FAQs

A: If you do not have in place written durable powers of attorney designating an agent, an application to a court for a guardian appointment is the only other option. Court guardianship proceedings take time and cause delay, are expensive, and the court has the right to choose a guardian who may not be someone you would choose.

A: Using written durable powers of attorney, you have the right to designate those persons you would rely on to manage your affairs during your period of disability, and they may act immediately without delay.

A: Creating a durable power of attorney requires that you have the required legal and mental capacity to do so. If someone is already incapacitated, it is not possible for that person to execute a valid power. If a person does not have the capacity to execute a power of attorney (and does not already have a durable power in place), often the only way for another party to act on their behalf is to have a court impose a conservatorship or a guardianship.

A: After being appointed, the personal representative is expected to document all of the decedent’s assets. This documentation is often referred to as the inventory. The personal representative must also inform the decedent’s creditors that the decedent has died.

A: Elder law includes the following legal areas: Disability planning, including special needs planning; long-term care planning, including Medicaid planning and veterans benefits; estate planning; guardianship and conservatorship; estate settlement, including probate and trust administration; elder abuse, both personal and financial.

A: Inheritance tax payments are due upon the death of the decedent and become delinquent nine months after the individual’s death. If inheritance tax is paid within three months of the decedent’s death, a 5 percent discount is allowed.

 is a federal government-run health insurance program for those over age 65. It covers hospital and doctor expenses, as well as some preventive procedures.

A: The ultimate goal of estate planning can be determined by the specific goals of the client, and may be as simple or complex as the client’s needs dictate. Guardians are often designated for minor children and beneficiaries in incapacity.

A: A probate court decides challenges to the legal validity of a testator’s(person’s)will and has oversight of the administration of the estate.

A: limited liability company is a hybrid type of legal structure that provides the limited liability features of a corporation and the tax efficiencies and operational flexibility of a partnership.

A: Careful planning is necessary to craft a plan that will supplement government benefits that are worth preserving, is flexible enough to adjust to changes in future benefits, will preserve and expand assets, will make sure this person receives proper care, and may even save taxes. 

For a special needs trust, the proper funding, implementation, and periodic review are especially critical because they may have to last a lifetime and often cannot be replaced. Once the plan is in place, it will need to be managed.

A: Every state’s real estate law governing home sales requires purchase contracts and other real estate contract forms, such as easements, leases for rental property for longer than a year, or seller’s disclosure statement, to be in writing to be enforceable. 

Lot or land purchase contracts are subject to the Statute of Frauds, which requires written real estate contract forms in home sales and other land contract situations.

A: A trust is traditionally used for minimizing estate taxes and can offer other benefits as part of a well-crafted estate plan. A trust is a fiduciary arrangement that allows a third party, or trustee, to hold assets on behalf of a beneficiary or beneficiaries. Trusts can be arranged in many ways and can specify exactly how and when the assets pass to the beneficiaries. Under a will, you can establish a trust and name a guardian to care for minor children.