Discussing Long-Term Care Planning with Your Parents

Nursing homes near me

Everyone hopes to live well into old age, but no one wants to think about when it’s time for assisted living. If your parents are older, there’s no time like the present to start the conversation about long-term care with them. Planning is critical and having their input before they need care can make all the difference for them and you. Here’s how to talk to them about long-term care planning.

Starting the Conversation

Even if it’s tough, the conversation about long-term care, assisted living, and nursing homes is necessary. Starting the conversation is the hardest part. It’s essential to be caring and respectful, and acknowledge the difficulty of the topic. Express your desire to do what’s best for them and want them to have input into where they’ll live and what kind of care they’ll receive.

What to Talk About

When discussing long-term care for your parents or loved ones, there are some must-cover issues to include.

  • Where they’ll live and receive care – your parents might want to stay in their own home for the rest of their lives, but in some cases, that isn’t practical, realistic, or safe. Discuss nursing homes nearby, assisted living facilities, and other options they’re comfortable with.
  • Who will care for them – some elderly couples can care for each other well into their senior years, while others need assistance from healthcare professionals. Discuss the options and create a plan b.
  • Discuss the finances – long-term care, including independent living, assisted living, nursing homes, and memory care facilities, can be very costly. Do they have savings to cover the costs or assets they can sell to cover them? Do they have long-term care insurance coverage or Medicaid? This important part of the conversation can mean the difference between a standard facility and someplace that feels like home.

When you’re ready to talk with your parents about long-term care, let an experienced legal team help. Contact McCutchen McLean, LLC for help with estate planning to ensure your parents get the care they need when they need it.

Estate Plan (Trusts) Vs. Will – Ensure Your Assets Are Taken Care of After Death

Assets After Death

Do you know the difference between an estate plan vs. a will? Most people default to thinking that a will is the only document needed for planning what happens after your death. However, if you ask a reliable source, they’ll tell you that it’s beneficial to have a will and an estate plan.

What is a Will?

A will is a legal document that clearly defines how you want your assets and belongings divided that’s used by the courts and your heirs after your death. It can also detail guardianship for your children and will name an executor responsible for ensuring administration of the will. One of the most significant benefits of a will is to prevent the courts from determining how to divide your property, which is what happens if you die without one.

What is an Estate Plan?

An estate plan goes deeper than a will when allocating and managing your assets. It can allocate what happens while you’re living should you become incapacitated and details distribution of your assets after your death. It also helps with other considerations besides just your assets, including medical power of attorney, advance directives, trusts for living heirs, power of attorney for businesses and investments, and more.

Why Have Both?

The guidance shouldn’t be estate plan vs. will but should be estate plan and will. Because they can work together to create a broader arrangement that can more completely assure the preservation of your assets, carrying out of your wishes, security for your family and loved ones, and protection for your business ventures and investments.

No matter the size and breadth of your estate, if you have any assets to protect and family to take care of, having an estate plan and a will in place will benefit them both before and after your death. Talk to the experienced family law team at McCutchen and McLean LLC for a consultation to find out how you can take care of your family, even when you’re gone.

How To Break The News Of Divorce To Your Children

divorce effect on children

The effects of divorce on children are widely studied and documented, but it’s hard to grasp until you’ve gone through it, as a parent or even as a child of divorce. A critical first step to helping your children understand what’s happening is learning how to communicate with them about it effectively. Here are some ideas that may be helpful.

Come Up with a Plan

Having a plan is essential when it comes to difficult news and challenging conversations. When and how you tell them will impact how they receive the message. Set aside a time for that conversation when nothing else is going on, and there are no distractions.

Work as a Team

No matter how amicable or contentious your divorce, set it all aside for this important conversation. Show up as a united front without blame, judgment, or arguing. Working as a team will help your children feel safe, secure, and cared for by both of you.

Don’t Leave them Wondering

Your children typically live in the home with you and many times know when things are not great or there is conflict between the parents. When talking to kids about divorce, treat your children with respect. Sometimes honesty is the best policy in age-appropriate terms, but sometimes “fault-ground” reasons for the divorce should not be discussed until much later after the divorce trauma or when the children are older, if at all. Don’t forget to assure the children they are not the reason for the divorce and that both parents love them unconditionally, no matter what. Your children  deserve to know why their family and their lives are about to drastically change.

Talk About the Future

One of the things kids worry about when their parents get divorced is what the future will look like. Not knowing where they’ll live, who they’ll spend time with, if they have to change schools, make new friends, be on different sports teams, or give up their pets are all things that scare children about divorce. Talk to them about the future, even if you’re not sure yourselves. Reassure them. Helping them feel secure is the goal.

