Elder Law Attorneys in Overland Park, KS

Trust the Elder Law Attorneys at Paths

Paths Lawyer

At Paths Law Firm, we recognize that aging brings legal, financial, and emotional challenges.

Whether you're in the midst of long-term care planning or responding to an immediate need, our elder law team in Overland Park, KS, provides compassionate, experienced guidance tailored to your family’s unique situation.

We stand by you to maintain your independence, safeguard your legacy, and preserve health care decisions with dignity and respect.

Our elder law services include Medicaid planning, estate design, guardianships, special needs trusts, and veterans’ benefits.

With a personalized approach and decades of legal expertise, our mission is to help Johnson County families feel confident about the present and secure for the future.

Why You Need an Elder Law Attorney in Overland Park

Long-term care costs in Kansas continue to rise, placing significant stress on families. According to the Genworth 2024 Cost of Care Survey:

  • Semi-private nursing home room in Kansas: $7,756/month

     

  • Private nursing home room: $8,517/month

 

Without proactive elder law planning, these costs can deplete retirement funds, assets, and emotional security. Our attorneys help families:

  • Prepare for long-term care expenses

     

  • Protect family assets

     

Reduce legal stress during health crises

 

Local Stats for Overland Park

  • Growth of Senior Population: Overland Park’s 65+ population has grown by 15% since 2010, highlighting growing demand for elder-focused legal services.
  • Multigenerational Households: Only 0.8% of households are multigenerational, meaning grandparents, adult children, and grandchildren do not share a home. This demonstrates the need for coordinated estate planning and clear legal authority.
  • Seniors with Disabilities: About 8.8% of residents over age 65 in Overland Park report a disability. That number increases to 15.6% among those aged 75 and older. This underscores the importance of early planning for incapacity, including powers of attorney, advance healthcare directives, and special needs provisions.
overland park
Kathleen E. Overton, Attorney

Our Full Range of Elder Law Services in Overland Park

We have a wide range of expertise in Elder Law, which includes the following:

Medicaid can be a vital safety net for seniors, but qualifying is complex—especially in Overland Park. Our Medicaid Planning service helps families navigate eligibility requirements under Kansas and Missouri rules, tailor financial strategies, and avoid costly mistakes. 

Paths Law Firm’s attorneys review income, assets, and household status to determine whether a Miller Trust (Qualified Income Trust) or Asset Protection Trust may be necessary, guiding transfers strategically around Medicaid’s five-year look-back period.

We prepare comprehensive application packages, including documentation for spousal impoverishment calculations, income/resource limits, and necessary verbal affidavits. In crisis cases—such as sudden nursing-home admission—we expedite eligibility and coverage to avoid delays and maximize client support. 

As part of the service, we coordinate with financial advisors and care coordinators to design a plan that protects assets while ensuring coverage.

By partnering with Paths Law Firm, you can go into retirement and elder care with the peace of mind that you’re protecting your legacy and accessing the care you need at the right time.

Family legacies in Overland Park deserve strong, intentional legal structure. Our wills & trusts services secure your wishes, reduce family conflict, and simplify probate—all tailored to your situation. 

We help you create well-crafted living wills and more flexible trust arrangements like revocable living trusts, family protection trusts, and blended-family trusts.

At intake, we analyze your assets—homes, retirement accounts, investments—and your family goals. Then we recommend the best structure: maybe a simple will is enough, or you might benefit from a trust to avoid probate, control distribution timing, and shield assets from creditor or creditor claims.

We also draft supporting documents: powers of attorney, healthcare directives, HIPAA releases, and trustee and executor guidance documents. You can choose trust funding schedules, protector clauses, and successor agents. With annual refreshers or updates after major life events, your legal structure stays aligned with your family’s situation.

This service brings legal clarity, cost savings, and emotional calm—giving you confidence in the future.

When a family member relies on SSI or Medicaid, unexpected gifts or inheritance can disqualify them from public benefits. Our Special Needs Trust service safeguards your loved one’s future. Paths Law Firm drafts and implements legally sound first-party or third-party SNTs that preserve eligibility and supplement quality of life.

We evaluate your loved one’s current benefit eligibility, disability status, and needs. Then we structure the trust—drafting it to comply with federal Title 42 §1396p(d)(4)(A) rules—ensuring the disability is properly documented and runoff payments are structured optimally. We work with financial advisors to fund it appropriately, ensuring that distributions support items not covered by benefits: education, trips, extra therapy, enrichment programs, home modifications, adaptive gear, and social activities.

