Frequently Asked Questions

Elder Law Attorney Answering QuestionsWhen you start thinking about elder law, there are countless questions that can come up. Our attorneys do their best to answer questions and help you understand your best options. We have included some of our most commonly asked questions below and also have a playlist of videos with many more answers to questions online too. 

FAQ Videos

Click on the linked questions below to quickly navigate to their answers:

What Is Estate Planning?

Why Should I Have A Will?

What Is Probate?

What Should I Do To Prepare For Seeing A Probate Attorney?

What should I do if my loved one is about to go into a nursing home and we were told we have too many assets to qualify for Medicaid?

Q. What Is Estate Planning?

  • It’s important to have an elder law attorney or estate planning attorney guide you through the process of handling your legal affairs well in advance for your future needs. Through estate planning, you will clearly decide and dictate your desires for choices in the future that make it easier for your family members to handle.

 

Q. Why Should I Have A Will?

  • Establishing a will lets the world know exactly what you want to happen with your assets and puts someone in charge to make sure that this happens. This makes it easier for your family to understand and avoid conflicts.

 

Q. What Is Probate?

  • Probate is the judicial process of transferring assets from a decedent’s name to their heirs. That often happens through the court process by hiring an attorney to represent the executor to make sure they carry out their duties. The issue for probate is typically how are assets titled. If assets are left in the person’s name alone when they pass away, those are typically the assets that need to go through a court proceeding such as probate.

 

Q. What Should I Do To Prepare For Seeing A Probate Attorney?

  • See if you can locate the last will and testament for the loved one because as the custodian of the will you need to file that within the first ten days after the date of death. In addition, you want to bring records of bank accounts, any assets that are owned, and income for the attorney to look at. Also bring names, addresses and contact information for any of the beneficiaries of the estate.

 

Q. What should I do if my loved one is about to go into a nursing home and we were told we have too many assets to qualify for Medicaid?

  • The first thing you want to do is talk to an elder law attorney that practices in Medicaid planning. There are many myths about Medicaid eligibility, what assets count, what assets don’t count and what you can do with those funds and still be eligible. You need to talk with an attorney because everything month that passes where you’re not eligible is another seven or eight thousand dollar bill.

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