Frequently Asked Questions

Estate Planning

Who needs estate planning? Presented by: Michelle Adams

What is the attorney’s role in the estate planning process? Presented by: Peggy Hoyt

How much does estate planning cost? Presented by: Peggy Hoyt

What if there is no will? Presented by: Michelle Adams

What do the designations “transfer on death”, “payable on death”,  and “in trust for” mean? Presented by: Randy Bryan

What does a proper estate plan include? Presented by: Sarah AuMiller

What does testate and intestate mean? Presented by: Michelle Adams

Will I still have control over my property if I have a revocable living trust? Presented by: Peggy Hoyt

When should an estate plan be reviewed? Presented by: Michelle Adams

What do testate and intestate mean? Presented by: Peggy Hoyt

What does it mean to fund a trust? Presented by: Randy Bryan

What should I know about gift taxes? Presented by: Peggy Hoyt

What is a living will? Presented by: Sarah AuMiller

When does a power of attorney become effective? Presented by: Michelle Adams

What qualities should I look for in an executor (personal representative)? Presented by: Randy Bryan

What are some typical estate planning documents? Presented by: Peggy Hoyt

What happens if I have a living trust, but I did not put all of my assets into my trust and I die without a will? Presented by: Peggy Hoyt

What happens if you do not have a disability plan? Presented by: Peggy Hoyt

Where should I keep my estate planning documents? Presented by: Sarah AuMiller

What is included in my estate for tax purposes? Presented by: Sarah AuMiller

Under a power of attorney, can my agent make a gift on my behalf? Presented by: Randy Bryan

Who should be my executor (personal representative) or trustee? Presented by: Peggy Hoyt

What is a UTMA account? Presented by: Randy Bryan

What is an advance directive? Presented by: Sarah AuMiller

Should I have a power of attorney for healthcare? Presented by: Randy Bryan

Should I have a general power of attorney? Presented by: Sarah AuMiller

Should I add my family members names on my assets and avoid a will? Presented by: Randy Bryan

Once I have signed a durable power of attorney, can I change my mind? Presented by: Sarah AuMiller

If I have several children, can I treat them differently in my will? Presented by: Randy Bryan

If I give my agent immediate power, do I forfeit all rights to make financial decisions? Presented by: Peggy Hoyt

If I create a revocable living trust, do I still need a will? Presented by: Michelle Adams

If I am named as executor (personal representative) in a will, do I have to serve? Presented by: Sarah AuMiller

If I give someone power of attorney do I forfeit my own rights to make decisions? Presented by: Randy Bryan

I did some estate planning in the past with my financial advisor. Should I still consult an estate planning attorney? Presented by: Peggy Hoyt

How long is a will valid? Presented by: Sarah AuMiller

How is asset protections relevant to estate planning? Presented by: Peggy Hoyt

How does an agent use a power of attorney? Presented by: Peggy Hoyt

How does a power of attorney terminate? Presented by: Michelle Adams

How can I leave my estate to my spouse free of estate taxes? Presented by: Peggy Hoyt

Does the way in which I hold title make a difference in my overall estate plan? Presented by: Peggy Hoyt

Does a will control all of my property? Presented by: Michelle Adams

Does a trustee get paid for their duties? Presented by: Peggy Hoyt

Does a revocable living trust protect my property from creditors? Presented by: Randy Bryan

Does a revocable living trust offer asset protection? Presented by: Michelle Adams

Do I need more than a will? Presented by: Michelle Adams

Do I need a will? Presented by: Peggy Hoyt

Do I need a living trust? Presented by: Sarah AuMiller 

Do I need a lawyer for estate planning, or can I hire a paralegal or another non-attorney to assist me? Presented by: Randy Bryan

Can my power of attorney make or change my will? Presented by: Randy Bryan

Can I use my will to name a guardian to care for my young children and manage their property? Presented by: Randy Bryan

Can I prevent a daughter in law or son in law from benefiting from my child’s inheritance if they get a divorce? Presented by: Randy Bryan

Can I pre-plan and pre-pay for my funeral and burial expenses? Presented by: Peggy Hoyt

Can I name more than one person as an agent? Presented by: Peggy Hoyt

Can I name a trust as the beneficiary of my life insurance policies, annuities, and retirement accounts? Presented by: Peggy Hoyt

