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'Moore Law' Viewers ask Elder Law Lawyer about Protecting Assests

Elder law lawyer Karen Rolcik from the West Chester, Ohio-basedRolcik Law Office joined Moore Lawattorney co-host Don Moore and his son, Cincinnati personal injury lawyer Dan Moore, to discuss “Grandpa and the Law.” Dan touched on how issues such as wills and trusts can affect certain personal injury cases that the Moore Law Firm deals with. “When somebody gets hurt in a car crash or a medical malpractice case, oftentimes we need to get the medical records or start investigating that case,” Dan said. “And if we don’t have some of these documents we’re going to be talking about today executed, it can be a real problem.”

Karen said that Don was correct in noting that a person with a will gets to say what happens to his or her property, but the state controls the matter when there is not a will in place. “There are many cases where an individual has passed away and they don’t leave will,” Karen said. “One of the common things that is happening is people—husbands and wives—own real estate together, they own their home together, and it’s not in what we call survivorship deed. So it’s in both of their names, and then when the surviving spouse wants to sell the property, we may be able to do a simplified probate, but we still have to get the title into the name of the surviving spouse so they can thereafter sell it.”

Questions from Moore Law viewers included John in Morning View wondering how he could protect his property as a single person in the event that he became suddenly incapacitated, Beth in Cincinnati talking about being the only one of her siblings to care for her father, Sarah in Hamilton asking about a will her husband had set up but did not sign before passing away and Audrey in Cincinnati saying that there was uncertainty about assets in another state after her father, his mother and her aunt all passed away.

Covington, Kentucky medical malpractice lawyer Jennifer L. Lawrence from The Lawrence Firm, PSC will join Don next week whenMoore Law host and local TV journalist Deb Haas returns and viewers ask questions about “Health Care Negligence.” The next show airs live on Monday, June 25, 2012, at 9:30 a.m. on WXIX-TV, FOX19.

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