Ettinger on Elder Law Estate Planning

Ettinger on Elder Law Estate Planning PDF

Author: Michael Ettinger

Publisher: CreateSpace

Published: 2010

Total Pages: 134

ISBN-13: 9781453832059

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"Elder Law Estate Planning" is a niche area of law which combines the features of elder law and estate planning that pertain most to the needs of the middle class. In 1991, AARP published a "Consumer Report on Probate" concluding that probate was a process to be avoided. That marked the end of traditional will planning and started the "living trust revolution." Since then, millions of people have set up trusts to: * Save time and money in settling the estate * Avoid legal guardianship if they become disabled * Avoid having their personal and financial matters made public * Reduce the chance of a "will contest" * Keep control in the family and out of the court system By 1990, the field of elder law also emerged to help people navigate the increased complexity of state Medicaid rules and regulations, the soaring costs of nursing home stays, and the fact that people were living considerably longer. Elder law and estate planning continue to grow independently of each other, sometimes to the detriment of clients. Estate planning lawyers are of little value when the estate plan to avoid probate fails to prevent a nursing home stay consuming all of the assets, because the lawyer is unfamiliar with elder law. On the other hand, elder law attorneys often protect assets but overlook basic estate planning issues such as saving taxes and keeping assets in the blood. The practice of Elder Law Estate Planning means: * Getting your assets to your heirs, in the best possible way, with least amount of taxes and legal fees * Keeping those assets in the blood for your grandchildren, and * Protecting your assets from the costs of long-term care and qualifying for government benefits available to pay for care. Middle class clients today need an "elder law estate planning attorney" to address their estate planning needs as well as to help with long-term care, disability and Medicaid issues as they arise.

Secure Your Legacy

Secure Your Legacy PDF

Author: Richard J. Shapiro J.D.

Publisher: Archway Publishing

Published: 2017-03-29

Total Pages: 200

ISBN-13: 1480844950

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Imagine building a new home without a set of blueprintssounds absurd, doesnt it? Its no different than creating an estate plan without establishing planning goals, but far too often people engage in estate planning without thinking about what they want to accomplish. In Secure Your Legacy, attorney Richard J. Shapiro tackles the daunting aspects of estate planning and elder law. He answers questions such as: How do you determine if you need a will or a trust (or both)? Whats the difference between a revocable and irrevocable trust? How do you protect assets if you need long-term care? How do you reduce your exposure to estate taxes? He also shares tips on planning for a child with special needs, transferring a business, and ensuring a beloved pet is taken care of if you die or become incapacitated. He also explains why you should never create an estate plan online. Filled with real-world examples, this guide gives you the critical information you need to work with an attorney to create an estate plan that protects you and your loved ones.

Elder Law Trusts and Estates

Elder Law Trusts and Estates PDF

Author:

Publisher:

Published: 2008

Total Pages: 0

ISBN-13: 9780314195609

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Elder Law Trusts and Estates is an authoritative, insider's perspective on best practices for working with clients and their families during the estate planning process. Featuring partners and chairs from law firms around the nation, these experts guide the reader step-by-step through the estate planning process when working with elderly clients and offer advice on overcoming common challenges in asset protection by ensuring appropriate documentation, managing timing, and avoiding tax problems. These top lawyers discuss the importance of understanding the client's goals by obtaining key information, developing a good attorney-client relationship, and managing interactions with family members who may be involved in the estate planning process. Additionally, these leaders outline important jurisdictional considerations and offer their thoughts on recent regulatory developments and trends that will have an impact on estate planning. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating an ever-evolving area of law. Book jacket.

