You have questions?

Your Last Will is a legal document through which you distribute some of your assets upon death. Other assets will be distributed not based on your Last Will but on your beneficiary designations, depending on the situation. Over two-thirds of the U.S. adult population does not have a last will, and for those who do, most Last Wills do not fully cover their situation. Upon death, the only want to make a Last Will valid is to file it in the probate court, a public and normally lengthy process that delays your family access to what you have left behind.

In the world of estate planning, the best outcome for you, your family, and your loved ones will be achieved only by working with a lawyer who encounters estate planning situations daily. You have worked your whole life for what you have and the relationships you have created. Unfortunately, some families collapse after the death of a loved one because they either did no planning at all, or if they did, it was through an online platform that knew nothing about their family or circumstances and that ultimately failed them when their family needed help the most. We encourage a lifelong relationship between you and your estate planning attorney so that you have a lawyer for life to be there for your family when you cannot be.

This is the most often asked question in estate planning, and that is okay – we know the topic of cost is a sensitive one when it comes to choosing a professional to guide you, and we have designed our fees on a flat-fee basis only so that you know exactly what you are committing to – and there are no surprises. While we cannot quote fees online or over the phone, we invite you to check out our upcoming educational events where we teach you things about estate planning you do not even know to ask, plus we will cover during our next event our unique meeting process and fee schedule so that you know exactly how to take the next steps at the best time for you and your family.

Think of a Trust as a “Will substitute.” What we mean is that just as a Last Will distributes your assets upon death, a Revocable Living Trust does the same. The upside of a Trust over a Will is that a Trust need not be filed with the probate court to be effective, whereas a Last Will must be filed with the probate court to have any effect. As a result, a Trust remains a private document pertaining to your private affairs, whereas a Last Will becomes a public document after you pass away no matter how private you were during your lifetime. Of course, there are additional types of trusts as well that serve different purposes, and each family’s unique situation must be taken into account to design the right overall estate plan, which may include one or more Trusts.

No, of course not! After you are gone, your loved ones will miss you deeply – they will long for your words of counsel and concern, and hearing an old voicemail or reading a letter from you again would be a tremendous gift. This has nothing to do with money. Through our unique life and legacy planning process, you can give your loved ones the most precious gift of all – a lasting expression of your love. This is because we believe estate planning is not just about transferring your financial assets and personal belongings. It is equally about capturing and transferring your valuable intangible gifts: your values, insights, stories, and experiences. What could be more valuable? Estate planning is not only for those rich with money. Everyone we know already has an estate as valuable as anything in the world and that they should protect.

Your estate plan works no matter where in the U.S. you might physically be (such as on vacation) or might move to. This said, we always recommend finding your neighborhood Personal Family Lawyer to review your out-of-state plan to help you ensure you make any necessary updates based on differences in state law.

In short, very likely yes, you can own a fancy car even if you are on Medicaid. In certain states, you are permitted one automobile regardless of value even if you are on Medicaid. This said, as with all governmental regulations, the rules are strict about how you use the vehicle, who has access to it, and more. Because regulations change over time and could drastically impact your personal situation, we always advise you work directly with an attorney to ensure your long-term care and estate plan remaisn up to date and the most protective for your family possible.

Absolutely – elder law planning is broad-ranging and if done improperly, could have devastating effects on your tax liability, the exposure of your assets, and the decisions made on your behalf when you cannot communicate your decisions made for yourself. We would not recommend you go this alone because in the world of elder law planning, the best outcome for you, your family, and your loved ones will be achieved only by working with a lawyer who encounters elder law planning situations daily. You have worked your whole life for what you have and the relationships you have created. Unfortunately, some families collapse after the death of a loved one because they either did no planning at all, or if they did, it was through an online platform that knew nothing about their family or circumstances and that ultimately failed them when their family needed help the most. We encourage a lifelong relationship between you and your elder law planning attorney so that you have a lawyer for life to be there for your family when you cannot be.

Every plan is different and every plan is tailored to your specific circumstances. We know the topic of cost is a sensitive one when it comes to choosing a professional to guide you, and we have designed our fees on a flat-fee basis only so that you know exactly what you are committing to – and there are no surprises. While we cannot quote fees online or over the phone, we invite you to check out our upcoming educational events where we uncover our unique meeting process and fee schedule so that you know exactly how to take the next steps at the best time for you and your family.

A Medicaid trust is an irrevocable trust that you can setup to protect your assets from being seized by Medicaid even though you might receive Medicaid benefits. When a trust is “irrevocable,” that means you relinquish your ownership and control over those assets, although in some cases when drafted properly you can continue to receive the benefits of assets you move into an irrevocable trust. For example, if done right, you can move your home into a Medicaid trust and continue to live in your home. Nevertheless, you never want to hastily establish any type of irrevocable trust without knowing exactly why (and whether) you need it, how it works, what it means for assets moved into it, whether there are any pitfalls to be aware of, and how the assets ultimately pass to your heirs. We encourage you never to do this type of planning on your own.

Elder law is a specialty area of estate planning, so it is both included in proper estate planning depending on your situation and age, and not a substitute for traditional estate planning. With elder law planning, your lawyer helps you plan for retiree benefits, healthcare and long-term care, Medicaid and Medicare coverage, and home care and nursing home care. Ultimately, your elder law planning team of trust advisors includes your lawyer, financial planners, CPA, insurance agents, and other professionals depending on what is appropriate for your situation, and your elder law plan includes both traditional estate planning to avoid probate as well as advanced planning to help protect your estate and legacy as you age.

There really is no right or wrong age to start exploring how elder law planning can benefit you. This said, presume that by age 60 you should start the planning process. The longer you wait in life, the more you run the risk of your assets being exposed unexpectedly, going to the medical industry instead of your family. You may even encounter an unexpected health issue where you lose capacity immediately, meaning your family will start planning for you, if they are able. Each day is a gift, and we cannot predict the future but we can plan for it, so the sooner, the better.