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MARRIED IRA OWNERS SHOULD UPDATE ESTATE PLANS

Posted on February 8, 2020 by Jeff Hawkins.

Married IRA owners should update estate plans to address SECURE Act changes to IRA taxation and new Indiana Medicaid policy. This article explains why.

MEDICAID & PRENUPTIAL AGREEMENTS – PART 2

Posted on April 18, 2019 by Jeff Hawkins.

This conclusion of our two-part series about Medicaid and prenuptial agreements explains how Medicaid treats prenuptial agreements.

MEDICAID & PRENUPTIAL AGREEMENTS – PART 1

Posted on March 28, 2019 by Jeff Hawkins.

This article begins a 2-part explanation of how Indiana Medicaid deals with a remarried couple’s assets when one spouse requires nursing home care if the couple made a prenuptial agreement before they married.

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🔹 INTRO This “Contact Us” form helps us understand your questions so we can determine how to respond. However, professional responsibility rules in Indiana and Illinois limit how we may communicate with you and how your information may be used. Please read the following information carefully and confirm your understanding before submitting this form. / 🔹 PROFESSIONAL RESPONSIBILITY DISCLOSURES: / 🔹1. NO ATTORNEY-CLIENT RELATIONSHIP (INDIANA & ILLINOIS RULE 1.18 / 7.3) Submitting this form does not create an attorney-client relationship. We do not represent you and will not act on your behalf unless and until we expressly agree to do so in writing. You remain responsible for all legal deadlines, including court dates, filings, and notices. / 🔹2. PROSPECTIVE CLIENT STATUS & LIMITED CONFIDENTIALITY (RULE 1.18) By submitting this form, you may be considered a prospective client. Under Indiana and Illinois Rules of Professional Conduct: • We may have a duty not to use or reveal information you provide • However, this protection is limited and does not create full attorney-client privilege 👉 Important: You should not submit highly sensitive or confidential information until we have confirmed that no conflict exists and agreed to represent you. / 🔹3. NO GUARANTEE OF CONFIDENTIALITY (RULES 1.6 & 1.18) Information submitted through this form may not be protected by the attorney-client privilege. While we will make reasonable efforts to protect your information consistent with our ethical obligations: • Privilege generally applies only after an attorney-client relationship is established • Electronic communications and third-party systems may not be secure / 🔹4. CONFLICTS OF INTEREST (RULE 1.7 / 1.18) We may be unable to respond to your inquiry if it involves: • A current or former client • A matter creating a conflict of interest • Submission of this form does not prevent us from representing other clients in the same or a related matter unless an attorney-client relationship is formed. / 🔹5. THIRD-PARTY COMMUNICATIONS Information shared in the presence of or with third parties (including family members or friends) may not be protected by attorney-client privilege. / 🔹6. INTAKE REQUIREMENTS Ethical rules require us to gather sufficient information before: • Providing legal advice • Agreeing to represent you We may need additional information before responding substantively. / 🔹7. REFERRALS If appropriate, we may recommend other legal counsel. Any information shared remains subject to the limited confidentiality protections described above, not full privilege. / 🔹8. FEES AND BILLING TRANSPARENCY (RULES 1.5 / 7.1) Initial consultation fee: $375 (may be waived if you retain us). No obligation to hire us. Most services are provided on a fixed-fee basis. Some matters may require hourly billing. Only attorneys Jeff and Jennifer Hawkins may set legal fees.

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CONFLICTS OF INTEREST REMINDER: If your inquiry involves one of our current or past clients, the Rules of Professional Conduct may prohibit us from discussing the matter with you. We will try to preserve your privacy about this inquiry to the extent permitted under the Rules of Professional Conduct.

What is the name of the living or deceased person that the tension or disagreement concerns?*

Who is the focus of tensions? For example, this person may be an elderly person whom someone believes needs nursing home care, or the person may be a deceased person about whose assets other people may be arguing.

Please briefly describe the issue or question behind the tension or disagreement.*

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NOTE: If the matter concerns one of our current or past clients, the Rules of Professional Conduct may prohibit us from discussing the matter with you. We will try to preserve your privacy about this inquiry to the extent permitted under the Rules of Professional Conduct. Hawkins Elder Law has not yet accepted responsibility to advise or represent you or a person you are trying to help. The firm will not be responsible for any harm that may result from failure to respond to a summons or notice of a court hearing unless the firm agrees to become involved in the case. Your communication to us in this form does not create an attorney-client relationship. Therefore, the information that you provide may not be protected by the attorney-client privilege of confidentiality. However, we will try to preserve your privacy to the extent permitted under the Rules of Professional Conduct. If we refer you to other legal counsel, your responses to these questions will help us connect you with a reputable lawyer or law firm.

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What is the case number on the first page of the court documents?

The words "cause number" or "case number" may precede the number, and the number may include a combination of letters and numbers. Please provide the number exactly as it appears on the document.

