@luchetti_law

01 December 2007

Executors, Probate and the Summer Season

Be prepared for summer family get-togethers. If you are an Executor of an Estate this means that you can expect to be asked questions by the beneficiaries.
Make sure you know these dates (or possible dates): Notice of intended application for probate; Probate; Notice of intended distribution.
Will there be an interim distribution? There often is so, when will it be likely to happen and when can the final distribution be made?
Arrange a progress report from your solicitor along with a copy of the Estate account or Trust statement. Check if you need an updated one closer to the date of the family gathering.
The Fast Answers on Estates from the Law Society has more..

02 July 2007

Health care decisions

Every person has the right to refuse (or accept) medical treatment, but the difficulty arises when you wish to ensure that you receive the treatment that you want when you are not able to make your preferences clear.
Also you need to make your wishes about your future health care clear while you still have what is called "capacity". Some informal ways of doing this are by making your wishes known to friends, relatives and your doctor, and by writing your wishes down.
There are also formal, legal ways to make sure that your wishes are respected. These are called; enduring guardianship and advanced health care directives or living wills. See us to draw these up for you or see the following links for further information: lawsociety.com.au
It is a Living Thing [luchettilawyers.com.au/itsalivingthing.asp]

09 May 2007

When to make a will

Look at your will when some part of your living arrangments change.
These include getting married, the birth of a child, moving to a new house or the acquision of some other property.
Making a will boils down to these four questions:
1. What are you worth?
2. Who do you want to have it next?
3. Who will be your Executor (someone you trust to make that happen)?
4. What can be done to make it easier and/or clearer?
Also think about where can you put your will so that people know where to find it when the time comes (and maybe, not before).
Answer these questions on our will form.
to see if you need to take the next step.
Also have a look at what the Law Society of NSW has to say on this topic:
lawsociety.com.au/page

20 March 2007

Caring for an older family member

There is an association for relatives and friends who are caring for people with a disability, mental illness, chronic condition or who are frail aged.
Carers NSW produces several fact sheets with information about support for carers, financial assistance and legal issues.
Topics include:
* Caring for an older person
survivingthemaze.org.au/..CaringNsw
* Dealing with Hospitals
survivingthemaze.org.au/...bcfcHospitalnsw
* Considering Residential Care
survivingthemaze.org.au/...consideringnsw
* Caring for someone in Residential Care
survivingthemaze.org.au/...BCFCResiCare
The information is sometimes specific to NSW and the full list can be seen at the CarersNSW site:
carersnsw.asn.au/infosupport
For other states see:
survivingthemaze.org.au/BCFC


140 page PFD file

20 February 2007

Emails when you die

When contemplating a will think about how people can be contacted about your death.
If you live a life that uses a lot of email then you may have to leave your passwords where your executor can find it.
They may need to access your inbox (or contacts list) to let your friends know that you've died. If the email account is a free one then this may have to happen urgently before the account is deleted.
smh.com.au/.../what-happens-to-your-emails-when-you-die
Update:
Keeping important records where they can be found in case of your mental decline or after you are gone.
That once meant storing papers in a safe or a file cabinet at home, in a safe-deposit box or with a trusted adviser. Even if the record keeping was spotty, there was a paper trail, starting with bills and statements that showed up in the mail.
But that trail has become harder to follow as more people manage their finances online.
nytimes.com/../your-money/estate-planning/

12 February 2007

Describing Medical Symptoms

Many of our clients are of an age where they are getting aches and pains where none previously existed. So a tip like this may be welcome.
Make the most of your doctor's appointment by giving the doctor the information in the same format they learnt in medical school.
* Make an up-to-date patient profile for yourself
* Describe your basic reasons for the visit (in one or two sentences)
* Point to the location of your symptoms
* Use adjectives to describe your symptoms
* Rate your symptoms
* Recall the onset and timing of your symptoms
* Describe the setting and your condition when the symptoms occurred
* Explain what makes the pain better or worse
* List other things that happen at the same time
* Talk about your symptoms, not your diagnosis
[more..]

19 January 2007

Mortgage identity fraud

Note that due to recent problems in this industry the authenticity of a Certificate of Title will be checked with the LPI’s Queens Square office in the following circumstance:

  • the title is unencumbered

  • you are offering it as security for a loan, and

  • the title is a computerised title dated prior to January 2004.


See the Lands Department for more.