Berger Estate & Elder Law, P.A.

Berger Estate & Elder Law, P.A. At Berger Estate and Elder Law P.A., we deliver top-quality legal counsel in a supportive, compassionate environment where clients are treated like family.

Jim Berger opened the doors to the Berger Law Firm, P.A. in 1987 with a desire to "Make the complex understandable." He soon gained the reputation as an advocate for the elderly. Today, twenty-eight years later, Berger Estate & Elder Law P.A. continues to serve families and individuals providing trusted counsel with proactive solutions. As reflected in our logo, the Berger Estate & Elder Law, P.A.

is a pillar of knowledge and support in a complex world. As a pillar supports a building, the attorneys and staff of Berger Estate & Elder Law, P.A. can be relied on to impart knowledge and expertise in a way that provides you, our client, with support and comfort, whether it is helping you plan your legacy or get through a difficult time. Lean on us, and we will provide you with trusted counsel, sensible solutions and peace of mind. We look forward to serving you!

Desiree our Administrator had a great time attending the morning mingling networking event this morning and met so many ...
06/04/2026

Desiree our Administrator had a great time attending the morning mingling networking event this morning and met so many amazing professionals! We are thankful for the opportunity to connect, collaborate, and work alongside others who are passionate about making a difference. Thank you to those who took the time to visit with her this morning!
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More Buyers, Older Adults Seeking Multigenerational HomesA recent study by Veterans United Home Loans reveals a growing ...
05/27/2026

More Buyers, Older Adults Seeking Multigenerational Homes

A recent study by Veterans United Home Loans reveals a growing trend among homebuyers in the United States. More people are seeking multigenerational homes, which are properties designed or adapted to accommodate multiple generations under one roof. This shift reflects changing family dynamics, economic pressures, and a renewed appreciation for familial support networks.

More than a quarter (28 percent) of the 900 prospective homebuyers surveyed expressed interest in homes that could support multiple generations. Affordability was a notable factor, with 28 percent of those surveyed saying extended family members can help with household costs.

Beyond the financial component of multigenerational living is a personal aspect. About 29 percent of survey respondents said they’re planning to share their home with aging parents to provide care and support for them. Another 32 percent reported having adult children who can’t yet afford to live on their own.

According to the most recent National Association of Realtors’ Profile of Home Buyers and Sellers, about one in five homebuyers (17 percent) chose multigenerational homes in 2024 so they can care for aging relatives, accommodate adult children, or reduce costs.

U.S. Census Bureau data reflect these shifts as well. Data show that there were 6 million multigenerational households in 2020, an increase from 5.1 million 10 years prior. As of 2021, multigenerational households across the country accounted for nearly 60 million people, a number that has quadrupled since the 1970s, per the Pew Research Center.

For older adults considering joining or forming a multigenerational household, this trend offers both promising opportunities and important challenges to consider.

Why Multigenerational Living Is Becoming Popular
Several factors are fueling the resurgence of multigenerational living:
Affordability. With home prices and interest rates still high in many regions, combining financial resources can make homeownership more feasible for families.
Caregiving Needs. As older adults age and people live longer, more families are taking care of older relatives at home rather than relying on long-term care facilities.
Cultural Preferences. In some cultures, multigenerational living is the norm and seen as a way to strengthen family bonds and ensure mutual support. At the same time, young children may benefit from a stronger connection to their extended family members.
Support for Young Adults. Rising student debt and housing costs have made it harder for younger generations to live independently, prompting many (sometimes referred to as “boomerang kids”) to remain with, or return to, their parents.

Which Buyers Are Opting for Multigenerational Homes?
The Veterans United Home Loans survey results show that certain generations of buyers are more likely to have plans for purchasing a multigenerational home. Generation Xers are the most likely, at 36 percent. Twenty-eight percent of millennials say they are planning to buy a multigenerational home.

Meanwhile, another research report reveals that multigenerational home purchases also vary by race and ethnicity. In 2024, more than a quarter (26 percent) of those of Asian/Pacific Islander decent purchased a multigenerational home, compared with only 13 percent of White/Caucasian families.