As part of our special needs planning, we guide families on selecting trustees, drafting distribution standards, and, if needed, obtaining court approval. We also review trust compliance annually and modify it as government rules or family needs change.

With a carefully crafted SNT, your loved one receives dignity and extra support—without losing essential public benefits.

Protecting wealth from creditors, nursing care costs, or legal exposure is a key part of smart elder planning. In Overland Park, our Asset Protection service offers proactive strategies like creating irrevocable trusts, domestic asset protection trusts, LLCs, and family protection trusts that shelter assets while enabling growth.

We begin with a thorough asset inventory—real estate, investments, business interests—and conduct a risk analysis. Then we design a structure tailored to your needs: perhaps a family trust to secure generational wealth, gift programs to reduce taxable estate, or protected holding company arrangements.

These tools also complement Medicaid planning: assets transferred into properly constructed trusts can be excluded from calculations—if done in advance of care needs. Unlike defensive tactics, this work is proactive—set up early, legally compliant, and funded properly.

Overland Park families gain confidence knowing homes, savings, and family businesses are shielded—so long-term care needs won’t drain retirement or legacies.

Holistic planning is more than wills and trusts, it’s about coordinating documents and strategies that protect your life, legacy, and loved ones.

In Overland Park, our Estate Planning attorneys integrate everything—wills, durable powers of attorney, healthcare directives, HIPAA releases, and multiple trust vehicles—to ensure your estate is properly cared for. 

We start with a personalized interview: family members, health risks, property, business, and lifetime goals. Based on that, we recommend instruments: trusts that avoid probate, instructions for minor guardians, and distribution mechanisms for digital assets. If needed, we include specialized documents like Louisiana-style mandatary trusts or pet trusts.

Our team also helps streamline asset transfers with beneficiary designations, gifting strategies, and tax minimization tactics. We build an annual review process so that changes in your personal life, like marriage, health shifts, a new home, are reflected in your documents.

The result? A cohesive, legally sound estate plan that provides clarity, coordination, and peace of mind, so your family knows exactly how to proceed if you become incapacitated or pass away.

5% of Overland Park’s population are veterans who may qualify for VA Aid & Attendance and Housebound pensions. Our VA & Veteran Benefits service helps maximize these valuable supports. Paths Law Firm’s team conducts eligibility assessments, compiles service records, medical documentation, and financial information—then submits powerful claims or appeals to the VA.

We also manage coordination with Medicaid or private insurance—making sure veterans maximize total benefits without duplicative disqualification. Our team handles denied status, claim delays, and solicits retroactive payments when applicable.

Approved Aid & Attendance benefits often exceed $2,000/month—directly offsetting veteran care costs. The financial safety it provides allows veterans flexibility: at-home care, assisted living, or nursing home placement. Ultimately, our VA services protect dignity, recognize service, and relieve families from the administrative burden of navigating federal benefits.

Choosing senior care shouldn’t be left to chance. Overland Park’s Senior Care Placement service offers guidance across independent living, assisted living, memory care, and skilled nursing facilities. Paths Law Firm collaborates with trusted care coordinators to evaluate facilities, review costs, and analyze contracts—ensuring the chosen environment fits medically, socially, and financially .

We monitor how placement timing and payment structure may impact Medicaid/VA eligibility. Early placement help can limit out-of-pocket expenses and avoid care disruption. We also assist with transitions—respite care planning, discharge protocols, and interim placement—to ensure consistency.

This service is woven together with our legal tools, so families feel supported emotionally and legally during one of life’s most difficult transitions. The goal: confidence, protection, and personalized care—not just shelter.

Reliable legal documents prevent a family crisis. In Overland Park, our Powers of Attorney (POA) service crafts both financial and healthcare POAs that align with Kansas requirements and your family’s values. 

We start by explaining the difference between durable, springing, limited, and co-agent frameworks. We help you choose agents—spouse, adult child, close friend—and draft clear instructions including successor agents and HIPAA health release authorizations.

Each POA is tailored—expired copies are replaced, conflicting language removed, and notarization/acknowledgment statutes covered. These documents function as vital links to your estate, healthcare choices, digital accounts, and financial assets.

When paired with wills, trusts, and healthcare directives, your POAs form a safety net: trusted agents, ready structures, and legal readiness—so your values stay protected if you can’t make decisions.

