Elder Law

• A will, also known as a last will and testament, is a legal document that allows you to control how you want your property and assets to be distributed upon your death.
• It is the executor’s responsibility to collect all of your assets, pay any debts and expenses of the estate, and then distribute the remainder of your property as designated in your will.
• This is a public process since your will must be submitted to the probate court and made available for public record.

A general durable power of attorney is a document that grants a person of your choosing to manage your legal and financial affairs during times of incapacity.

A Healthcare Power of Attorney is a document that allows you to appoint a trusted person to make medical decisions on your behalf during periods of incapacity.

A living will is an advanced directive that allows you to make choices about the end-of-life care or life-sustaining treatment you desire in the event of a catastrophic disease, illness, or injury.

Some people want more than a last will and testament; they want to be able to direct what happens to their property during their life and after their death.

• A revocable living trust is an estate planning tool that does just that.
• It allows you to control how your property is handled both during your life and after your death.
• In addition, the administration of your trust typically occurs outside the supervision of the probate court.

Estate planning should not be approached from a “one size fits all” type of mindset. That being said, it is important to have a thorough conversation with your attorney to discuss your personal situation and figure out what is right for you. What are your financial goals? How will you be cared for during periods of incapacity? Who will make financial and medical decisions during your incapacity? Are there ways to protect your investments, retirements, and family wealth from creditors? Is there a way to reduce the tax burden on you and your estate?

Regardless of the size of your nest egg, these are the type of questions every individual should ask of their estate planning attorney.

As parents, we love our children and want to protect them forever. We put our hope and dreams into our children with the hope that they will carry on our legacy long into the future. Unfortunately, we can’t always be here to guide and protect them. Planning for the future care of a child or grandchild with special needs can be challenging and overwhelming. Fortunately, there are steps every parent/grandparent can take to ensure their children have enough resources to provide care and support long after they are gone. If correctly structured, these planning strategies can ensure there are additional resources available to your child (for their benefit) without risk of losing government benefits. Planning strategies vary from one situation to the next but often involve a combination of the following private and public resources:

As veterans, we also have the following resources available to us:

• Guardianships
• Special Needs Trusts
• Pooled Trusts
• STABLE Accounts
• Medicaid/Medicare
• Public Health Benefits
• Subsidized Housing
• SSI

Call us today for a free evaluation to see how we can help.

As veterans, we know that service to our great country often comes as a great sacrifice to the person and their family. Once the service is complete, we are given a DD-214 and a half-hearted explanation that we are entitled to certain “benefits” from the VA. Truth is, most veterans never really know what benefits are available or how to obtain them. Additionally, the process of applying for VA benefits can seem daunting because of all the “red tape” involved in the process. We can help. Veterans and survivors who are eligible for a VA pension and require the aid and attendance of another person, or are housebound, may be eligible for VA Aid & Attendance benefits to help pay the cost of medical premiums, in-home care, assisted living, or skilled nursing at a long-term care facility.

As veterans, we also have the following resources available to us:

• VA Aid and Attendance
• Compensation for Service-Connected Disabilities
• Transition Assistance Programs
• Education and Training Benefits (GI Bill, Vocational Rehabilitation)
• Home Loans
• Small Business Loans through the SBA
• Life Insurance
• Medical/Psychiatric Assistance
• Dependency and Indemnity Compensation (for the surviving spouse of an eligible Veteran)

Call us today for a free evaluation to see how we can help.