By: ELPO Law Attorney Leah Morrison (lmorrison@elpolaw.com; 270-781-6500; Read bio) The end of the year is just around the corner! That means most of us are focused on spending the holiday season with friends and family and looking forward to what the New Year may hold. If you’re planning on celebrating the holiday season with friends and family, you may notice some changes. Your parents might seem older and more fragile. Maybe there are new spouses, in-laws, children, or grandchildren. And, sadly, some beloved family members may not be with you anymore. These changes can be a reminder that y ..read more

By Nathan Vinson, ELPO Law Partner (Read bio; nvinson@elpolaw.com; 270-781-6500) Nathan Vinson Here at ELPO Law, we have been asked by many clients throughout the years to advise on and implement changing a company’s state of organization from out of state to Kentucky.  Historically, the procedure appeared to be fairly uniform across the states, usually invoking the merger statutes of the two states involved – the current jurisdiction of the entity’s organization and the jurisdiction to which the entity desires to relocate.  In recent years, more states are adopting “domestication ..read more

By: Leah Morrison (Read bio; lmorrison@elpolaw.com; 270-781-6500) One of the most frequent things I hear from potential clients is “I don’t have much, so I don’t need a will.” If you do not have substantial assets, then you may be wondering if this is true. Of course, the answer is unique to you and your family situation. In some cases, where someone qualifies as a small estate and is survived by a spouse or children, then a will is only necessary if you want to change where your assets go under the default law. But in cases where a full probate is required, unintended consequences may arise w ..read more

Joye Beth Spinks By: Joye Beth Spinks (Read bio; 270-781-6500; jspinks@elpolaw.com)  Plaintiffs and companies alike may be impacted by shifting jurisdictional boundaries based on a recent Supreme Court decision. On March 25, 2021, the Supreme Court issued a decision in Ford Motor Company v. Montana Eighth Judicial District (consolidated with Ford Motor Company v. Bandemer). There were two lawsuits at issue, involving automobile accidents in Minnesota and Montana. The first suit alleged that 1996 Ford Explorer malfunctioned, killing the plaintiff. In the second suit, the plaintiff claime ..read more

By ELPO Law Partner Nathan Vinson The IRS announced on Wednesday that it will push back the tax return filing and payment deadlines for individuals to May 17 from April 15 partly due to the new $1.9 trillion relief law and its impacts on 2020 individual income taxes. We emphasize that this extended deadline is only for individuals, and not partnerships, corporations, or other filing entities. It also does not apply to paying estimated first quarter 2021 taxes, if you happen to fall in that category. Of course this is the case for now, but all could change in the next coming days. Regardless, t ..read more

By Leah Morrison            Powers of Attorney are a crucial estate planning document and are a critical step in planning for incapacity. A power of attorney allows a person you appoint the written authorization and power to act on your behalf in business, legal, financial, and medical matters. This is usually a trusted family member. If the right power of attorney is put in place, then once incapacitated, the agent (or person appointed under the power of attorney) can step in and take care of the principal’s legal and financial affairs. Without the right power o ..read more

Believe it or not, the end of 2020 is quickly approaching (insert collective sigh of relief). While I think most of us are ready to start looking forward to 2021 and would prefer to not even have to utter the words 2020 anymore, now is the time to finish off the year strong by reviewing simple, yet important, year-end tax planning and wealth transfer tips. When most people think of tax planning and wealth transfer, they may have in mind complex estate planning documents and an overload of legal and accounting advice.  But that doesn’t have to be the case.  Here are three simple tips ..read more

Nathan Vinson By Nathan Vinson Right at two years to the date, Kentucky has again changed its power of attorney law by adopting parts of the Uniform Power of Attorney Act that it did not adopt as part of the changes that went into effect on July 14, 2018.  The new law went into effect on July 15, 2020, and applies to a power of attorney created before, on, or after July 15.  However, acts done before July 15, 2020 are not affected by the new law. The biggest change created by the 2018 law was the requirement that the power of attorney be witnessed by two disinterested persons, thou ..read more

By Charles E. “Buzz” English, Jr. Buzz English Has this happened to you… You sold the goods or provided the services.  The client or customer never questioned the bill or raised any quality issues.  You’re not making an abnormally large profit on this transaction… you just are just looking to get paid so that you can pay your bills. Normally, if a customer does not pay, you would consider pursuing legal action. But, as we are all well aware, we are in the midst of a pandemic.  Unemployment is at the highest level of modern times.  The latest estimate is that as many as 30 ..read more

Leah Morrison By: Leah Morrison Number One: Medicaid is not Medicare. Medicare is a federal health insurance program for people 65 years of age and older and for people under 65 who are totally and permanently disabled. Medicare is not means tested.  Medicare provides limited coverage for nursing home stays- only up to 100 days, after meeting eligibility requirements. Medicaid is also a federal program that provides insurance coverage, as well as in-home, assisted living, and nursing home benefits.  Medicaid is a means tested program, meaning the applicant must have income and reso ..read more