Reasons To Choose Paths Law Firm

  1. Over 40 Years of Combined Experience
  2. Focused Exclusively on Elder Law & Estate Planning
  3. Personalized, Neighborly Service in Overland Park, KS
  4. We Help Families Plan with Clarity and Confidence
  5. 5-Star Rating on Google

Get Started With the Overland Park Elder Law Attorneys You Can Trust

Your family’s future deserves protection. Paths Law Firm is ready to guide you with warmth, clarity, and legal expertise. Give us a call, stop by, or fill out the form below to get started.

Address: 7400 W 132nd St Suite 150, Overland Park, KS 66213

Phone: (913) 717-0021

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ATTORNEY

Russell A. Fracassa (Rusty)

Attorney Russell A. Fracassa

When asked what he wants to do, his reply was “I just want to sit at the kitchen table and work directly with people.” Rusty enjoys working with clients providing experienced advocacy and supporting them through their unfamiliar and overwhelming situations. Due to all the challenges faced by seniors, it is essential to work with an experienced elder law attorney who has expertise in the law, issues, and concerns affecting seniors and their families.

Rusty brings more than 30 years legal experience and expertise working for seniors and their families as an elder law attorney in Kansas City and surrounding. Prior to law school, Rusty was an accountant and his first couple years practicing law was as a tax attorney. This provides invaluable experience in his current practice of law. Rusty’s focus is helping protect seniors’ assets from taxes and long-term care costs, benefit qualification, and navigating more complex family scenarios in their estate planning.

Rusty has personally experienced the loss every parent fears, caring for a spouse suffering with cancer and the treatment, and working with aging parents through all stages of their lives.  He intimately understands the challenges faced by individuals and their caretakers when capacity or health declines, how to prepare for it, and the legal matters while in the midst of it.  He may not be able to eliminate his client’s grief, but he strives to provide clients with peace of mind.

In 2010, Rusty’s faith and love led him and part of his family to China as Christian missionaries. He and his wife, went permanently, but ended up dedicating 3 years to that ministry. They returned to Missouri to help with grandchildren after a family tragedy and later began anew with Paths Elder Law. The goal is providing compassionate care through legal advocacy.

Rusty has multiple degrees and advanced study spanning his Bachelor’s of Arts in Business Administration – Accounting at Rockhurst College (now Rockhurst University), Masters of Arts in Accounting and in Intercultural Studies, as well as his Juris Doctorate from the University of Missouri at Kansas City School of Law.

When Rusty is not practicing law, he enjoys spending time with his family, grandchildren, and excessive eating at local restaurants.

Practice Areas

  • Wills and Trusts
  • Estate Planning
  • Asset Protection
  • Medicaid Benefits
  • VA Benefits
  • Probate
  • Guardianship and Conservatorships
  • Education

 

BSBA and Master’s in Accounting, Master’s in Inter-Cultural Studies, and Doctorate in Juris Prudence

  • Rockhurst University
  • Liberty University
  • University of Missouri – Kansas City


Admissions to Practice

  • Missouri


Professional Memberships and Affiliations

  • State Bar of Missouri
  • National Academy of Elder Law Attorneys (long-time Member)
  • Elder Counsel (Charter and Ongoing Member)
  • Missouri Association of Trial Attorneys (Past Member)
  • Kansas City Metropolitan Bar Association
  • Missouri State Bar Committees – Elder Law, Estate Planning, Probate

Attorney

Kathleen E. Overton

Kathleen E. Overton, Attorney

Kathleen Overton is an attorney and owner at Paths Law Firm. She has more than 17 years of experience advocating for those with special needs and navigating the state and federal agencies formed to help the disabled and elderly. At Paths Law Firm, Kathleen’s practice focuses on helping the elderly qualify for nursing home Medicaid, creating estate plans to protect beneficiaries, as well as a lot of time planning and forming businesses. Kathleen also enjoys helping clients form non-profit organizations and obtain 501(c)(3) tax exempt status.

 

After attending law school at the University of Oklahoma, Kathleen began representing clients before the Social Security Administration. Eventually her practice switched to federal court appeals and Kathleen spent years representing clients before the Eastern and Western District of Missouri, the District of Kansas, and the Eighth Circuit Court of Appeals. Kathleen has since focused her practice on estate planning and elder law after watching clients struggle to find ways to financially care for loved ones with special needs or aging parents.

 

Kathleen lives in the Northland with her husband and four children. She spends her free time attending soccer matches and ballet performances with her children and starting endless home improvement projects with her husband. 

