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Larry King’s Unfortunate Legacy

May 24, 2021Filed Under: Current Events, Estate Planning

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The legendary talk-show host, Larry King, died at age 87 on January 23, 2021, after contracting Covid and then succumbing to an infection. He married seven women and had five children between several of them. Immediately after his death, his estate went straight to probate court.

 

If only he would have followed the advice that any estate-planning attorney could have given him. Estate plans should be regularly reviewed and competently updated, especially any time there are changes to the family.

 

King married his last wife, Shawn Southwick, in 1997. In 2015, the couple created an estate plan, in which Shawn was named King’s trustee and in which the couple signed post-nuptial contracts that limited King’s power to give leave bequests to his children.

 

Four years later, in early to mid-2019, King had a stroke, in addition to suffering numerous other grave health problems. Later that year, after over twenty years of marriage, King filed for divorce from Shawn. The divorce was never finalized.

 

Then, after that, King handwrote a one-page will that purported to leave his property equally among his five children. The document is barely legible and contains words and phrases that were scratched out. Its language is ambiguous. It does not mention Shawn. Later, in 2020, after two of King’s children died, he neglected to update the document, which he should have done to direct where the deceased children’s shares should go.

 

On King’s death, one of his children, relying on the handwritten document, petitioned to administrate the estate. Wife Shawn challenged, alleging that in later years King had become susceptible to undue influence and that he lacked mental capacity. To further complicate matters, California is a community-property state, meaning that Shawn could have an independent right to fifty percent of any assets acquired during the marriage.

 

The regrettable consequence of all this, which could have been avoided if King had consulted with an estate-planning attorney, is that the King estate will be tied up in a lengthy, costly, public battle. Not only must the family grieve the untimely deaths of two of the King children and the passing of the family patriarch, but they must also suffer the aspersions cast on King’s abilities in his final years.

 

The moral of the story? If King wanted to change his 2015 estate plan, he should have consulted an attorney. He never should have created a document that was open to such serious challenge, especially given the number of marriages and children involved, at a time when his health was frail.

 

King may have been a great and much-lauded figure, but he has left behind an object lesson in why responsible estate planning is so very important. And if you think this matters less for you because you haven’t had as many spouses and don’t own as much, think again. If you leave your estate open to this kind of happenstance, the money it will cost to fix it later will eat up a greater percentage of what should go to your family instead. Be sure to keep your plan current. If you have questions or would like to discuss your personal situation, please don’t hesitate to contact us at 513-771-2444.

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You Got Vaccinated Against COVID-19, Now What?

May 17, 2021Filed Under: Current Events

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Throughout 2021, COVID-19 vaccines have become more and more readily available to nearly everyone. According to the medical community, vaccinated individuals are significantly less likely to contract COVID-19; however, they may pose a health risk to others. What then is appropriate behavior for vaccinated Americans when considering the health of others? For the moment, not much has changed.

First of all, experts have told us that the COVID-19 vaccines take at least two weeks from receiving the second dose (or the single dose of Johnson and Johnson) to build up your immune response. The Pfizer vaccine offers 95 percent efficacy, while the Moderna vaccine provides 94 percent efficacy, so you are highly resistant to COVID-19 but not completely immune. According to MarketWatch, Dr. Gregory Poland, infectious disease expert and director of the Mayo Clinic’s Vaccine Research Group in Rochester, Minnesota, the .9 percent difference in efficacy rates is “meaningless.” However, according to preliminary data, those who are vaccinated may still contract coronavirus though, they are more likely to be asymptomatic. In the same MarketWatch post, Dr. Thomas Russo, chief of infectious disease, University at Buffalo in New York, says, “… it’s not clear whether those vaccinated people would be able to pass it to others.” We are still in a time of great uncertainty regarding this pandemic.

There is a low risk of infection when socializing with other fully vaccinated individuals; however, most experts believe it will take months to achieve herd immunity as a nation. Herd immunity occurs when a large enough percentage of the population develops long-lasting immunity through naturally occurring infection resistance or vaccinations to a particular virus or disease.

