This page contains a number of frequently asked questions we receive in our practice. Please call us to make an appointment to discuss individual matters of concern.
Wills and Trusts
How can I protect my assets during life and transfer them at death? Do I always need a will or trust? When should money be left in a trust? How do I name a guardian for my children? What planning should I do if I am worried that my spouse will be disabled when I die?
Living Trusts
When are living trusts appropriate and when are they not? Would a living trust affect my eligibility for Medicaid?
Powers of Attorney - Medical and Financial
Medical - How does a person make his or her wishes for medical treatment known in advance of the time that it will be needed? What is the difference between a POA and a living will? What if there is a dispute in the family regarding medical decision making; who will make the final decision?
Financial - What are the responsibilities and limits of the "Agent" named in a General Power of Attorney? When does a POA become effective? What if I am concerned that a family member is exploiting someone under a POA?
Medicaid
How will the new changes in Medicaid law affect my estate planning? When am I eligible for Medicaid and what does it cover? How do I do Medicaid planning? How is Medicare different than Medicaid? Will Medicaid take my house if I go into a nursing home? How will my spouse live if all my income goes to long term care costs?
Guardianship / Conservatorship
When is guardianship or conservatorship needed? What are my rights if someone wants a guardianship over me? Can I select who would be appointed? Can the guardianship be terminated? Are better alternatives available?
Medicaid Trusts
Can a beneficiary of a trust be eligible for Medicaid? Can I set up a trust for someone who receives Medicaid or other public benefits?
Trusts for Disabled Adults and Children
How can I set up a trust to meet someone's future or current needs? How do these trusts work if the beneficiary receives Medicaid or Supplemental Security Income (SSI)?
Probate
Must every estate be probated in court? What is a "small estate" proceeding? How do I contest a will? What are the responsibilities of a personal representative? How long will it take? What will it cost?
Real Estate Transfers
Should I change how my home is titled? What type of deed is best for me? Can I do a transfer deed today and have it filed after death? Can the state place a lien on my property if I receive Medicaid to pay for nursing home care?
Nursing Homes and Assisted Living
Should I sign or co-sign a nursing home contract? What community resources are available so I can avoid nursing home placement? Am I eligible for home health care? What are the rights of a resident in a care facility?
Estate Taxes
What is the current law on taxing estates? How do I minimize the taxes my heirs will pay?
Other
What is a "family partnerships"? How do I make a claim for a person injured in a nursing home?
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