Of Counsel

Janeece L. Dent-Bennett

Janeece L. Dent-Bennett

Janeece Dent-Bennett was born in Lexington, Missouri, in 1960 and graduated from Lexington High School in 1979.  She graduated with a Bachelor of Science in Business Administration with a major in Accounting from University of Central Missouri in Warrensburg, MO in 1982. 

In 1985, Janeece graduated with distinction from the University of Missouri-Kansas City School of Law.

Upon graduation from law school, Janeece joined the former Shughart Thomson & Kilroy, P.C. law firm (now Polsinelli) in Kansas City, Missouri, with a primary practice in corporate and business law. 

She started her own law practice in 1989 and has since practiced law in Lee’s Summit, Missouri, serving clients throughout the state of Missouri with a primary emphasis in Wills, Trusts, Estate Planning, Probate, and Business Transactions.

Janeece is married and has 3 children.  Jillian Dent is an attorney in Kansas City, Missouri.  Nathan Dent is a Certified Public Accountant in Denver, Colorado.  Andrew Bennett is an Electrical Engineer in North Kansas City, Missouri.  Her husband Mark Bennett is an IT specialist contractor for the USDA.

Recently, Janeece closed her former solo law practice of 36 years and joined Paths Law Firm in Lee’s Summit, MO as Of Counsel.

Paralegal

Jennifer Scott

jennifer scott

Jennifer serves as an Estate Planning Paralegal, providing comprehensive support to the firm’s attorneys and clients. She assists in the preparation of wills, trusts, powers of attorney, and other estate planning documents, ensuring accuracy, clarity, and alignment with each client’s objectives.

Before transitioning into estate planning, Jennifer gained extensive experience as a Family Law Paralegal, this background enables her to navigate sensitive client circumstances with professionalism, discretion, and a strong understanding of family dynamics.

Jennifer is recognized for her attention to detail, strong organizational skills, and commitment to delivering a thoughtful and reassuring client experience. She approaches each matter with integrity and a focus on ensuring clients feel informed and supported throughout the process.

Outside of the office, Jennifer enjoys practicing yoga, watching sunsets, and spending time in nature—activities that provide balance and inspiration in her personal life.

Assistant to Russell Fracassa

Peyton Osborne

Peyton Osborne

Peyton serves as the Assistant to Russell Fracassa, bringing dedication, reliability, and compassion to her role at Paths Law Firm.

With prior experience supporting small businesses in administrative and operational capacities, she has developed strong organizational skills and a sharp attention to detail that help ensure both attorneys and clients are well supported.

She is currently studying at the University of Missouri–Kansas City as an Honors Student, demonstrating a strong commitment to excellence in both her academic and professional pursuits. Peyton’s work ethic and drive are reflected in the care she brings to each task and interaction.

Outside of the office, Peyton enjoys spending time with her family, reading, and exploring new places.

Probate Paralegal

Shaye Kotze

Shaye Kotze

Shaye entered the field of civil law in 2022 and has quickly developed a strong foundation in client service and legal support.

Her academic background includes an Associate of Science degree in Healthcare Services and Informatics Administration and a Bachelor of Science in Interdisciplinary Studies, with an emphasis in Health and Human Services, Social Sciences, and Humanities.

This unique blend of legal experience and healthcare-focused education allows Shaye to approach her work with both analytical precision and genuine empathy — especially when supporting families navigating complex and sensitive situations.

Outside of the office, Shaye enjoys spending time with her husband and their one-year-old daughter. Whether she’s baking sourdough, working on arts and crafts, or enjoying time outdoors, she values creating meaningful moments with her family.

Receptionist

Malia Blosser

Malia Blosser

Malia serves as the first point of contact for many of our clients, helping create a welcoming and supportive experience from the very first phone call. As our receptionist, she assists with scheduling, communication, and ensuring that each interaction reflects the care and professionalism our firm values.

She understands that many families who contact our office may be navigating stressful or uncertain situations, and she strives to make every conversation feel comfortable and reassuring.

Outside of work, Malia enjoys spending time with her husband and their two children. She loves reading, watching movies, and baking with her kids — creating meaningful memories both at home and at work.

Legal Assistant

Reese M. Lehr

Reese Lehr

With a strong background in customer service and a passion for helping others, Reese brings dedication and a positive attitude to her role as a Legal Assistant at Paths Law Firm. She supports the team by managing client correspondence, organizing policies, and stepping in wherever needed to ensure clients receive the highest level of care. Known for her strong work ethic and adaptability, Reese is always ready to tackle new challenges and contribute to the firm’s mission.

