Roberson Law Focusing on Estate Planning, Trust, Probate and Elder Law

Newsletter

Nancy Roberson 
Honored For Professional Excellence In Estate Planning, Probate And Trust Law

Nancy A. Roberson has been included in Marquis Who's Who. As in all Marquis Who's Who biographical volumes, individuals profiled are selected on the basis of current reference value. Factors such as position, noteworthy accomplishments, visibility, and prominence in a field are all taken into account during the selection process.
 
Read the entire press release here.

Elderly Woman

Elder Care Corner:
Two Legal Documents People With Onset Alzheimer's Disease MUST Get

A large portion of our client base consists of families affected by the horrible diagnosis of Alzheimer's Disease.  When doing planning for a client with Alzheimer's Disease, we have to take into consideration the client's mental capacity to understand the documents being signed.  Remember that it is the client with the disease who must sign the estate planning documents; the person caring for the client may not sign the legal document on behalf of the client.  
 
The two Powers of Attorney (POA)  for financial and health care matters are some of the most important documents that we recommend to a person with Alzheimer's Disease.  This is because people with the disease have a diminished capacity to make sound financial and health decisions for themselves.  Without a POA in place, a guardianship may be necessary, which is a costly and time-intensive probate court procedure that should be avoided.  Thus, we suggest that the financial and health care POA be executed as soon as one receives the Alzheimer's Disease diagnosis.  
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Did you know that we have a department dedicated to senior services?
  • Preserve your savings from nursing home costs
  • Keep your home in the family
  • Know when to apply for Medicaid
  • Obtain a Personal Services Agreement for your loved one who needs to receive at-home care from another family member or friend
  • Obtain "fiduciary services" from our office when you do not have anyone who can act as your personal Power of Attorney agent. 
Check out our web page on Elder Law! 
Find us on Facebook


If this is the first time that you have seen this picture, then you must not be our fan on Facebook!
                       
  
Although our newsletter goes out only once a quarter, we make posts to our Facebook page once a week.  That means liking our page gives you weekly access to what is going on at our firm.

We post everything from pictures of staff members to articles about the latest topics in our area of law.    

Become our fan today!
April/May Widows Grief Support And Resources

This is a reminder that the Young Widows' Support Group (under age 50) meets on the first Thursday of each month from 7:00 p.m. to 9:00 p.m., and the Widows' Support Group (over age 50) meets on the first Friday of each month from 3:00 p.m. to 5:00 p.m.  (Dates may change, however, due to holiday conflicts.)  Both groups meet at Normandy United Methodist Church, located at 450 West Alex-Bell Road, Centerville, Ohio.  There is no cost to attend.

The upcoming meeting topics are:

April 5, 6     "The Journey Through Grief"

May 3     Young Widows:  Collage: " I Am ... In My Grief Journey" 

May 4     All Widows:  "Downsizing & Purging Your Stuff"

For more information about the Young Widows' Support Group, visit the website, call Pam Walker at 937.672.8810, or email DaytonYWSG@gmail.com.
 
For further information about the Widows' Support Group, call Sherry Matsel at 937.878.9707 or email imboo25@yahoo.com.
Need a Speaker For Your Next Event?

One of Nancy's passions is educating the community about the importance of planning for death and disability by sharing her presentation titled, "Are You Prepared?"  Part of her speech includes Nancy sharing her personal tragic story about the event in her life that compelled her to pursue her practice area of law.
                           
If you would like Nancy to speak at your next event, please call 937.643.2000 or email Amy Cary at acary@dayton-attorney.com to book your event.  In addition, if you would like to know where Nancy's next speaking engagement is being held, please email Amy and she will provide the details for the upcoming event. 

As always, we do not charge a fee for our professional speaking services as long as you confirm that at least ten people will attend.  If fewer than ten people attend the event, then we request that a donation be made to the Miami Valley Widows' Support Groups.  You may also go to our speaking engagements page on our website to read some testimonials from past attendees and to obtain more information about speaking topics.  









 Our mission is to  provide excellent, compassionate legal services to help people plan for the unexpected and prepare for the inevitable.