Benefits for Older Adults of Multigenerational Living
The benefits associated with multigenerational living include the following:
Emotional Support and Companionship. Sharing a home with adult children and grandchildren can reduce loneliness and foster a greater sense of purpose and connection.
Shared Expenses. By sharing expenses, such as utilities, property taxes, groceries, and other household costs, the whole household can save money.
Safety and Caregiving. Younger family members can more easily monitor older adults’ health and provide immediate assistance, potentially preventing medical emergencies or hospitalizations. Families often rely on grandparents for child care and, in turn, adult children provide elder care for aging parents, creating a mutually beneficial arrangement.
Increased Quality Time. Grandparents often enjoy closer relationships with grandchildren and can participate more actively in family life when they live in a multigenerational household.
Decreased Mortality. Some studies have suggested that healthy people living in multigenerational households may also live longer.

Potential Challenges of Multigenerational Living
Though there are many benefits of multigenerational living, there are also potential challenges to consider, such as:
Loss of Privacy and Independence. Sharing space can sometimes mean compromising on autonomy. Older adults may feel a lack of control over their routine or living environment.
Home Design Limitations. Not all homes are suited for multigenerational needs, and modifications like accessible bathrooms, ramps, or private entrances can be costly.
Family Tension and Role Conflicts. Generational differences in parenting, handling finances, or household responsibilities can cause stress and misunderstandings.
Caregiver burnout. Though having family nearby can ease caregiving, it may also increase pressure on one or more household members, leading to physical and emotional fatigue. Consider how aging relatives’ health care needs may increase over time.
Legal and Financial Complications. Without a well-documented plan concerning shared ownership, inheritance expectations, and responsibility for home maintenance, disputes could arise.

Tips for Multigenerational Living
Before packing boxes and renting a moving van, here are some tips to help create a smooth-functioning multigenerational household:
Have Open Conversations. Discuss expectations, roles, and boundaries before moving in together.
Create Private Spaces. Design or modify the home to ensure each generation has its own area to retreat to.
Make Financial and Legal Plans. Consider working with a financial advisor or attorney to clarify ownership, expenses, and long-term plans.
Respect Autonomy. Make sure older adults can maintain as much independence and control over their daily lives as possible.

Planning Ahead Is Key
As the housing market continues to present challenges for many Americans, multigenerational living can offer a practical, emotionally rewarding solution for many families, particularly when approached with foresight and mutual respect. For older adults, it can mean aging in a supportive environment surrounded by loved ones, but only if the arrangement meets their needs as much as it does those of the family as a whole.

Older adults considering a move into a multigenerational home should have open conversations with family about expectations, finances, and boundaries. Do not hesitate to discuss everything from your expectations regarding daily routines and shared responsibilities to the need for privacy and long-term care considerations.

Older adults should also consult with a financial advisor and an elder law attorney to understand how such a move could affect Medicaid eligibility, disability benefits, taxes, and estate planning. An elder law attorney can play a critical role in ensuring that estate planning documents, such as wills, trusts, and powers of attorney, are reviewed and updated to reflect the new living situation and to protect the older adults’ assets and wishes. This proactive approach to communication and professional consultation will significantly increase the likelihood of a successful and harmonious multigenerational living experience.

Contact an elder law attorney near you to learn more about how multigenerational living could affect your long-term care planning and estate planning. They can discuss your unique situation and help you create the best strategy.

Tell us in the comments if you would consider or be open to a multigenerational living arrangement!

At Berger Estate & Elder Law, P.A., our goal is to provide you with the highest quality of legal counsel in an atmospher...
05/22/2026

At Berger Estate & Elder Law, P.A., our goal is to provide you with the highest quality of legal counsel in an atmosphere of compassion and friendship.

Our philosophy:
Estate Planning is the process through which we help you plan for future events. We help you think through making the important decisions about your own life, the lives of your loved ones, and the control of your assets during and after your lifetime. You control your destiny.
Once you have made these important decisions, we outline your planning alternatives in a straightforward and understandable manner. Then, we provide the legal framework and expertise to carry out your plan. We work closely with other planners, insurance agents, stockbrokers and trust officers, who may be involved in your Estate Plan.