Can I make a written will if I do not have much property? Presented by: Sarah AuMiller

Can I have a durable power of attorney that becomes effective only in the future? Presented by: Michelle Adams

Can I give my agent, under a power of attorney, the power to make health care decisions for me? Presented by: Peggy Hoyt

Can I give my agent power to make health care decisions for me? Presented by: Peggy Hoyt

Can I change my trust after it is established? Presented by: Randy Bryan

Can I disinherit my spouse or my children?  Presented by: Randy Bryan

Can I control how money is left to my children? Presented by: Randy Bryan

Can I give all my property away before I die and avoid estate taxes? Presented by: Randy Bryan

Can I add my daughter’s or son’s name to my bank account instead of having a power of attorney? Presented by: Peggy Hoyt

Can a will be changed or revoked? Presented by: Randy Bryan

Are executors (personal representative) paid? Presented by: Peggy Hoyt

Must I leave something to my spouse and my children in my will? Presented by: Peggy Hoyt

 

Elder Law

What is elder law? Presented by: Randy Bryan

Do all attorneys practice elder law? Presented by: Peggy Hoyt

Why should I hire an elder law attorney? Presented by: Peggy Hoyt

If i got into a nursing home and my wife stays home, how much of my income can she keep? Presented by: Randy Bryan

Will the government or state take my house if I go into a nursing home? Presented by: Randy Bryan

Will Medicare cover the cost of nursing home care? Presented by: Randy Bryan

Will Medicaid pay for assisted living? Presented by: Randy Bryan

What is Medicaid? Presented by? Sarah AuMiller

What are the Medicaid application and eligibility requirements? Presented by: Randy Bryan

What are the common mistakes in Medicaid asset protection planning? Presented by: Randy Bryan

What if I do not want to go to a nursing home? Presented by: Peggy Hoyt

What is the Aid and Attendance benefit program? Presented by: Randy Bryan

What documents should I have in my estate plan that will help me plan for long term care? Presented by: Sarah AuMiller

If I give my agent immediate powers, do I forfeit all rights to make financial decisions? Presented by: Peggy Hoyt

If I gave things away do I have to wait five years to get Medicaid? Presented by: Randy Bryan

If I enter a nursing home as a private pay resident, do I have to use my assets before I can get Medicaid? Presented by: Randy Bryan

I thought that when I retired I got Medicare. Is that true? Presented by: Randy Bryan

I have long term care insurance. Do I need to do anything else to protect my assets? Presented by: Randy Bryan

How much does nursing home care cost? Presented by: Peggy Hoyt

How does someone apply for Medicaid benefits? Presented by: Randy Bryan

How do I know if I am eligible for veteran’s benefits? Presented by: Randy Bryan

How do I figure out what the penalty period is for transferring property? Presented by: Randy Bryan

Does everybody have to worry about estate taxes? Presented by: Michelle Adams

Does an agent have any responsibilities to use him or her own money to support me? Presented by: Peggy Hoyt

Do I have to wait 5 years after giving anything away to get Medicaid? Presented by: Randy Bryan

Do children have to pay for a parent to be in a nursing home? Presented by: Peggy Hoyt

Can my mother give me money when she moves into my house? Presented by: Randy Bryan

Can my mother give away $10,000 with no problems? Presented by: Peggy Hoyt

Can I retain control of my assets while simultaneously protecting them from the reach of nursing homes? Presented by: Randy Bryan

Can I be barred from Medicaid if I just moved into Florida? Presented by: Peggy Hoyt

Can all elder law attorneys handles all issues that come up in an elder law context? Presented by: Randy Bryan

Are well spouses legally responsible for Medicaid expenses of a sick spouse? Presented by: Peggy Hoyt

Are there ways for me to protect some of my assets and still be eligible fore Medicaid benefits? Presented by: Peggy Hoyt

Are there an means for me to retain control of my assets while also protecting them form the reach of nursing homes? Presented by: Randy Bryan

Are there any assets that Medicaid does not consider available to the Medicaid applicant and/or his or her spouse? Presented by: Peggy Hoyt