News You Can Use
In This Issue:  
  • Nancy Roberson Honored for Professional Excellence In Estate Planning, Probate And Trust Law
  • It's A GIRL!
  • A Blast From The Past: The 6 Estate Planning Mistakes That You Don't Want To Make
  • American Bar Association's "The Reflective Counselor" (MUST READ)
  • My Name Is "On" Mom's Account, So Won't It Avoid Probate?
  • New Pamphlet For Elder Law And Fiduciary Services
  • Elder Care Corner: Two Legal Documents People With Onset Alzheimer's Disease Must Get
  • April/May Widows Grief Support And Resources
  • Need A Speaker For Your Next Event?
  • Character Counts
  • Just For Laughs!
It's A GIRL! 
FINALLY, after a lineage of boys in the Womeldorff family that goes back many generations, the long family line of boys has been broken with attorney Kristina Rainer and her husband, Joe Womeldorff. When the news came to our office, the whoops and cheers could have been heard miles away! 

Joe, Kristina, and little brother Elijah welcomed Katherine Doty Womeldorff into the world at 5lb 10oz. Baby Katherine was named after a Queen in the 1500s who stood up for her faith. 

For the first time, Kristina will return to the office in May as a mother of both a boy and a girl. Congratulations, Kristina and Joe!
A Blast From The Past: The 6 Estate Planning Mistakes That You Don't Want To Make

We are in the business of helping people prepare and plan for the inevitable, so every year we write an article advising our clients about what not to do when it comes to death and disability planning.  The mistakes we have seen people make throughout the past 30 years we have been in practice have caused a lot heartache, stress, and money for our clients to correct.  

Three years ago, we referenced the following article in our e-newsletter and the feedback we received was very favorable. Our readers really appreciated the valuable information that the article produced, so we have recycled the  article published by the law firm Chambliss, Bahner & Stophel, P.C. titled,  "The 6 Biggest Estate Planning Mistakes." to  remind everyone about the important points the article makes pertaining to estate planning. 

We realize that understanding what to do and what not to do when it comes to estate planning can be very confusing to a person who isn't familiar with the probate and trust laws (Side note: That's why you don't hire an attorney who is not a specialist in this area of law).

The  article sums up in non-legalize why you need to listen to the advice of your estate planning attorney or suffer serious consequences.  Some of the mistakes people make include burying their head in the sand and not planning at all; not funding a trust; incorrectly designating beneficiaries on bank accounts, retirement funds, etc.; and going online for "do-it-yourself" estate planning forms, which is a "doozy" mistake due to the vast differences in each state's laws. 

In addition, we recommend that you refresh your General Durable Power of Attorney every five years so that financial institutions will be less likely to reject your POA due to its age.  Unfortunately, the State of Ohio does not require that powers of attorney be accepted by anyone.  

One "size" does not fit all when it comes to death and disability planning in the United States.  For that reason, attorneys are required to be licensed to practice law in each state where they are giving advice, so that is why going to a site that is not state specific is unwise.
MUST READ ARTICLE!
 
The American Bar Association (ABA) published a book in 2008 titled The Reflective Counselor, Daily Meditations for Lawyers that is outstanding. An entry in the book for December 4th really drove home why we do what we do at our office, so we had to share it with you.

December 4th, Page 338, The Reflective Counselor:
"We probably all have friends or acquaintances who are dealing with health issues, sometimes very serious ones.  In discussing these situations, whether or not the actual words are spoken, an underlying theme often seems to rise up: "Will we ever fulfill our abiding dreams?"
  
Life gives us no exact timetable for our personal ending, yet we know that we all have an expiration date.  Whether we will leave this earth on the 7:00 a.m. train, or the 11:30 p.m. train, is unknown.  As in mathematical equations, the timing is the variable, while the leaving itself is the constant.

Does it make any sense at all for us to await hearing the doctor's advice "to get our affairs in order," before doing that which we always knew we had to do?  The time is now.  This is the time to name who and what we value, and to take every action necessary to assure that we stand in right alignment with valued persons and endeavors.  Deathbed regrets and reconciliations are better than nothing, but not very much better.  