Estate Planning Documents and Strategies
When thinking about your unique circumstances, consider how the following can help you:

Wills
If you want to assign parental
responsibilities for minor children or control disposition
of your assets after your lifetime, then a valid Will can
help. However, Wills do not avoid probate, and they can easily become outdated. Why not bring your Will to us for a “check-up”?

Living Trusts
Unlike a Testamentary Trust created by your Will after your lifetime, you create a Living Trust during your lifetime. If you want continuous control of your assets during and after your lifetime, a Living Trust can help. It avoids probate. In addition, Living Trusts can help reduce or eliminate federal estate taxes.

Asset Protection Planning
In today’s litigation-oriented society, many of our successful clients need to protect their assets from lawsuits and creditors. We can help you with the sophisticated legal tools required to build a fortress around your financial assets.

Tax Minimization
With proper planning now, the devastating impact of income, gift and estate taxes can be reduced or eliminated altogether. Many legal documents and strategies are available to you, but they only work if you use them correctly.

Elder Law
As you grow older, protecting your independence and dignity requires special planning. Issues such as Guardianship, Conservatorship, Powers of Attorney and Death with Dignity grow in importance. Your wishes can’t be honored unless you have the right legal tools in place.

Long-Term Care Planning
Long –Term Care expenses are the greatest single threat to the financial well-being of many families. We have the knowledge to help you prevent a financial disaster. If you or a family member do need nursing home care and Medicaid payment assistance, we can counsel you through the complex application process. We have helped many families save thousands of dollars.

VA Pension Planning
A special benefit for war-period Veterans and their spouses can significantly improve their quality of life. This “improved pension” is commonly known as the “Aid and Attendance Pension”.

Probate
Probate is neither a legal document, nor is it a strategy. Probate is a court procedure with complex, formal rules designed to take care of people who cannot take care of their own af-fairs, namely people who are
incapacitated or those who
have died. But probate can
be costly, time consuming
and invade your privacy. You, your loved ones and your assets can avoid probate only through the use of proper legal documents.

BERGER ESTATE & ELDER LAW, P.A.
11233 NALL, SUITE 140
LEAWOOD, KS 66211
Phone: 913-491-6332
Fax: 913-451-9147

Email: [email protected]
Website: www.berger-lawfirm.com

Call for an appointment today!

Can Grandparenting Keep Your Brain Sharp??Caring for Grandkids: A Way to Slow Cognitive Decline? New research suggests t...
05/22/2026

Can Grandparenting Keep Your Brain Sharp??

Caring for Grandkids: A Way to Slow Cognitive Decline? New research suggests that helping care for grandchildren may improve memory and strengthen overall brain function, and you don’t have to babysit every day to benefit. These benefits may be modest, but they may still prove meaningful over time.

If you’ve ever come home from an afternoon with the grandkids feeling both exhausted and somehow energized, science may have an explanation for that second feeling. A new study published in January 2026 in the journal Psychology and Aging suggests that grandparents who care for their grandchildren score higher on tests of memory and verbal skills than those who don’t. For grandmothers especially, that involvement may actually slow the brain’s natural cognitive decline over time.

The findings are good news for the millions of American grandparents who already play a central role in their grandchildren’s lives.

What the Researchers Did
To take a deeper look at how grandparenting affects the brain, lead researcher Flavia Chereches, a Ph.D. candidate at Tilburg University in the Netherlands, and her team examined data from 2,887 grandparents, all over the age of 50 (with an average age of 67), who participated in the English Longitudinal Study of Ageing. Between 2016 and 2022, participants completed cognitive tests (simple tests of memory and thinking skills) and answered survey questions.

The survey asked whether participants had provided care for a grandchild at any point during the past year, how frequently they provided care, and what kinds of care they provided. Types of child care included watching grandchildren overnight, caring for them when they were sick, helping with homework, playing or doing leisure activities with them, driving them to school and activities, and preparing meals.

What the Researchers Found
The team found that, overall, grandparents who provided any care for their grandchildren scored higher on tests of memory and verbal fluency (how easily you can find and use words) compared with those who didn’t. The results held even after accounting for differences such as age and health.
The brain boost didn’t require a major time commitment. Among grandparents who provided care, how often they babysat made no measurable difference to their brain health. A grandmother who looked after her grandchildren once a week exhibited the same cognitive performance as a grandmother who cared for hers several days a week.

