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Cleveland Legal Issues Blog

What is Medicaid planning?

Probably one of the biggest causes of the so-called middle class squeeze is the high cost of healthcare, particularly as a person ages and requires more medical assistance.

By way of example, should someone who has worked hard to accrue some modest assets need to enter a care facility at the end of their lives, then they may see their entire legacy eaten up by nursing home bills.

Considerations when a divorce involves a family business

Many people in Cleveland and other parts of the greater Chattanooga area, as well as those throughout Southeast Tennessee, have invested a lot of time and energy in building up a family-held or other small business. For many, their share in the business is their most valuable financial asset.

What this means is that in the event of a divorce, or sometimes even in the event of breakup between an unmarried couple, a lot is at stake. In addition to the fact that a person stands to lose a good chunk, perhaps around half, of his or her investment to the other spouse, the divorce could also spell the end of the business altogether.

How do I appeal a VA disability decision?

Many veterans in Tennessee have suffered some sort of disabling injury or illness in connection with their service to the country. In these circumstances, the veteran can apply for disability benefits through the Department of Veterans Affairs.

These veterans benefits work differently than, say, Social Security disability benefits. One important difference is that a veteran can be found partially disabled and receive payments commensurate with a partial disability. In the world of Social Security, either one is unable to work or is capable of employment and thus not eligible for disability payments.

Grounds under which one can challenge a will

Creating a will is an important step for almost anyone in Southeastern Tennessee to take. Doing so can save a lot of trouble for one's family after one's death, as a well-drafted will should give clear instructions about how a Cleveland resident wants her property handled after she dies.

However, while an important estate planning device, a will is no guarantee that our state's probate process will go along without a hitch. After all, a disgruntled family member may challenge the validity of a will for a number of reasons.

Divorce debts: Creditors might still contact you for payment

With any divorce, there is a potential for debt to be divided between you and your ex-spouse. If it's marital debt, then both of you may be responsible for the debts after your marriage ends, even if the debts are assigned to only one person.

If the person responsible for those debts doesn't pay, the credit card company could come looking for you to pay what's owed. If that happens, you might find yourself in a difficult position and need to find a way out of debt to protect your finances. While you can seek to hold your ex-spouse responsible for the debts, the creditors will continue to pursue you for the money they need in the meantime. If your ex goes into bankruptcy, then you may be the one who has to shoulder the burden in the end.

What types of benefits are available to veterans?

The term veterans' benefits actually refers to a number of federal programs that those who have served the United States can take advantage of. These programs are often essential in allowing a soldier, sailor or airman, once his or her service is complete, to transition smoothly in to a successful civilian life. This country's veterans truly deserve no less.

There are four basic programs that, collectively, get referred to as veterans benefits:

What happens if the family can't agree on an executor?

When a Tennessee resident dies without a will, it may be difficult for the family to decide who should be the executor of the deceased person's estate. To review, an executor is a person appointed by the probate court to gather the deceased's property, pay off debts, and then distribute the balance to the person's lawful heirs. It is a powerful position that also comes with a great deal of responsibility.

Fortunately, Tennessee law offers some guidance to families in the Cleveland area when a loved one dies without a will. Generally speaking, a court will give first priority to the deceased's surviving spouse.

Can bankruptcy help me save my home?

Many Cleveland, Tennessee, residents probably realize that they are in financial trouble, or at least understand fully how bad things have gotten, when they can no longer pay their mortgage.

Even the most patient of lenders will eventually start foreclosure proceedings once a person has missed some payments, and the thought of losing one's home is scary on many levels.

How does probate work in Tennessee?

Many people living in Cleveland, Tennessee, and in the other neighborhoods in and around Chattanooga may have a natural desire to plan their estates so as to avoid probate. The probate process has, after all, gotten somewhat of a bad name in recent decades as a time-consuming and expensive legal obstacle.

There may be good reasons a Tennessee resident wants to create an estate plan that avoids probate, and how hard one wants to try to do so is ultimately a personal decision one should make with his or her attorney. Still, it is helpful to have a better understanding of what exactly a person is avoiding.

Consider these questions before choosing bankruptcy

Bankruptcy is truly a last-ditch effort to get your finances back on track, and it's great for doing that. However, before you choose bankruptcy, you should learn more about the types there are and what they can do for you.

Did you know that there are two main types of personal bankruptcy you could apply for? These include Chapter 7 and 13, both of which can help you get your finances back under control. If you don't qualify for Chapter 7, liquidation bankruptcy, due to your income, then Chapter 13, which allows you to make payments on a schedule for the next three to five years is a good choice.

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Miller Law Firm

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Cleveland, TN 37311

Phone: 423-464-6852
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