Navigating a divorce, even in the best circumstances, is challenging. Having a reliable attorney in your corner is one way to ease the stress and vicissitudes of divorce. Contact the legal team at McCutchen McLean, LLC for compassionate and experienced divorce representation.

Conservatorships Vs. Guardianship, what are the Differences?

Difference Between Conservatorships and Guardianships

Understanding the difference between conservatorship and guardianship is challenging. Which do you need? Which would best serve your family and loved ones? We’ve got an essential guide to conservatorships vs. guardianships.

Conservatorship

Conservatorships handle the financial affairs of a living person. The goal is to protect both the individual and their assets when they are unable to manage them alone and can’t make informed decisions that are in their best interests. The conservator that oversees the finances is accountable to the courts to act on the best interest of the individual and their estate.

Guardianship

Like conservatorships, guardianships work to assist an individual when they are not able to manage their personal welfare. However, where a conservatorship focuses on the financial assets, a guardianship handles all other personal matters for the individual, including healthcare decisions, living and wellness issues, personal care, and mental health concerns.

When to Use Which

It’s not always up to a loved one or family member to determine conservatorship vs. guardianship. That’s where the courts come in. A judge is responsible for determining which is best for the individual based on many factors. They’ll determine what they feel will most closely meet the person’s needs while considering the circumstances that created the need for oversight.

One thing is clear when caring for someone who can’t care for themselves – you need a reliable and compassionate attorney on your side. Ensuring the protection of your loved one while navigating the legal system and what’s required can be overwhelming. Contact the experienced lawyers at McCutchen McLean, LLC to learn more about these two options and which is best.

Understanding Estate Administration and What to do with Someone’s Estate

understanding estate administration

There is a lot of business to attend to when a loved one dies, not the least of which is understanding estate administration. During the emotional upheaval that comes with this loss, being the executor is an added task that can be both an honor and a burden. However, we’ve got some simple guidance to help you navigate the process.

What is Estate Administration?

When a person dies, someone must handle their affairs, including managing assets, property, and belongings. All these things are part of their estate, and managing their distribution is estate administration. Therefore, to be the executor of someone else’s estate is to be their estate administrator.

How to Settle Someone’s Estate

If the individual dies with a will, the executor follows those instructions and wishes in handling the property. The estate management follows South Carolina law if there is no will. Things an executor is responsible for include:

  • Paying or settling any outstanding debt
  • Paying estate taxes
  • Filing paperwork
  • Locating and protecting all estate assets
  • Identifying beneficiaries and heirs of the deceased, including those named in the will
  • Distributing financial assets, property, and belongings to those beneficiaries and heirs

Why Legal Assistance is Essential

When a person dies with property and assets, whether they have a will or not, a battle over those things is sometimes inevitable. Understanding the ins and outs of estate administration is critical to handling your loved one’s affairs with compassion and care, but it’s also the key to avoiding a fight over what they left behind. Having a legal team on your side will help you understand and get through the process. Additionally, they will represent you in the courts, guide you through the legal system, and help you avoid additional legal battles while ensuring the upholding of your loved one’s wishes and honoring their memory.

The trusted legal team at McCutchen McLean LLC has extensive experience in estate administration. Contact them today for a free consultation and the thoughtful guidance you need during this challenging time.

3 Common Types of Employment Disputes And What You Can Do About Them

employment disputes

You could benefit from speaking with an employment lawyer if you’re dealing with an employment dispute. No matter which side you’re on, when issues arise between an employee and an employer, sometimes the best approach is to address them through the legal system. Here are three of the most common types of employment disputes and what you can do about them.

#1: Wrongful Termination

South Carolina is an at-will state, which means an employer can terminate an employee without cause and for any reason. The at-will status also means it’s hard to prove wrongful termination. However, there are specific instances when you can prove wrongful termination and take legal action, including discrimination based on gender, race, religion, and age. Retaliation laws are also in place to protect employees from firing based on a retaliatory act.

#2: Wage Dispute

When an employer fails to compensate an employee for their work and time properly, this can lead to a wage dispute. The issue over lack of compensation often arises from lack of overtime pay, holiday pay, earned tips, allowing for breaks, and paying under minimum wage.

#3: Harassment and Discrimination

Harassment and discrimination suits are common in employment disputes. They can encompass everything from unfair treatment, harassment, and lack of accommodation based on sexual orientation, gender, religion, race, age, disability, and pregnancy, among others.

Whether you’re an employer or an employee, legal representation during an employment dispute can make all the difference in the outcome. Our team is here to help. Contact McCutchen McLean, LLC today.

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