What mattered more than the time they spent together was what they did during that time. Of the seven caregiving activities that were examined, two activities stood out: helping with homework and doing leisure activities, such as playing games. Only these activities were associated with better performance on both the memory and verbal fluency tests.

Helping a child with homework often requires explaining concepts in different ways, problem-solving on the fly, and adapting to how the child learns. Playing games and doing activities together require more mental activity than passive interaction and involve creativity, planning, and constant social interaction.

The study found that engaging in a variety of activities was beneficial. Grandparents who rotated through different types of activities, such as homework help one day, cooking together another, and outings on weekends, showed better cognitive functioning overall.

Why Grandmothers Seem to Benefit More
One of the study’s most striking findings involves a gender gap. Grandmothers who provided care experienced slower cognitive decline than those who didn’t babysit. Grandfathers also enjoyed cognitive benefits from interacting with their grandchildren but showed no slowing of cognitive decline compared with men who didn’t babysit.

Researchers suspect that traditional gender roles may account for this difference. Grandmothers typically engage in more hands-on caregiving, such as preparing meals, planning activities, and managing schedules. Meanwhile, grandfathers tend to occupy a more supportive role by providing care alongside their spouses.

Another possibility for the difference in benefits between the genders could be that grandfathers may feel more obligated to help, while grandmothers more often choose to be involved. It could be that caregiving done out of a sense of duty rather than desire might not deliver the same mental benefits.

Enjoyment and Balance Matter
The researchers were careful to note that not all caregiving is equal. Study author Chereches noted that providing care voluntarily, within a supportive family environment where another family member can share the load when needed, may have different effects than caregiving that feels unsupported, involuntary, or like a burden.

This is an important distinction for some American grandparents, many of whom are shouldering significant caregiving responsibilities. In 2023, about 1 million children in the United States were being raised in households headed by grandparents, with no parents present. This type of scenario presents a different situation from the occasional afternoon of babysitting and the stress involved in full-time, unplanned caregiving may offset the cognitive benefits that grandparents get from occasional caregiving.

What This Means for You
The study has not proven with certainty that babysitting causes better brain health; it’s possible that grandparents who are already cognitively sharper are simply more likely to take on active, part-time caregiving roles. It also doesn’t mean caregiving prevents dementia or Alzheimer’s disease. But the results of the six-year study are encouraging. Grandparents can benefit from spending time with their grandkids, regardless of the amount of time – and with the biggest benefits showing up in more mentally engaging activities. The broader experience of being engaged and involved, it seems, is what counts.

For grandparents who want to make the most of their time with their grandchildren, the study points to a few practical takeaways. Activities that actively engage the mind, like helping with homework, playing board games or card games, working on creative projects, and spending time outdoors together, may be the most mentally stimulating. Variety may also help; rotating through different types of activities from visit to visit can challenge different thinking skills.

Just as important, the caregiving context matters. Time with grandkids is most likely to feel beneficial when it’s enjoyable and manageable, not overwhelming or done out of obligation. And because this research can’t prove that caregiving causes better cognition, it’s best viewed as encouraging evidence that staying socially and mentally engaged – in ways that feel positive and sustainable – may support brain health over time. In other words, your grandchildren may be doing as much for you as you’re doing for them.

WHAT'S REASONABLE TO YOU MAY NOT BE TO ANOTHEROne of a lawyer’s favorite terms is “reasonable.”What is reasonable? What ...
05/18/2026

WHAT'S REASONABLE TO YOU MAY NOT BE TO ANOTHER

One of a lawyer’s favorite terms is “reasonable.”

What is reasonable? What would a reasonable man do in a particular situation? This is the basic standard for most tort litigation, such as traffic accidents, medical malpractice and negligence. It is more or less a cross between the objective and subjective thoughts and opinions that are the human condition.

We often sound like Marvin Gaye when we talk about letting our conscience be our guide. It is assumed that following one’s conscience is reasonable. A critical question is how was your conscience formed? Different persons can have very different opinions as to what is reasonable in a given situation.