Are the rules for Medicaid different in each state? Presented by: Peggy Hoyt

Are the eligibility rules for community-based Medicaid services the same as for nursing home Medicaid? Presented by: Randy Bryan

Am I entitled to veteran’s benefits regardless of how much money I have? Presented by: Randy Bryan

Am I allowed to keep all of my Social Security and pension if I am in a nursing home and Medicaid is paying for my care? Presented by: Peggy Hoyt

 

Estate Administration

What is a formal probate? Presented by: Peggy Hoyt

Are there alternatives to the formal administration of probate? Presented by: Sarah AuMiller

Will my family need to pay estate taxes at my death? Presented by: Randy Bryan

How long will probate take? Presented by: Peggy Hoyt

When can I close the estate and distribute the assets? Presented by: Michelle Adams

Which law applies if the decedent owned land in more than one state? Presented by: Sarah AuMiller

My spouse died with a will and did not leave me anything in their will. Do I have any special rights as a spouse? Presented by: Peggy Hoyt

My parent died with a will and disinherited me. Can my parent do that in Florida? Presented by: Peggy Hoyt

My husband died and left a will giving his assets to me and my children. Do we need to probate the will in court? Presented by: Peggy Hoyt

How long does it take to settle a trust and what can I do if it is not done in a reasonable amount of time? Presented by: Peggy Hoyt

How is an estate probated or administered? Presented by: Peggy Hoyt

How can an estate plan prevent probate of my estate? Presented by: Randy Bryan

How can an estate plan make things easier on my family after I die? Presented by: Sarah AuMiller

Does the property automatically transfer to my name, or do I have to register the property with the state? Presented by: Peggy Hoyt

Do we need to go through probate if there is a valid and non-contested will? Presented by: Michelle Adams

Do living trusts go through probate? Presented by: Peggy Hoyt

Do I need an attorney to handle an estate? Presented by: Sarah AuMiller

Do beneficiaries have to pay creditors out of their own pocket if the estate is insolvent? Presented by: Peggy Hoyt

Can I pay the decedent’s debts even if the creditor has not files a claim? Presented by: Peggy Hoyt

A creditor has filed a creditor’s claim. What do I do now? Presented by: Peggy Hoyt

Must the personal representative post a bond? Presented by: Sarah AuMiller

 

Special Needs Planning

What special planning should I do for my special needs child? Presented by: Sarah AuMiller

Should I consider a trust or some other type of special planning for my special needs child? Presented by: Peggy Hoyt

 

Guardian Advocacy and Guardianship

What is the difference between a guardian of the person and a guardian of the property: Presented by? Sarah AuMiller

How long does a guardianship last? Presented by: Sarah AuMiller

How is a guardianship proceeding initiated? Presented by: Sarah AuMiller

How is a guardian appointed? Presented by: Sarah AuMiller

How can an estate plan prevent a guardianship proceeding? Presented by: Randy Bryan

How can a trust prevent a guardianship proceeding? Presented by: Randy Bryan

Are guardianships for minor children different from guardianships for older persons? Presented by: Sarah AuMiller

Are guardianships for disabled persons different from guardianships for older persons? Presented by: Sarah AuMiller

 

Business Planning

Can I change my business organization from one type to another? Presented by: Michelle Adams

What are buy-sell agreements? Presented by: Michelle Adams

What is a fictitious business name? Presented by: Michelle Adams

What does it mean to have an S Corp? Presented by: Peggy Hoyt

What does it mean to have a limited liabilities company, or LLC? Presented by: Peggy Hoyt

What are the advantages of having a limited liability company, or LLC? Presented by: Michelle Adams

What are the disadvantages of having a limited liability corporation, or LLC? Presented by: Michelle Adams

How do I best protect my personal assets if I start a small business? Presented by: Peggy Hoyt

 

Real Estate

What does tenants in common mean? Presented by: Peggy Hoyt

What does tenancy by the entirety mean? Presented by: Michelle Adams

What does joint tenancy with right of survivorship mean: Presented by: Michelle Adams

How do I file for homestead exemption? Presented by: Randy Bryan

 

Animal Law

Can I make a provision in my will for my pets? Presented by: Peggy Hoyt

 

Dispute Resolution

Are there alternatives to going to court to resolve business disputes? Presented by: Peggy Hoyt