Did you or or someone else receive a summons or notice of a court hearing from the court?*

A summons or notice could have been published in the newspaper or delivered personally by a deputy sheriff, by certified mail or email, or a deputy sheriff leaving a copy attached to the front door of someone's home or place of business.

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What is the date when you or the other person received the summons or notice?*

The precise date is critically important. Just one day can make a difference whether you get to contest the matter or the court enters a ruling by default.

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Has the court set date and time for a hearing?*

If you received a paper that is a copy of an order or a notice that says something like "notice of hearing," it probably gives the date, time, and location of the hearing.

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If you can scan or photograph the summons or notice with your smart phone, we would like to receive a copy of the document so we can examine it.

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Someone from Hawkins Elder Law will follow-up with you shortly. Meanwhile, please go to our "Intake Forms" page on this website, download our "Estate Plan Checklist (Couples & Unmarried Clients)" and begin gathering the records and information that it describes so we can discuss how your question relates to those items. Please also download and complete whichever of our "Estate plan Questionnaire (Couples)" or "Estate Plan Questionnaire (Single Clients)" applies to you. One of our staff members will offer ways for you to deliver the completed questionnaire to us so our lawyers can prepare to discuss your question.

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Please describe what you want to discuss with us. However, remember that the attorney-client privilege of confidentiality that we described at the beginning of this inquiry form may not apply. So, give us enough information to understand the services or information you need without revealing information that someone opposing you may use against you.

Do you believe that a family member already needs nursing home care or may need nursing home care within the next year?*

If You believe someone is going to need nursing home care very soon, the person's family may need to start preparing and organizing records and information to apply for financial assistance to pay nursing home expenses.

Yes

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Someone from Hawkins Elder Law will follow-up with you shortly. Meanwhile, please go to the “Intake Forms” page of this website, download our Medicaid Client Checklist, and begin gathering the records and information that it describes so we can discuss how your question relates to those items. Please also download and complete our Medicaid Client Questionnaire from the “Intake Forms” page. One of our staff members will offer ways for you to deliver the completed questionnaire to us so our lawyers can prepare to discuss your question.

Someone from Hawkins Elder Law will follow-up with you shortly. Meanwhile, please go to the “Intake Forms” page of this website, download our Estate Plan Checklist (Couples & Unmarried Clients), and begin gathering the records and information that it describes so we can discuss how your question relates to those items. While you are on the “Intake Forms” page, please also download and complete whichever of our Estate plan Questionnaire (Couples) or Estate Plan Questionnaire (Single Clients) applies to your situation. One of our staff members will offer ways for you to deliver the completed questionnaire to us so our lawyers can prepare to discuss your question.

Have you or your family received a written complaint or demand to pay money or deliver something?*

It is important to know whether all communications have been by phone or you have received something in the mail, or by email or fax.

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What is the name of the person or company that sent the written complaint or demand?*

Please briefly describe the nature of the creditor's claims about the debt.

NOTE: We don’t need all the details. We just need to understand the kind of debt collection issue you want to discuss. If we refer you to another legal counsel, your responses to these questions will help us connect you with a reputable lawyer or law firm. If all communications by the debt collector have verbal following conversations, you may want to demand a written statement of the debt and proof of your obligation. ADDITIONAL NOTE: If the matter concerns one of our current or past clients, the Rules of Professional Conduct may prohibit us from discussing the matter with you. We will try to preserve your privacy about this inquiry to the extent permitted under the Rules of Professional Conduct. Hawkins Elder Law has not yet accepted responsibility to advise or represent you or a person you are trying to help. The firm will not be responsible for any harm that may result from failure to respond to a summons or notice of a court hearing unless the firm agrees to become involved in the case. Your communication to us in this form does not create an attorney-client relationship. Therefore, the information that you provide may not be protected by the attorney-client privilege of confidentiality. However, we will try to preserve your privacy to the extent permitted under the Rules of Professional Conduct. If we refer you to other legal counsel, your responses to these questions will help us connect you with a reputable lawyer or law firm.

Do you intend to sell something to your family for a sale price similar to the price you would expect to receive in a sale to someone outside your family?*

Their various issues we would need would address, depending on your answer to this question. It is not a trick question. We just need to know what you want to do so we can advise how to do it with minimal problems.

Yes

What is the buyer's name and family relationship to you?

Please give the buyer's legal name, including middle initial. The family relationship may not create any issues, but it helps us to know how people are connected to each other.

What are the sale details?

Someone from Hawkins Elder Law will follow-up with you shortly. Meanwhile, please describe the basic details of the sale, including a description of what you’re selling, the sale price, and any other important terms or details.

