice.net

What happens to my claim if the person that owes me money dies?

If someone owes you money (a debtor), does your claim die with that person? The short answer is NO, however you have a limited time to act and preserve your right. This does not mean you are going to get paid as this will depend on the decedent’s assets but it allows you the option of getting paid.

Indiana Law provides creditors with a very short window of opportunity to present a claim against a deceased debtor. Indiana code  29-1-14-1 provides that all claims against a deceased person are barred if not filed within nine (9) months after the date death. This means that you must file a claim in the debtor’s estate within nine (9) months of the date of  their death. It does not matter if you were not notified. It does not matter if an estate was not opened for the debtor. If an estate was not opened for the debtor you would need to take action to have an estate opened in order to file your claim. Obviously doing this might not be economically feasible unless your claim is substantial and you believe or know that the debtor might have assets sufficient to cover the amount of your claim. You would have to pay any filing fees or other associated costs, if any. By doing this you are hoping the debtor has sufficient money to pay all expenses ahead of yours (administrative expenses, other creditors who may be head of you, ie, mortgage company). This may not be known until you open the estate and file your claim.

If an estate has been opened and you find out about the estate within the nine (9) month period you can file a claim for the money the deceased owed you. However, there could be another roadblock. Normally when an attorney opens an estate for a decedent they publish notice of the opening of the estate in a local newspaper and notify by letter the known creditors of the decedent. You only have three (3) months from the date of first publication in the newspaper of the notice to file a claim. This could be less than  nine (9) months from the date of death.

If a person that owes you money dies, your best chance of recovery is to immediately contact an attorney knowledgeable in filing claims in estates.

 

Thank you

Perry Law Office, P.C.
260-483-3110
www.perryoffice.net

 

Your Responsibility to Report Financial Changes AFTER Being Found Disabled

 It was a long time coming, but the Social Security Administration (SSA) has finally found you are disabled and you are now receiving Disability Insurance Benefits and/or Supplemental Security Income(SSI). This could be as a result of being found disabled upon your initial application or if after you attending a social security hearing in front of an Social Security Administrative Law Judge (ALJ). Whether you represented your self or were represented by an attorney, the responsibility to notify SSA of any changes is solely your responsibility. 

You need to be aware of the requirement to report certain changes in your circumstances to SSA. One such change, but a big one, is getting a paying job. Whether working affects your disability benefits will depend on your specific case. It is important that if you do get a paying job you notify Social Security Administration immediately. Another event where you need to update SSA is if you are receiving SSI, and you receive non-work based income. This could include, but is not limited to, someone giving you money or someone providing you a place to live for free. Especially with SSI, both situations have the potential of impacting how much you receive in benefits for a month.

Prompt reporting can go a long way towards heading off SSA from saying you have been paid too much and asking for repayment of benefits received. You are required to report changes to SSA no more than 10 days after the end of the month in which the changes take place. To report changes you may visit your local SSA office in person, go on line at www.socialsecurity.gov, or call 1 – 800 – 772 – 1213.

If you have applied for Social Security Benefits, whether Disability Insurance Benefits and/or Supplemental Security Income and have been denied please contact Perry Law Office, P.C. as we may be able to help you. Just because you are working part-time does not mean you are not disabled.

 

Thank you

Perry Law Office, P.C.
260-483-3110
www.perryoffice.net