Elder Law Lawyers - Fort Mitchell

08/28/2026

People sometimes hesitate to have their estate plan reviewed because they're worried they'll discover a long list of things that need to be changed.

But sometimes a review ends with:

“You're in good shape.”

And that's valuable too.

You don't need to wait until you know something is wrong before asking an attorney to take a look.

Maybe your plan needs an update.

Maybe there's an opportunity you didn't know about.

Or maybe you simply leave knowing you've done everything you need to do.

Peace of mind is a pretty good outcome for an appointment.

If it's been a while since someone reviewed your plan, give us a call and let's make sure it still fits your life today.

08/27/2026

Creating a trust is one step.
Funding it is another.

Funding a trust generally means properly transferring or connecting appropriate assets to the trust so it can operate as intended.

Depending on the plan, that might involve real estate, certain financial accounts, or other property.

A beautifully drafted trust that was never properly funded may not accomplish everything its owner expected it to.

Think of it like buying a safe but forgetting to put anything inside. 😅

If you already have a trust, one good question to ask your attorney is:
“Is my trust properly funded?”

08/26/2026

Beneficiary designations are a crucial, but often overlooked, part of estate planning. These designations dictate who receives payouts from key financial accounts and can even override what is written in a will. Swipe to learn more.

Ensuring your beneficiary designations are aligned with your estate plan can help. If you need help reviewing or updating your beneficiary designations, contact our office.

08/25/2026

Your oldest child does not automatically have to be the person you choose.

When selecting someone to act under a Power of Attorney, consider qualities such as:
✔ Reliability
✔ Good judgment
✔ Organization
✔ Willingness to serve
✔ Ability to handle difficult decisions

The person who loves you the most and the person best suited for the responsibility may be the same person — but they don't have to be.

Choosing thoughtfully now can make things much easier for everyone later.

And yes, you're allowed to talk with your attorney about the family dynamics involved. That's part of creating a plan that works in real life.

08/24/2026

Here's an elder law term families may encounter but rarely hear explained before they need it:

Estate Recovery.

Under federal law, states are required in certain circumstances to seek repayment from the estates of some Medicaid recipients for benefits paid, including certain long-term care expenses.

That does not mean every Medicaid recipient's situation is the same.

There are important rules, exceptions, protections, and planning considerations involved.

This is exactly why Medicaid planning can be so valuable: understanding the rules before making major decisions gives families the opportunity to ask better questions and understand their options.

If Medicaid or long-term care may be part of your family's future, this is a conversation worth having early.

08/23/2026

Here's an estate planning question that's a little more fun — but still important.

What happens to your pets if you're no longer able to care for them?

Planning can include instructions for:
🐾 Who you would like to care for them
🐾 Funds for their ongoing care
🐾 Veterinary needs
🐾 Other wishes you have for them

For many of us, pets aren't property in our minds. They're family.

So yes — when you're talking with your attorney about the people you want to protect, it's perfectly reasonable to ask about the four-legged family members too.

Who would you trust with yours? 🐶🐱

08/21/2026

If someone you love has a disability, leaving them an inheritance can require additional planning.

A Special Needs Trust can be designed to hold assets for a person with a disability while helping preserve eligibility for certain needs-based government benefits when properly structured and administered.

Funds may then be available to enhance the beneficiary's quality of life beyond what public benefits provide.

The goal isn't simply leaving something behind.

It's creating a plan that continues caring for someone you love in a thoughtful way.

Because every family's plan should reflect the people it was created to protect. 💙

08/21/2026

We’re proud to share a recent article written by our own Matthew Smith for the Special Needs Alliance! 💙

“AI as a Support Tool: Practical Help for Caregivers, Families, and People with Disabilities” explores how AI can be used thoughtfully to make everyday challenges a little easier — from simplifying complicated information and organizing tasks to helping caregivers prepare for important conversations.

Technology can be a valuable tool, but the human element still matters. Matt also shares important reminders about protecting privacy, verifying information, and knowing when professional guidance is needed.

If you’re a caregiver, family member, self-advocate, or simply curious about practical ways AI can help lighten the load, this is a great read.

👇 Read Matt’s full article below!

https://www.specialneedsalliance.org/the-voice/ai-as-a-support-tool-practical-help-for-caregivers-families-and-people-with-disabilities/?fbclid=IwY2xjawT1VQVwZG9mAWV4dG4DYWVtAjEwAGJyaWQRMU9GdklFdnh4UzFXUGVLN01zcnRjBmFwcF9pZBAyMjIwMzkxNzg4MjAwODkyAAEe_TpFyIQxYJdAAvXYPXw78xzzI3HQvFWUbsvvXjUypiMP9E2TJgvA9PYI8-0_aem_6PD2FV6q8xl8fr8zAjKq-Q

This article was written by Matthew Smith of Elder Law Lawyers McClelland & Associates, PLLC in Lexington, KY. Serving Lexington and northern Kentucky, the firm specializes in special needs trusts and administration, estate planning, adult guardianship, and STABLE/ABLE accounts. Most of the conversa...

08/20/2026

✅ Answer: B — Generally, the named beneficiary.

This is an important estate planning concept.

Assets with valid beneficiary or payable-on-death designations generally pass directly to the person named on the account rather than being distributed according to your will.

That's why reviewing your w ill alone isn't enough.

Retirement accounts, life insurance policies, bank accounts, and other beneficiary-designated assets should be reviewed as part of your overall estate plan.

Your documents and your accounts should be telling the same story.

Were you surprised by the answer?

08/19/2026

A safe deposit box can seem like the perfect place for important documents.

But there’s an important question people sometimes overlook:

Who can access it if you can’t?

If the only copy of an important document is somewhere your family cannot easily access, it could create an unnecessary hurdle at exactly the wrong time.

As part of your planning, think about both security AND accessibility.

Make sure someone you trust knows where important documents are stored and understands how they can be accessed if needed.

Sometimes good planning comes down to very practical details.