A friend of mine was explaining to me this morning a problem that he was having during the sale of his property. A buyer had purchased some land in its “as is” condition. The buyer, a retiring couple, was very pleased with the fencing and gating of the residence, and wanted it exactly as it was. They paid the full asking price. The seller, my friend, was very pleased with the sale.

After the sale, and before the buyer moved into the residence, the seller, thinking that gates were gates, replaced the entry way, which had his families crest and initials on it with another. He replaced them with a much less expensive but “reasonable” alternative. He also removed the entry lighting, because they were simply highlighting the crest on the gate. The seller thought that these minor changes to the residence were reasonable and who would want the previous owner’s initials on the gate anyway? Well, this specific buyer did and a dispute began.

Disputes often develop over a difference in opinion among parties as to what is reasonable. An in town caregiver may think it is reasonable for a parent to transfer ownership of the family residence over to him or her, because of the multitude of years they have provided care for Mom when she was aging and in poor health. An out of town child, who moved because of a job, and who emotionally cared just as much for Mom, may think the residence should ultimately be divided equally between the two of them. Which is reasonable?

An out of town child thinks Mom should stay at home as long as possible, and that the in town child should monitor her care indefinitely. He knows that Mom really wants to stay at home. The in town child is overwhelmed, missing work and noticeably stressed about her mother’s deteriorating condition. She would like mom to move to an assisted living community. She truly believes Mom needs this higher level of care that she just can’t provide. So again, which would be reasonable?

At junctures like these, it’s hard to decide what is the most reasonable solution for everyone. Personally, the most reasonable solution here, would be one desired by Mom that keeps her health and family in good shape and relationally together. As Estate & Elder Law attorneys, it’s our job to offer solutions and present them to our clients. As this story unfolds, there are many choices that would work out to a reasonable solution. This plan may involve in home care or nursing, providing financial compensation for the daughter for her help in assisting with her mom’s care, or finding the right community for mom’s needs. Whatever the solution it will have to be reasonable to everyone and keep relationships intact for the family that is experiencing a life changing season in their lives.
​
Berger Estate & Elder Law P.A. has been serving Kansas City for over 30 years providing Trusted Council with Proactive Solutions. If you or a loved one are experiencing a similar situation and need assistance, give us a call today at (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located offices at 11233 Nall, Suite 140 Leawood, KS 66211 for more information.

We hosted a surprise birthday party for our beloved attorney, Mary Ann Robison this week! Happy Birthday wishes, Mary An...
05/15/2026

We hosted a surprise birthday party for our beloved attorney, Mary Ann Robison this week! Happy Birthday wishes, Mary Ann!!

Five Steps to a Successful estate plan1. Think about the following: The important people in your lifeThe assets that you...
05/15/2026

Five Steps to a Successful estate plan

1. Think about the following:
The important people in your life
The assets that you own, how you own them, and their value
The plans you would like to make for the people in your life and the distribution of your assets

2.) Evaluate your current Estate Plan.
Is your current Plan outdated? Do your legal documents still reflect your current objectives, or have changes occurred in your life, the lives of your loved ones, or in your assets?

3.) Design an Estate Plan and prepare a comprehensive set of legal documents tailored to meet your objectives.

4.) Implement your Plan by executing a comprehensive set of legal documents and rearranging the title to your assets, as needed, to avoid probate and tax liabilities.

5.) Review and Update your Plan and legal documents every three to five years, or as changes occur in your life, the lives of your loved ones, or in your assets.

6.) Schedule an Appointment.
Our team would be happy to help you set up a successful Estate Plan, call us at (913) 491-6332, or contact us via email [email protected].

Remarrying Seniors Have Big Estate Planning Decisions to MakeSecond marriages are more common in the lives of seniors th...
05/14/2026

Remarrying Seniors Have Big Estate Planning Decisions to Make

Second marriages are more common in the lives of seniors these days. Many seniors who remarry have enjoyed a life of love with a previous spouse whom passes away and later discover love with someone new. Although they often feel like they’ve lost the love of their life, remarrying as a senior can be exhilarating for these later years.