How to Protect Your Assets from Probate PLUS Lawsuits PLUS Nursing Home Expenses with the Living Trust Plus

How to Protect Your Assets from Probate PLUS Lawsuits PLUS Nursing Home Expenses with the Living Trust Plus PDF

Author: Evan H Farr Cela

Publisher:

Published: 2013-05-08

Total Pages: 108

ISBN-13: 9780976182139

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The Living Trust Plus Asset Protection Trust protects your assets from probate PLUS lawsuits PLUS the catastrophic expenses often incurred in connection with nursing home care. The Living Trust Plus is the only type of self-settled asset protection trust that allows a settlor to be trustee and retain an interest in the trust while also protecting the assets from being counted by state Medicaid agencies. Even though the Living Trust Plus is irrevocable, you retain a high degree of control over your trust assets because: (1) you can be the trustee if desired; (2) you can retain the right to receive all of the trust income; (3) you have the right to live in and use your real estate; (4) you have the right to change trustees; and (5) you have the right to change beneficiaries. Evan H. Farr, Certified Elder Law Attorney, is the creator of the Living Trust Plus Asset Protection System used by dozens of Estate Planning and Elder Law Attorneys around the country, and is widely recognized as one of the foremost experts in the nation in the field of Medicaid Planning and Medicaid Asset Protection Trusts. Evan has been recognized as one of the nation's top lawyers by SuperLawyers.com, Martindale-Hubbell, Best Lawyers in America, and Newsweek Magazine. A nationally-renowned Best-Selling author and frequent educator of attorneys across the U.S., Evan is known as the "expert to the experts," having educated tens of thousands of attorneys across the country. His numerous publications include a Best-Selling book, Protect and Defend, the Nursing Home Survival Guide, as well as two legal treatises published by the American Law Institute in affiliation with the American Bar Association: Planning and Defending Asset Protection Trusts and Trusts for Senior Citizens."

Secure Your Legacy

Secure Your Legacy PDF

Author: Richard J Shapiro

Publisher:

Published: 2022-06-20

Total Pages: 228

ISBN-13:

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Just like the construction of a building requires a well-designed blueprint, creating a successful estate plan requires a thorough exploration of your planning goals and needs. In this updated second edition of Secure Your Legacy, Certified Elder Law Attorney Richard J. Shapiro uses real world examples from his three decades of practicing law to provide the reader with a thorough understanding of key estate planning and elder law concepts including: How to know if you need a will or trust (or both) The difference between revocable and irrevocable trusts Ways to protect your assets from being wiped out due to the high costs of long-term care Planning techniques to reduce estate, gift, and capital gains taxes How to protect your children's inheritances from their creditors and divorcing spouses How to protect your assets from the reach of "creditors and predators" Why you should never create an estate plan online Shapiro also shares tips on planning for a child with special needs, planning for the transfer of a family business, and providing for the needs of a beloved pet upon your death.

The ABC's of Elder Law & Estate Planning

The ABC's of Elder Law & Estate Planning PDF

Author: David Wingate

Publisher: Lulu.com

Published: 2016-03-18

Total Pages: 97

ISBN-13: 1483447839

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As we age we face unique financial and legal issues, including Asset Protection, Medicare, Medicaid, and Estate Planning. The time to act is NOW! With proper planning, you will insure that your life, assets and estate will be managed according to your wishes, and thus, help protect you and your family. Imagine the peace of mind you will have when you stop reacting to your situation, when you have a plan in place.

Third-party and Self-created Trusts

Third-party and Self-created Trusts PDF

Author: Rebecca C. Morgan

Publisher: American Bar Association

Published: 2023

Total Pages: 0

ISBN-13: 9781639052691

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Written by Clifton B. Kruse, Jr., a well-known expert in the fields of estate planning and elder law, this updated edition of Third-Party and Self-Created Trusts explains the effect that governmental legislation has had on trust law and guides you through the maze of federal laws that affect planning for the elderly and disabled. Focusing on the effect of the Omnibus Budget Reconciliation Act of 1993 on trusts for older and disabled Americans, this guide includes the full text of this act and outlines how it affects the drafting of trusts, illustrated by a comprehensive chart showing OBRA 1993's effect on nine commonly used trusts. Third-Party and Self-Created Trusts includes sample forms and language reflecting the most current rulings, dozens of real-world examples, and detailed endnotes that will help you: Draft trusts for individuals who have disabled children or elderly or disabled parents so that the trust beneficiary is not disqualified from receiving government entitlement programs Outline the necessary case law and language that should be considered when drafting wills and trusts for such clients Include language in the trust for disabled clients who may be receiving Medicaid and wish to retain a supplemental fund for themselves until their death. In addition to updating the material from the earlier editions, the trust forms have been amended where appropriate.