Do You Need An Estate Planning Attorney?

Are you looking for the best estate planning attorney? To protect your assets and provide for your loved ones, estate planning is crucial, but finding the right lawyer can seem overwhelming. This guide will guide you through the process of creating an estate plan and help you select the best estate planning attorney to suit your requirements.

Understanding Estate Planning

An estate plan is more than just drafting a will. It’s about peace of mind, knowing your assets will be protected and your family cared for after you’re gone. An estate planning attorney understands that each estate plan should be as unique as the individual it represents.

An estate plan usually involves various legal documents, such as wills and trusts. A will enables you to specify the distribution of your assets (your estate) after your passing. Trusts, on the other hand, can provide additional benefits like tax planning and asset protection.

In 2023, the demand for experienced estate planning has increased significantly. Many people realized the importance of having a well-structured estate plan, especially after witnessing the challenges of dealing with a loved one’s estate, like a father’s estate, without proper planning.

Who Needs An Estate Plan?

Estate planning allows you to dictate what happens to your assets and possessions after you pass away. Without an estate plan, your estate will be subject to intestacy laws and probate court, which may not distribute your assets as you wish. Having an estate plan ensures your estate avoids probate and gives you control. Some key reasons you need estate planning include:

  • Specify how and to whom you want your assets distributed after your death. This includes money, property, investments, and possessions.
  • Name guardians for any minor children or dependents.
  • Appoint an individual to handle financial and healthcare choices in case you become unable to do so.
  • Reduce estate taxes to maximize inheritances for beneficiaries.
  • Protect assets from creditors or divorcing spouses.
  • Avoid family disputes by clearly documenting your wishes.
  • Specify your funeral and burial preferences.
  • Plan for business succession if you own a company.
  • Establish trusts to manage assets and how beneficiaries access inheritances.

Without proper planning, you lose control over these important decisions. Work with an estate planning attorney to create a customized plan addressing your needs and wishes.

How an Estate Planning Lawyer Can Help

Estate Planning & Probate

Your attorney drafts customized estate plans designed to fit your family’s needs. This includes creating wills, trusts, powers of attorney, directives, and other estate planning documents. The process also looks at potential estate tax planning issues and develops strategies to protect your assets.

Probate and Estate Administration

A probate lawyer can represent executors, administrators, and beneficiaries through the probate and estate administration process. This includes actions like will contests, creditor claims, document filing, property management, and all other probate court needs.

Medicaid Planning

Qualifying for Medicaid to cover nursing home care requires advanced preparation.

  • Strategically transferring or protecting assets so you meet Medicaid eligibility thresholds.
  • Establishing Medicaid trusts to provide for loved ones
  • Guiding you through the Medicaid application process
  • Appealing if your application is denied
  • Advising on allowable gifting and transfer amounts

Retirement Planning

Entering retirement requires adjustments to ensure your income and assets last. Your lawyer can help:

  • Rolling over retirement accounts and annulling required minimum distributions
  • Setting up trusts or annuities to create lifetime income streams
  • Minimizing taxes on withdrawals from retirement accounts
  • Transferring retirement assets to heirs smoothly
  • Aligning investments, Social Security, and expenses for retirement

Elder Law

As you get older, some key legal concerns arise that our attorneys can address, including:

  • Crafting powers of attorney for finances and healthcare
  • Advising on Medicare, Medicaid, and other benefits
  • Assisting you in navigating the process of long-term care planning
  • Assisting with downsizing, relocation, and housing decisions
  • Acting as an advocate with care facilities or government agencies
  • Protecting assets from medical costs or predators looking to take advantage

Special Needs Planning

An estate plan for your special needs child must cover their future so they can be cared for when you’re not there. Note that not all special needs children will need someone else to make decisions for them.

But in the case that your child does, a lawyer can help you:

  • Maximize the government resources and benefits your child can receive
  • Create a Special Needs trust
  • Put together an inheritance that will help pay for their future medical expenses
  • Designate guardianship when your child turns 18

Power of Attorney and Long-Term Care Planning

When creating an estate plan, an estate planning lawyer can help you establish a power of attorney. This legal document authorizes someone else to make important decisions on your behalf if you’re unable to do so.

Long-term care planning is also a critical part of estate planning. An attorney can help you plan for future healthcare costs and living arrangements. This is especially important for elder law considerations, such as Medicaid planning for long-term care costs.

Navigating Probate with a Probate Lawyer

Part of estate planning involves understanding the probate process. When someone dies, their estate typically goes through probate, a legal process overseen by a probate court to validate the deceased’s will and distribute assets to beneficiaries.

A probate lawyer is invaluable during this process, helping clients navigate probate issues, probate disputes, and even probate litigation. Probate needs can be complex, but the right probate attorney can make the process less daunting.

Avoiding the Biggest Estate Planning Mistakes

Improper estate planning can cause significant problems for your loved ones down the road. Be sure to avoid these common mistakes as you work with your estate planning lawyer:

  • Not having any estate plan at all. Dying intestate triggers court-controlled probate, strict distribution laws, and unnecessary estate taxes.
  • Failing to update documents. Laws and priorities change over time. Review your estate plan with an attorney every 2-3 years.
  • Do-it-yourself estate planning. Documents found online rarely hold up legally and omit important provisions based on your specific assets and family.
  • Not coordinating beneficiary designations. These must align with your will or it can invalidate your intentions.
  • Not funding your trust. Titling assets in the name of your trust is crucial for avoiding probate.
  • Forgetting annual gifting. Utilize gift tax exclusions each year to reduce future estate taxes.
  • Putting off planning until it’s too late. Incapacity can strike anytime. Get your estate plan handled now.

Mistakes can be costly, so work closely with an experienced estate planning lawyer. Thorough planning now provides crucial protection for you and your loved ones.

By Nichole