You are describing something that may trigger long-term financial consequences. We will need some background information so we can advise you appropriately. Someone from Hawkins Elder Law will follow-up with you shortly. Meanwhile, please go to the “Intake Forms” page of this website, download our Estate Plan Checklist (Couples & Unmarried Clients), and begin gathering the records and information that it describes so we can discuss how your question relates to those items. While you are on the “Intake Forms” page, please also download and complete whichever of our Estate plan Questionnaire (Couples) or Estate Plan Questionnaire (Single Clients) applies to your situation. One of our staff members will offer ways for you to deliver the completed questionnaire to us so our lawyers can prepare for a discussion of what you want to accomplish.

Who is the buyer?*

Please provide the buyer's legal name, including middle initial. If The buyer is more than one person, such as a husband and wife, please provide each person's name.

Please provide the primary buyer contact's address.

If there are multiple buyers other than a married couple, we may request their contact information later. For now, we just need contact information for the main person with whom you dealing in this transaction.

Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country

What is the email address for the main buyer representative?

We find that transactions can move faster if we can share documents by email, so please provide the buyer's email address. If the buyer is using an attorney, please Identify the attorney's name when we ask for the transaction details in the next field.

Please provide the transaction details.

Are you starting the business by yourself or with other people?*

We are excited about your new business. We need answers to the following series of basic questions so we can advise you effectively and help you succeed.

I am going into business by myself.

I am going into business with other people.

Please give the other people's names, addresses, phone numbers, and email addresses.

We can move more quickly if we know how to contact all business owners.

Please describe the business and tell us who will be the business's accountant.

Some businesses are subject to state or federal regulation, and all businesses have tax issues. If we know what kind of business you are developing and we can coordinate with your accountant, we may help you get started on the right foot with the government.

What is the nature of the proposed sale, lease, or easement?*

Please select the applicable natural resource or transaction type.

In which county is the property located?*

Although we have represented clients in many natural resources deals over the past three decades, we may refer you to experienced counsel if we think someone could serve you more effectively. The property location may help us determine which lawyers would be best for your transaction.

Please describe the proposed deal.

We want to know the name of the person, company, or agency with whom you are discussing the proposed transaction. We also want your understanding of the transaction's basic details. Some natural resources transactions, such as leases for coal, solar panel fields, and wind turbine farms, have complex terms that can't be described in this space. We would need to see the documents to get up to speed with you on those transactions. We will give you an upload field in a moment so you can share those documents with us.

If you have drafts of the proposed agreement documents, please upload them here.

You should be able to upload draft of the proposed agreement documents in the upload field below by dragging and dropping or browsing to the documents. We can accept Word and PDF document formats.

Drop files here or

Accepted file types: doc, docx, pdf, Max. file size: 30 MB, Max. files: 5.

What are the names of the property owners that are challenging your boundary line?*

NOTE: If one of the other property owners is one of our current or past clients, the Rules of Professional Conduct may prohibit us from discussing the matter with you. We will try to preserve your privacy about this inquiry to the extent permitted under the Rules of Professional Conduct. Hawkins Elder Law has not yet accepted responsibility to advise or represent you or a person you are trying to help. The firm will not be responsible for any harm that may result from failure to respond to a summons or notice of a court hearing unless the firm agrees to become involved in the case. Your communication to us in this form does not create an attorney-client relationship. Therefore, the information that you provide may not be protected by the attorney-client privilege of confidentiality. However, we will try to preserve your privacy to the extent permitted under the Rules of Professional Conduct. If we refer you to other legal counsel, your responses to these questions will help us connect you with a reputable lawyer or law firm.

In what county is the property located?*

We generally refer property boundary disputes to experienced counsel that accept boundary dispute engagements. We need to know the county where the property is located so we can find experienced counsel in that area.

What other important details do you want to discuss with us?

Please share any other information that we should know to help us respond to your inquiry effectively. If one of your previous answers describes the matter fully, please say something like "see above." NOTE: Your message does not creates an attorney-client relationship with Hawkins Elder Law, so your message may not be protected by the attorney-client privilege of confidentiality. However, we intend to preserve your privacy as much the Rules of Professional Conduct allow.

Your Name (including your middle initial)*

If you use a nickname or a short version of the first name, such as "Bob" or "Beth," please use the full or long version of the name Such as "Robert" or "Elizabeth" unless your legal name is the short version. You can give us your preferred name in the next field.

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We work on regular business days (Monday through Friday, except holidays) from 8:30 AM Eastern (Indiana time, not Illinois time) to 4:30 PM Eastern. While we can't promise that we'll call at a specific time, we'll try to avoid calling at a time that is inconvenient for you. So, please use the drop-down menu below to give us the time of day when you prefer that we call.

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Street Address Address Line 2 City State / Province / Region ZIP / Postal Code

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Street Address

999 North Section Street
Sullivan, Indiana 47882

Mailing Address

Post Office Box 382
Sullivan, Indiana 47882-0382

Telephone

812-268-8777