Should you visit your local grandparent or other older relative now that you have the vaccine? Dr. Russo told MarketWatch if both you and your loved one are fully vaccinated, “the benefits of the visit will outweigh these small risks that they could have of developing a severe case of coronavirus.” The unprecedented rates of social isolation of the American elderly have taken a huge toll on their physical, mental, and emotional well-being. If you and your loved one have been fully vaccinated, make arrangements to meet safely.

The medical community speculates that a vaccination rate of 70 to 80 percent can bring about herd immunity in the US, but we are just beginning the nation’s vaccination journey. The advent of open borders and easing air travel restrictions from other countries continues to provide challenges. In the future, you might need to present a negative COVID-19 test to cross international borders. Currently, those Americans returning from Mexico must now meet this requirement before entering the US. The “slow the spread” protocols remain in place even though you are fully vaccinated.

Once you are fully vaccinated your way of life may not change for a while. It is still important to reach out to friends and loved ones who may still be suffering from feelings of isolation and/or depression. You may be able to visit a loved one in a care facility once you are fully vaccinated. And if you haven’t already, now is a great time to think about your future health, and to make sure you have the correct legal documents in place in case you are unable to make decisions due to illness or incapacity in the future. We would be happy to speak to you about what documents you should be thinking about, including a health care directive, living will, or other documents specific to your wishes and desires. If the past year has taught us anything, it is to expect the unexpected and plan accordingly. We can help! If you have questions or would like to discuss your personal situation, please don’t hesitate to contact us at 513-771-2444.

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The Impact COVID-19 Has on Seniors

May 20, 2020Filed Under: Current Events

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These are turbulent times. The senior population has been identified as the most at-risk demographic for COVID-19. Information coming out about COVID-19 is very fluid, which can also contribute to overall stress. Thankfully there are ways to try and manage stress and stay as healthy as possible during this time thanks to advice from several federal agencies monitoring the situation and the impact of COVID-19 on the senior population. This article highlights some of the advice provided from those agencies monitoring this situation closely.

For those living in a nursing home or long-term care living facility, new protocols have been established by the federal government to curb the spread of Coronavirus. A new preparedness checklist is available on the Centers for Disease Control and Prevention (CDC). It includes staff education and training for the rapid identification and management of ill residents, as well as an increase in supplies and resources. There are also restrictions on all visitation, excepting some circumstances like an end of life situation.  Other restrictions have been placed on volunteers and non-essential health care personnel, and the cancellation of all group activities and communal dining.

Before the identification and dissemination of information about Coronavirus, the CDC had identified the 2019-2020 flu season as being particularly challenging. Now many seniors wonder whether they have a different type of flu, allergies, or are experiencing the Coronavirus. Not knowing is particularly frightening since seniors have been identified as the demographic with the highest mortality rate. The CDC has a straightforward checklist of symptoms of respiratory infection, including COVID-19:

  • Fever
  • Cough
  • Shortness of breath

Because other types of flu have similar symptoms and there is no Coronavirus vaccine, and its test is in very short supply, many older adults will only be able to treat their symptoms without full knowledge as to the contagion.

One their website under “How to Prepare” the CDC provides information on protecting yourself, your family, your home, and managing anxiety and stress. According to the CDC, there are some things that seniors can do whether or not they are in a facility or living at home that can help reduce their risk of catching the Coronavirus or any other virus for that matter in this bad flu season. The first line of defense sounds counterintuitive to a global pandemic, but it is crucial, stay calm and try to relax.

Getting quality sleep during this outbreak will allow your body the time it needs to restore immunity responses to contagions. Stay well hydrated by drinking plenty of water. Staying calm, getting restful sleep, and remaining hydrated will allow your body’s natural defense mechanisms to protect itself.

Have someone near you help you stock up on supplies. Stay in your home as much as possible. If the weather permits, open a window for fresh air. If you have a home with a porch or patio, take in some sun for vitamin D. You want your immune system to be as robust as possible. Take everyday precautions to keep space between yourself and others. If it is not necessary, don’t go out in public, avoid crowds, stay away from anyone who is sick, and wash your hands often. Cancel any cruise or non-essential air travel and do not use public transportation.

The Environmental Protection Agency (EPA) has posted a list of disinfectants for use against the Coronavirus. Proper disinfecting of often-used surfaces is critical as this particular Coronavirus can live for long periods, up to 72 hours on some surfaces. As of now, the EPA reports no detection of COVID-19 in drinking water supplies and believes the risk to the water supply is low based on current evidence.

