Several Questions to Ask Any Potential Estate Planning and Elder Law Attorney:
- Do I need a Will? Yes, you need a Last Will and Testament, but we hope to not use it. Ask me why and how. Pro Tip: your Last Will and Testament is ONLY valid in Probate Court. Yes, really.
- Do I need a Trust? Probably not, especially after I explain how they are often more expensive and complex than you need in the long run. Are Trusts helpful for some situations? Absolutely, so let's discuss so we only do what you really need.
- Why should I pay you to do these Estate Planning documents for me when I can pay less for them online? Because you are hiring me and my time with you. You will spend several hours collaborating directly with me one on one as we work through your personal goals and needs, and I will ensure that the resulting work is legally compliant and meets your goals and needs. I will ask you questions, explore your needs, and design tailored specifically-for-you solutions in a much more skillful manner than any online experience. Let's have a full one hour complimentary initial consultation conversation so you can experience the difference yourself.
- Can we set up my entire estate to avoid probate when I die? Yep. And, believe it or not, despite even what some attorneys say, it's not that complicated, if done correctly and thoroughly.
- Should I add my child or someone else to my home or bank accounts? No. (the single most powerful two letters on the planet, if you follow them) It is rarely wise to add another person as a joint owner on your assets, for multiple serious reasons. Granted, spouses are often an exception. Other times, although very rarely, it may make sense, but only after very careful consideration of a variety of concerns that you should discuss with a lawyer before you add another owner and their issues onto your assets.
- What is this 'ladybird' Deed thing? Well, for starters, that's a slang term that isn't really the legal title of the document. The proper version and terminology is "Enhanced Life Estate Deed". Calling it properly what it is matters, as this is a unique type of Deed that is a very helpful tool for intelligent Modern Estate Planning, but one that even many lawyers do not fully understand, nor produce correctly. It avoids probate on your home, which is awesome, but we only use ELED's when it makes good sense to do so, so ask me about it.
- I or my loved one has dementia. Can we still work with you? Classic lawyer answer: 'it depends.' But, you'd be surprised. With me, the answer is usually 'let's try'. This is one reason why I offer initial consultations at no charge. I specialize working with patients with cognitive challenges. Before going for Guardianship, let's talk about how I may be able to work with your situation to avoid costly and complicated Guardianship.
- My parent is going into a facility. Should I/we sell their home? Nope. Nope. Nope. Sometimes, it may make sense to sell the home, but you will be pleasantly surprised to learn how we usually can preserve the home even if every other asset is used for your loved one's care. This also provides Generational Wealth Turnover, which may be the only financial leg up the kids get from their parent. This can really matter for the children. Simply put, do Not sell the home without consulting with a proper Elder Law attorney first. There are Huge Medicaid considerations and some pleasant surprises to know about as well.
- Do you work to protect the people who are helping other people? Diligently, Yes. We provide extensive caregiving for the caregiver, and we are incredibly careful when working with our clients, confidentially, to do our best to ensure the target on the back of the fiduciary (usually the POA or Trustee) is minimized by using careful and ethical legal strategies and techniques. What target you ask? Ask me.
- What should I do now that someone has said we need Medicaid? Nothing, on your own. Please, before you do anything, before you move assets around, before you do any other business, financial, or legal changing, consult with a qualified, experienced Elder Law Attorney. We often end up having to fix problems that could easily have been avoided if the client had come to us first. The very first step is to ensure there are proper legal documents in place so the helpers have the legal authority to do what is needed. The second step is to fully analyze the situation before making any changes to ensure whatever changes are made are Medicaid Compliant, whether you need Medicaid now or later. Elder Law Attorneys truly are here to make life easier for you. Get us in early, give us a chance, and we'll take good care of you.
- I already used a different attorney before. Can I switch to you? Yes. The client is always in control of whom they choose to represent them. I'm happy to review the Estate Plan and any other concerns you have, and if I'm a good fit for you, we can work together, no problem. I also do not redo work that doesn't need to be redone. If what you already have is sufficient for your needs, I'll be the first to confirm that for you. No need to remake a wheel that already rolls well.
- You're an Elder Law Attorney, not an Estate Planning Attorney? I'm both. I do traditional Estate Planning, albeit with a Modern approach, AND I'm an Elder Law Attorney who always looks through the lens of what my clients need as they enter the later stations in life, which often involve medical, financial, and other very serious, complex issues, all of which we do our best to plan and prepare for, methodically and carefully. I do Estate Planning for clients of all ages (including parents of young families, business owners, and cryptocurrency owners...imagine that) and I do Elder Law for clients in retirement, more and more of whom are in their late 80's and 90's. 90 really is the new 80, right? It's not about your age. It's about your needs. Let's take care of them.
- I'm being told we need to open a probate. Is that true? Probably, because if you're trying to get things done after someone dies and you're being told by companies, banks, etc., that they can't give you information, that's likely because the asset in question wasn't set up to avoid probate before the owner passed away. If Letters of Administration, Executor/Personal Representative, Court Orders are mentioned, these are probate terms. Let's talk about it and if you need to open a Probate, we'll get it done, and done well.
- I am the Trustee of a Trust. Do I need an attorney? Yes. One more time. Yes. There are legal Court filings to do, and proper Trust Administration is about protecting you, the Trustee, and the beneficiaries, from a myriad of liabilities that you and they have while you are administering the Trust. My job when representing Trustees for Trust Administration is to protect you by making sure we're doing it correctly, thoroughly, and in a timely, legally sufficient manner. I am your risk assessor, protector, and minimizer, and it's your risk we work carefully to assess, protect against, and minimize. And keep in mind, the Statute of Limitations for Trusts is 4 years, which is a long time to worry about being liable as Trustee. When done correctly though, we can shorten that time to just a few months. Trust me (isn't that punny?), that matters.
- For folks who live in other countries and own assets, usually real property, here in Florida, should you use an attorney to avoid probate with your US assets? Ab. So. Lute. Ly. The US IRS Tax issues alone are enough to encourage you to set up your Florida (and all other US) assets to avoid probate so you don't have to wait several years for the US IRS and the (not inexpensive) International Tax Professional you'll need to hire to process your international related US tax burdens, during which we can only hurry up and wait while your US assets sit tied up for, potentially, a very long time. I travel, often and far and wide, and I am more than happy to help international clients, with courtesy and respect.