A life well-lived contains many experiences and expressions of love, pride, loyalty, and delight.  Neglected or bruised relationships with partners, children, friends, and other significant persons need to be amended now, if we are to love and die peacefully and fulfilled.

We are called to participate in the "very life of life" on a daily, hourly, and minute-to-minute basis.  Our goal is not merely to avoid a restless death; our goal is to achieve a meaningful life, thereafter bequeathing a legacy of nobility and excellence.  The time is NOW.

"I shall tell you a great secret, my friend.
Do not wait for the last judgement, it takes place every day."

©2008 by the American Bar Association.  Reprinted with permission.  All rights reserved.  This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in any electronic database or retrieval system without the express written consent of the American Bar Association.
My Name Is "On" Mom's Account, So Won't It Avoid Probate?  
 
The title of this article is a common misconception that people have about avoiding probate.  A person will assume that just because he has been designated as his parent's Agent in his parent's Power of Attorney (POA) that he will have access to his parent's bank account after the parent dies.  The person will incorrectly assume that having his name listed on his parent's account will be enough to avoid probate.  The main reason why this is not true is because a POA is void and the Agent loses all "powers" when the Principal (the giver of the POA) dies.
 
The correct way to title a bank account to avoid probate is Joint Tenants With Rights Of Survivorship (JTWROS).  We do not recommend,
however, that an account be titled JTWROS with anyone other than your spouse or the sole heir who you want to receive all of the money remaining in your bank account after your death.
 
Parents who have more than one child should take caution when putting one child alone on their bank account as JTWROS because, by doing so, you are effectively excluding your remaining children or heirs from having any right to the money remaining in your bank account after you die, regardless of what your Will says.  Yes, having someone designated as JTWROS does avoid probate in many situations, but it can also open up a multitude of issues. 

The bottom line is that you shouldn't take your estate planning into your own hands and just make all of your accounts JTWROS without first talking to an attorney who can determine if that strategy is the best course of action for your estate planning goals.
New Pamphlet For Elder Care And Fiduciary Services

For the first time in our firm's history, thanks to our associate Attorney Will Jennings, we have a brochure describing our fiduciary and elder care department. This department in our firm is very unique to a law office. 

A fiduciary is a person who is legally bound to act in someone else's best interests.  Many lawyers and financial advisers will not serve as a fiduciary (i.e. Power of Attorney, Guardian, or Agent) for a client because of the high liability of managing the personal and financial affairs of another person. 

Our office has over 30 years of experience providing fiduciary services and has on staff a Fiduciary Services Manager whose job is to solely manage the day-to-day affairs of people who cannot, or desire not to, pay their bills, open and  manage their snail mail, process health insurance bills and claims, balance their checkbook, manage their bank accounts, and anything else that is required to just "live."  In addition, many people need an advocate to ensure that they are receiving quality care at their health care facility and to ensure that health care providers are giving them the best care possible while effectively managing health care costs.

Trisha Webb
Fiduciary Services Manager
Please view our new brochure that goes into detail about the unique fiduciary services that we provide.  Our office offers fiduciary services at very low hourly rates compared to the other legal services that we provide. If you are interested in obtaining more information about our fiduciary department, please call or email our Fiduciary Services Manager, Trisha Webb, at 937.643.2000 or twebb@dayton-attorney.com. 
Character Counts

We know it's hard to believe, but some lawyers have character defects.  Roberson Law, however, strives to dispel the negative image of lawyers. For that reason we choose to monthly focus on a character quality with a monthly subscription to Character Core Magazine published by Strata Leadership, LLC, a leadership company based in Oklahoma City, Oklahoma.

The character quality that was highlighted in February was Honesty.  According to  Character Core Magazine, "Honesty is being truthful in what I say and do."  Having a trusting relationship that is genuine is the foundation of honesty.  The components of honesty are to be truthful and to understand that what you say and do matters. 

Action plan for exhibiting honesty:

1) Tell yourself the truth.
2) Tell others the truth.
3) Be true.
Just For Laughs!
(Because Nancy loves reading the comics)
                 
Funky Winkerbean, Tom Batiuk, Dayton Daily News

All material in this newsletter is Copyright © 2018 by Nancy A. Roberson. All rights reserved.