Caught up among the excitement newfound love can bring are some of life’s most serious decisions, and evermore so for remarrying seniors. Many seniors choose not to plan when remarrying, causing unforeseen challenges for their loved ones. This also has the potential to break close relationships with others and cause infighting among other family members.

Longer lifespans are accredited for the increasing numbers in remarrying seniors. And, as the years go on, this will probably have many marrying for the first time later in life, in increasingly blended ways. Questions about what to do with a lifetime of accumulated and still accumulating assets are ones that couples don’t have to consider when they're young. However, these are decisions almost all seniors must make when remarrying. With 50% of seniors remarrying, these are questions elder law attorneys are starting to hear more and more, from existing and new clients. Meeting with an elder law attorney, can let you and your new spouse know what your options are.

Prenuptial Agreements
The biggest consideration for seniors remarrying is the prenuptial agreement. Whereas fictional stories in print and Hollywood often outline prenuptial worst-case scenarios and intentions, prenuptial agreements are the norm for seniors remarrying, and they often deliver the best protection for both spouses. Open communication is the most important factor when agreeing to a prenuptial agreement. Typically, each spouse has children or family whom they desire to maintain as beneficiaries on bank accounts, stocks and other assets. This may be important, so the first to pass away doesn’t unknowingly and completely disinherit their children.

For those with investments and real estate, trusts are important vehicles to keep finances where they are desired to be for seniors and their beneficiaries. If remarrying seniors pool their finances together, they can be even more vital to keeping everyone’s desires satisfied. Whether it comes down to a prenuptial agreement, a trust, or a combination of the two, it is most important both partners understand the full picture of their plans for one another and those they love.

A Lifetime of Assets
Pooling assets together and putting another name on a title can seem like intuitive decisions when remarrying. But these decisions often have better alternatives that can prevent the likelihood of disinheriting loved ones and hoping blended families can “work it out” after you pass away. Assets often have limitations with who and how many beneficiaries can be designated, and titling often has predetermined legalities that differ from state to state. Newlyweds should prepare for protecting their children and their spouse at the same time and, there is really no way of doing so without creating a trust.

Taxes, Medicaid & Pension Considerations
Consequences of dying intestate or even with a will that assures going through probate and adds to the complexity of decisions to make when remarrying as a senior. Well, you can add taxes, Medicaid and pension considerations to the list, because higher earnings levels may bump a couple up to a higher tax bracket, change Social Security benefits and even disqualify you from a pension and Medicaid. Elder law attorneys with financial planning experience are vital in understanding your full range of options surrounding these scenarios. This will ensure you are best prepared when the IRS wants to collect or another institution is ready to change their terms of service.

Trusts
Trusts give trustors (that’s you and your spouse) the most flexibility and planning options. Amending wills, life insurance, investments and property can be cumbersome and evenly separating them out among beneficiaries is nearly impossible. Creating a trust allows benefactors the ability to distribute exactly how and when they desire. This is important to ensure a new spouse is well cared for even after the other passes.

Conclusion
The sum of these relationships is different for everyone. Falling in love with someone new always impacts the others we love. These relationships may grow positively, or they may not. Remaining loyal to a new spouse might mean it is too difficult to maintain all the relationships we once had and enjoyed. While this is not necessarily estate planning legalese, it’s often a new reality after remarrying later in life. It is important to plan for these changes, and not to let them keep you from making the important estate planning decisions necessary when remarrying as a senior. Planning ahead can also keep you from making knee jerk decisions with your planning during emotional times. The benefits of finding love as a senior can bring an exuberance of excitement and joy into or lives. Don’t let this decision result in unintended consequences for yourself and others. Make sure your most heartfelt desires are carried out for you and those you love for the rest of their lives.

If you want to ensure that you make the right decisions for your own family when considering life and estate planning decisions, feel free to sit down and talk with us for a free consultation by calling (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located office at 11233 Nall, Suite 140 Leawood, KS 66211 for more information.​ Berger Estate & Elder Law P.A. has been providing our clients with Trusted Counsel and Proactive Solutions for over 30 years, and we look forward to many more!

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11233 Nall Avenue, Ste 140
Leawood, KS
66211

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+19134916332

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