After Someone Dies: When Must a Last Will and Testament be Filed with Probate Court? And What Happens if Someone Refuses to File the Last Will and Testament?

After death, a Will must be filed with Probate Court if it conveys an interest in real or personal property or has been declared valid by a Probate judge. If an action to have a Will declared valid prior to death was brought and successful, than the judge who made the declaration must bring the Will before the Court after the individual’s death. An executor or heir may inform the judge of the individual’s death or the judge may learn on his own.

Generally, named executors or heirs readily file Wills with the Court. Sometimes though, the named heirs are not the individuals in possession of the Will or an… Read the rest

Elizabeth L. Perla Speaks to Residence of Franciscan Village

On January 19, 2015, Cleveland Attorney Elizabeth L. Perla of the Law Offices of Randall M. Perla spoke to residents of the Franciscan Village of Cleveland, Ohio, which offers independent living for seniors. At the talk, Ms. Perla touched upon issues of Medicaid, including the use of Medicaid to pay for long-term nursing care, eligibility for Medicaid and Medicaid planning opportunities. She also reviewed basic estate planning documents including the Health Care Power of Attorney and Living Will, Financial Power of Attorney, Living Trust and Last Will and Testament. The session gave residents… Read the rest

Ohio Divorce: Gifts Between Spouse- An Exception to the Rule in Property Division

In Ohio, the general rule of thumb is that in the event of a divorce, a spouse will be able to retain his separate property. For a more full explanation of separate and marital property and property division, see http://www.perlalaw.com/blog/how-does-a-domestic-relations-court-in-ohio-divide-property-in-a-divorce/ However, there is a particular exception to the rule that some practitioners may overlook.

In Ohio, a spouse can convert separate property to marital property by making a gift of the separate property to their spouse. There are two essential elements to effectuate a gift.… Read the rest

Elder Abuse- What Does Ohio Adult Protective Services (APS) Do, When and How to Contact APS, and Tips for Avoiding Elder Abuse.

Adult Protective Services (APS) investigates suspected abuse, neglect or exploitation of those 60 and older. Abuse is defined as infliction upon an adult by self or others of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical harm, pain, or mental anguish. Neglect is defined as the failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness or the failure of a caretaker to provide such goods or services. Exploitation means the unlawful or improper act of a caretaker using an adult… Read the rest

What Skilled Nursing Care is Covered by Medicare? And Dealing with Denials

Medicare Part A (Hospital Insurance) will pay up to 100 days of skilled nursing care in a nursing home or at home, if the patient is home-bound and it is physician authorized, or inpatient care in a rehabilitation facility.

Coverage includes meals, skilled nursing care, physical and occupational therapy, speech-language pathology service, medications, medical supplies and equipment, and dietary counseling.

There is no charge for the first 20 days. However, there is a co-pay of $152 per day for the next 80 days, with Medicare covering the remaining expenses.

Sometimes a patient is determined… Read the rest