LAW OFFICES OF BRADLEY J. FRIGON                                           
6500 S. Quebec Street, Suite 330
Englewood, CO 80111
720-200-4025     720-200-4026 (fax)
In This Issue
Compulsive Hoarding
 
Quick Links
 
 
 
 
 
 
 
NewsNews & Announcements 
Brad Frigon spoke at the National Alliance on Mental Illness (NAMI) National Convention this month on "Tax Planning and Planned Giving in a Special Needs Trust."
 
Brad was interviewed for an article in the July issue of Kiplinger's Retirement Report about special needs planning for seniors.
 
Brad and Eric's article "Which Special Needs Trust, When and Why?" was published in the NAELA Journal! (2009, volume 5, number 1)
 
The TODAY Show recently featured special needs planning and promoted the Special Needs Alliance during Jean Chatzky's "Money 911" segment. Click here to watch the video and read the article!
 
Brad presented "Special Needs Trusts Part II" for the ALI-ABA Telephonic Conference last month.
 
Brad Frigon was recently a featured presenter for a National Academy of Elder Law Attorneys (NAELA) Telephonic conference on Medicare's Interest in a Personal Injury Settlement.  
 
Brad was a faculty presenter at the Colorado Bar Association (CBA-CLE) Estate Planning Retreat in June. 

The Law Offices of Bradley J. Frigon is a new member of the Better Business Bureau (BBB).
 
      Are you looking for a speaker for your next group luncheon or networking event? Call us at 720-200-4025 and schedule a speaking event with one of our attorneys. It will be informative and interesting!
 
 
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Have questions about attending local programs? Contact us at 720-200-4025 for more information.
 
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Legal Link             
Your Personal Guide to Estate, Probate and Long-Term Care Planning 
July, 2009 
 Dear Clients and Friends,
 
      This month we discuss a recent thank you note from a client who went through years of legal problems dealing with her step mother with a compulsive hoarding disorder. This disorder along with a poorly written will nearly prevented our client and her siblings from retrieving their deceased father's family heirlooms. 
 
      Thankfully, we helped our client reach a successful resolution. As our client learned along the way, estate planning considerations with a second marriage can be very tricky and a poorly written will can cause years of family animosity and conflict. Read more in our article on Compulsive Hoarding. 
 
      The Law Offices of Bradley J. Frigon is committed to providing quality personalized legal services with the highest level of integrity and professionalism. We assist clients with wills, trusts, probate and trust administration, probate litigation, Medicaid and public benefits planning, tax planning, guardian & conservatorships, special needs trusts, and small business planning.
 
      As always, we hope that you enjoy the articles in our newsletter. Your comments and questions are important to us. You may send them to tlusk@bjflaw.com.
 


Client Testimonial      

     "Dear Mr. Frigon,
 
     Thank you for our telephone conversation recently. I appreciate your grounded nature when asked about the realities of going through with a lawsuit. I do appreciate you taking my call that day. Thank you very much."
 
                                                - Tammy D. - Denver, CO
 
socialsecurityCompulsive Hoarding
by W. Eric Kuhn and Bradley J. Frigon
 
thank you note      We are glad when we can make a positive difference in the lives of our clients and help them reach a successful conclusion. A recent note from a valued client tells us the rest of the story and says, "Thanks for making a difference."
 
      Our client's father had remarried after the death of his first wife. After the father remarried, he changed his will to leave his house in trust for the benefit of his new wife, who we will call Marcy. The terms of the will provided that Marcy could live in the house for her life or as long as she occupied the home as her principal residence. Marcy was named as the trustee and the executor of the will. The house was to eventually pass back to the children upon Marcy's death or if she no longer occupied the home as her principal residence.
 
      Marcy eventually developed compulsive hoarding, thought to be a subset of obsessive compulsive disorder. After our client's father passed away, the children wanted to retrieve family photos and other personal items. While Marcy never really questioned our client's entitlement to those objects, she refused to let the children in the house to collect their father's personal items.

      As time went on, Marcy's hoarding eventually reduced her home to greater and greater squalor. She became isolated and would not let anyone in the house. Finally, a neighbor purchased the home when Marcy, due to health problems, had to move out of the house. After the neighbor purchased the home, our clients were allowed inside the home to search for any remaining family heirlooms. Our clients shared this letter with our office.

March 30, 2009

Dear Eric,

I wanted to send thanks for all the work you did for me and my siblings. I thought you might like to know how the story ends.

On Tuesday, February 10, my husband and I and my brother met the new owner (who was also the neighbor) at Dad's old house. Marcy had left town the Saturday before. The conditions inside the house were much worse than any of us could have imagined. It was like walking through a landfill. There was garbage, trash and debris, along with brand-new merchandise which had been thrown on the pile. The piles ranged from one to five feet in depth. There was no access to the toilet or running water, as every surface was buried with stuff. The smell was horrific. Two refrigerators and one freezer were stuffed with rotting food and dead maggots. It took two days to work through it and to retrieve our family things, and much of what we had asked for was gone. We wore masks and gloves, and it still took a few days to get back to normal with our respiratory systems.

The new owner couldn't have been nicer. She helped us shovel paths to different rooms and gave us total freedom to take what we wanted. We recovered a lot, and most precious are the photographs and the letters my parents wrote to each other during World War II. There were letters to my mother from a woman in Wales from 1944 to 1952, and I have located her with the help of the Internet. She is in her 80's, still in Swansea, Wales, and she and I will be corresponding. What a gift!

Dad's house is now gone. The new owner had hazardous things removed, then a backhoe took care of the rest. She is now in the process of establishing a beautiful garden and has invited us to visit once she is done. When I went by last week and sat in my car looking, I found that a smile had formed on my face, and I breathed a sigh of relief. It's finally over. "Ding-dong, the witch is dead." I'm sending you a few photos so that you can see the "before." Maybe you can drop by and see the "after" later this spring!

Best regards to you and Brad.

      As our client had the misfortune of learning the hard way, compulsive hoarding is not just a desire to hold on to things. It is a syndrome that can be present with several different psychological disorders. It can lead to isolation and can be physically dangerous, particularly in elderly adults.
 
      Our client's problem was compounded by the fact that the father's will was poorly written. The children had limited recourse to remove Marcy as trustee and there was no means for the children to force Marcy to repair and maintain the home. Because of the way the father's estate plan was set up, the children had to choose between spending money to fight Marcy and the illness she was suffering from or risk their childhood mementos being destroyed.
 
      Estate planning considerations with second marriages can be very tricky, and a poorly written will can end up costing a family thousands of dollars in unnecessary legal bills or placing family members in more complicated and difficult relationships than are necessary.
 
      For more information about compulsive hoarding, please visit the Obsessive Compulsive Foundation at http://www.ocfoundation.org/hoarding/about-hoarding.php or Children of Hoarders at http://www.childrenofhoarders.com/Pages_Understanding_Tmt.php.
 




QandAQuestion
"I am being told that I have to spend down all of my money before I apply for Medicaid. Is this sound advice?"
 
Answer 
Spending down is almost always unnecessary for a married couple. If the only advice you are receiving is to spend down your money, then you are talking to the wrong person. 
 
Call us at 720-200-4025 today to set up an initial consultation to discover your options. 
 
Read more at www.bjflaw.com 
 
Sincerely,

Law Offices of Bradley J Frigon
The Law Offices of Bradley J Frigon
6500 South Quebec Street, Ste. 330
Englewood, CO 80111
Phone: 720.200.4025     Fax: 720.200.4026