Services

Veterans Benefits

It often happens that Veterans Benefits are available yet veterans are unaware of them or unable to weave through the red tape to apply for them.

Western Kentucky Elder Law helps our clients overcome these hurdles and apply for the Veteran’s Benefits for which they are eligible. Our attorneys Darron Brawner and Kurtis Sunset are both accredited with the Department of Veterans Affairs. That means we can prepare, present, and prosecute claims for our veteran clients before the VA.

  • We direct veteran clients to the benefits they qualify for and guide them through the process of applying for them.

Medicaid Planning

Do you ever worry that nursing home costs will one day wipe out your personal assets? We draft Medicaid Plans to preserve our clients’ assets, even in the event of a prolonged nursing home stay. Our Medicaid planning process combines a comprehensive Estate Plan with proven strategies to utilize Medicaid and Veteran’s benefits to pay for long-term care in a nursing home.

  • We begin by drafting a Medicaid strategy, then gather the needed data, fill out your Medicaid Application, and advocate for you during the process. We also attend the in-person meetings for Medicaid review and approval.
  • As part of your Medicaid Plan, we draft or revise a Last Will and Testament, General Durable Power of Attorney, and Living Will. We also prepare any trust documents that may be necessary.

Basic Estate Planning

Have you been delaying your Estate Planning documents out of concerns over cost or complexity? Our attorneys can draft your Estate Planning documents inexpensively, after a single visit.

Estate Planning is nothing more than making important life and health decisions, in advance, when you are healthy and strong of mind.

Here’s a primer on what a basic Estate Plan can do for you.

  • If you are ever disabled because of health, you can draft a Power of Attorney to name a specific person to deal with your medical and financial decisions.
  • Have you ever thought about whether you want life prolonging treatments applied to you in extreme situations? You can draft a Living Will to designate someone as your health care surrogate to carry out the end of life health care wishes you desire.
  • Finally, you can name clearly, in your Last Will and Testament, the beneficiaries who will receive your assets after your death, as well as a personal representative to wrap up your financial matters.

Addressing these matters now ensures your personal intentions are carried out and relieves your family of undue stress related to financial matters after your death.

Probate

When you pass away, there is the inevitable question of what happens to your assets. We help you clarify your wishes, while healthy in mind and body, so that what remains in your estate at your death will pass to the benefit of your loved ones.

There is a legal process which governs what happens to your property after you die. It’s called Probate. Probate refers to the court-supervised process of transferring title of your property and assets to your beneficiaries after your death.

  • If you have a valid Last Will and Testament, the process proceeds smoothly and asset distribution will follow your written intention. If you have not prepared a will, however, your state’s Probate Court will follow state law to figure out how to value and distribute your assets.
  • During Probate the court will administer your wishes by appointing the Executor designated in your Last Will and Testament, or if there is no will, the Court will appoint an Administrator. Your Executor or Administrator will value your assets, pay final bills and taxes, and distribute the remainder of your assets to your designated beneficiaries.

Western Kentucky Elder Law handles the probate process for you. We file all appropriate paperwork, attend court on your behalf, and serve as a guide in helping your designated executor settle your estate.