The CDC is reporting that seniors with chronic medical conditions like heart disease, lung disease, and diabetes are at higher risk of contracting COVID-19 and should take extra precautions about self-isolating. Those seniors with these conditions in a nursing home or long term care facility will be triaged according to CDC guidelines for best practices with the elderly who are the highest risk.

If you feel worried and panic is taking over your rational responses, seek a loved one or trusted friend to guide you through the steps you can take. There is a great deal that is unknown about the Coronavirus, but there is a great deal known about what you can do as an individual senior to combat the threat and remain healthy.

We would be happy to discuss any questions or concerns you have as we continue to understand the impact of COVID-19 on our country.

If you have questions or need guidance in your planning or planning for a loved one, please do not hesitate to contact our office by calling us at (513) 771-2444.

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Protecting Your Family During the Pandemic

May 14, 2020Filed Under: Current Events

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In these scary times, it’s important to be prepared if you or a loved one gets sick and can’t make decisions for themselves about healthcare or finances. Banks, insurance companies, and medical providers will not listen to what another person says about what you need, not without up-to-date legal documents.

But how are you, or someone you know or love, supposed to get those documents, and still do your bit to keep physical distance so we can stop this virus and get back to easier times?

Internet is the answer. Almost everything you need from us can be delivered remotely without your setting foot outside, as long as you have a good phone or internet connection. From the safety and comfort of your home, you can get just about all the way to the goal:  peace of mind from knowing that your family or another trusted person can pick up the reins for you, so you or your loved ones get the care you need.

On the other hand, if you prefer to, or must, consult us in person, be reassured that we are taking extraordinary care to protect all our health by adhering strictly to Centers for Disease Control guidelines.

In these challenging times, we all must do all we can to strengthen our resilience, optimism, good planning, and teamwork. Here is how to safeguard your and our health while you access uninterrupted legal services.

  1. We invite you to take advantage of internet capability. Of course, we would love to see you in person, but, these days, let’s keep in close contact outside of physical presence. If you have a good phone or internet connection, we can meet together via phone or video conference. You can get and send documents via email. We can stay connected “virtually” so that in most cases, you can get everything up to (but not yet including) signing, without budging from home.
  2. Once we begin seeing clients in our office, we will take every precaution CDC recommends. We all are conscientious about strict infection-control protocols, physical distance, and frequent sanitizing of high-touch surfaces. For now, you will be welcomed with a warm smile instead of the usual handshake or hug!

However, your help is essential. Please, if you aren’t feeling well or are showing symptoms, reschedule your appointment or ask about alternative means of meeting.

  1. For now, our clients and friends in hospitals or nursing homes can’t count on us to visit as we used to. However, facilities usually have people on hand who can witness and notarize signings. They also have internet connectivity. So, you or your loved ones’ documents might still get created, updated, and signed in most cases, even though we can’t physically be together. These days, given the current realities, it is more important than ever that especially vulnerable people get current documents in place.

Now is the time to make sure you and yours have the proper documents in place, so your trusted person can handle legal, financial, and health-care decisions for you if you cannot do so yourself. Take the few easy steps to get prepared.  We can help prepare these important documents and guide you through the decision-making process. Please contact our office by calling us at (513) 771-2444.

May we all stay safe and well.

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Olivia K. Smith, Attorney at Law
Cornetet, Meyer, Rush & Stapleton Co., L.P.A.
123 Boggs Lane,
Cincinnati, Ohio 45246
Tel: (513) 771-2444
Fax: (877) 483-2119
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Olivia K. Smith, Attorney at Law
Cornetet, Meyer, Rush & Stapleton
123 Boggs Lane
Cincinnati, OH 45246
Phone: 513-771-2444
Fax: 877-483-2119
oksmith@cmrs-law.com

Family Law Attorney Olivia K. Smith, LLC represent clients in Cincinnati, Anderson Township, Batavia, Loveland, Mason, Milford and other communities in Hamilton County, Clermont County, Butler County and Warren County.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact me and welcome your calls, letters and electronic mail. Contacting me does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

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