Reese is currently enrolled in the Honors Program at the University of Missouri–Kansas City, where she continues to pursue academic excellence. Outside of work and school, she enjoys spending time outdoors and cherishing meaningful moments with her family and friends. Her enthusiasm, reliability, and drive make her a valuable part of the Paths Law Firm team.

Office Assistant

Christine G. Yates

Christine G. Yates
Christine serves as the Office Assistant at Paths Law Firm, where she supports day-to-day operations with a strong work ethic and a positive attitude. A student at Faith Christian Academy, Christine is passionate about pursuing a future career in both business and law, with a goal of serving her community and making a meaningful impact.
 
Outside of the office, Christine is a multi-talented individual who enjoys spending time with family and friends, playing musical instruments, practicing martial arts, cooking, exploring the outdoors, and constantly learning new skills. Her energy, curiosity, and dedication make her a valued member of the Paths team.

Legal Assistant

Bailey E. Harrison

Bailey
Bailey is a skilled Legal Assistant with a focus on elder law, providing dedicated support to both clients and attorneys. With a strong background in customer service and a certification from the University of Arkansas’ paralegal program, Bailey brings exceptional organizational skills, attention to detail, and a client-centered approach to their work.
 
Committed to efficiency and professionalism, Bailey assists in navigating complex legal matters with compassion and precision. Outside of work, Bailey maintains a balanced lifestyle by reading, staying active, and spending quality time with their cats.

Community Relations

Jeane M. Fracassa

Jeane M. Fracassa

Jeane Fracassa – a dedicated and accomplished professional who retired with an impressive 38-year service record from the Kansas City Missouri Police Department. Throughout her illustrious career, Jeane served as a Civian Supervisor in the Communications Unit, where she played a pivotal role in ensuring efficient and effective communication within the department.

Even in retirement, Jeane’s commitment to community service remains unwavering. Currently, she serves in various capacities within Community Relations at Paths Law Firm. Actively engaged in the Lee’s Summit and Overland Park communities, she proudly represents the law firm.

In all aspects of her life, Jeane Fracassa exemplifies the values of community, compassion, and family. Her commitment to making a difference and her love for exploration make her a remarkable individual, whose presence brightens the lives of those she encounters. Whether at work, with family, or during her travels, Jeane’s genuine care for others and her zest for life make her a truly remarkable and inspiring person.

DIRECTOR OF OPERATIONS

Sydney R. Morris

Sydney R. Morris

Sydney serves as the Director of Operations at Paths Law Firm, overseeing the firm’s internal processes, team coordination, and strategic initiatives. Since joining the firm in 2017, she has grown from an experienced paralegal and internal accountant into the central force behind the firm’s operational excellence. 

She graduated with honors from the University of Missouri–Kansas City in 2022 with a Bachelor of Science in Accounting. Sydney is also a proud alumni member of Bloch Launchpad, Phi Theta Kappa, and the National Honor Society.

Outside of the office, Sydney enjoys spending time with her husband, reading, baking, and going on long walks.

FINANCIAL MANAGER

René A. Fracassa

René A. Fracassa

René is the Financial Manager at Paths Law Firm overseeing all aspects of revenue, expenses, and financial planning. She is also responsible for general office management, including assisting in many of the administrative matters that periodically arise. 

René earned her Bachelor of Science in Hotel and Restaurant Management from Central Missouri State University in Warrensburg, Missouri and soon thereafter worked her way through management at The American Restaurant where she worked almost 17 years before relocating to the country of China.

In her spare time, René is currently quite active managing multiple generations of her family, including parents and grandkids.  René has had great impact on the lives of many women teaching discipling and teaching and abundance of Bible Studies. Her former career in management and event planning trained her well to juggle all the activity.

MARKETING MANAGER

Hilary R. Tichota

Hilary Tichota

Hilary plays a vital role in managing the Marketing Department at Paths Law Firm.  She is excellent at bringing new ideas and sharing valuable resources with the law firm and our community. Hilary has been with the law firm since the beginning, working in nearly every role which is invaluable in her marketing endeavors as she brings a unique set of skills into the Marketing Department.

Hilary is nearly complete in her Bachelor’s of Arts Degree in Marketing at Park University.  She has earned the honor of being listed in National Honors Society, Phi Theta Kappa, and the Dean’s List. Hilary is always looking for new and innovative ways to share the law firm’s message.