Frequently Asked Questions

Estate PlanningWho needs estate planning? Presented by: Michelle AdamsWhat is the attorney's role in the estate planning process? Presented by: Peggy HoytHow much does estate planning cost? Presented by: Peggy HoytWhat if there is no will? Presented by: Michelle AdamsWhat do the designations "transfer on death", "payable on death",  and "in trust for" mean? Presented by: Randy BryanWhat does a proper estate plan include? Presented by: Sarah AuMillerWhat does testate and intestate mean? Presented by: Michelle AdamsWill I still have control over my property if I have a revocable living trust? Presented by: Peggy HoytWhen should an estate plan be reviewed? Presented by: Michelle AdamsWhat do testate and intestate mean? Presented by: Peggy HoytWhat does it mean to fund a trust? Presented by: Randy BryanWhat should I know about gift taxes? Presented by: Peggy HoytWhat is a living will? Presented by: Sarah AuMillerWhen does a power of attorney become effective? Presented by: Michelle AdamsWhat qualities should I look for in an executor (personal representative)? Presented by: Randy BryanWhat are some typical estate planning documents? Presented by: Peggy HoytWhat 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 HoytWhat happens if you do not have a disability plan? Presented by: Peggy HoytWhere should I keep my estate planning documents? Presented by: Sarah AuMillerWhat is included in my estate for tax purposes? Presented by: Sarah AuMillerUnder a power of attorney, can my agent make a gift on my behalf? Presented by: Randy BryanWho should be my executor (personal representative) or trustee? Presented by: Peggy HoytWhat is a UTMA account? Presented by: Randy BryanWhat is an advance directive? Presented by: Sarah AuMillerShould I have a power of attorney for healthcare? Presented by: Randy BryanShould I have a general power of attorney? Presented by: Sarah AuMillerShould I add my family members names on my assets and avoid a will? Presented by: Randy BryanOnce I have signed a durable power of attorney, can I change my mind? Presented by: Sarah AuMillerIf I have several children, can I treat them differently in my will? Presented by: Randy BryanIf I give my agent immediate power, do I forfeit all rights to make financial decisions? Presented by: Peggy HoytIf I create a revocable living trust, do I still need a will? Presented by: Michelle AdamsIf I am named as executor (personal representative) in a will, do I have to serve? Presented by: Sarah AuMillerIf I give someone power of attorney do I forfeit my own rights to make decisions? Presented by: Randy BryanI did some estate planning in the past with my financial advisor. Should I still consult an estate planning attorney? Presented by: Peggy HoytHow long is a will valid? Presented by: Sarah AuMillerHow is asset protections relevant to estate planning? Presented by: Peggy HoytHow does an agent use a power of attorney? Presented by: Peggy HoytHow does a power of attorney terminate? Presented by: Michelle AdamsHow can I leave my estate to my spouse free of estate taxes? Presented by: Peggy HoytDoes the way in which I hold title make a difference in my overall estate plan? Presented by: Peggy HoytDoes a will control all of my property? Presented by: Michelle AdamsDoes a trustee get paid for their duties? Presented by: Peggy HoytDoes a revocable living trust protect my property from creditors? Presented by: Randy BryanDoes a revocable living trust offer asset protection? Presented by: Michelle AdamsDo I need more than a will? Presented by: Michelle AdamsDo I need a will? Presented by: Peggy HoytDo 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 BryanCan my power of attorney make or change my will? Presented by: Randy BryanCan I use my will to name a guardian to care for my young children and manage their property? Presented by: Randy BryanCan 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 BryanCan I pre-plan and pre-pay for my funeral and burial expenses? Presented by: Peggy HoytCan I name more than one person as an agent? Presented by: Peggy HoytCan I name a trust as the beneficiary of my life insurance policies, annuities, and retirement accounts? Presented by: Peggy HoytCan I make a written will if I do not have much property? Presented by: Sarah AuMillerCan I have a durable power of attorney that becomes effective only in the future? Presented by: Michelle AdamsCan I give my agent, under a power of attorney, the power to make health care decisions for me? Presented by: Peggy HoytCan I give my agent power to make health care decisions for me? Presented by: Peggy HoytCan I change my trust after it is established? Presented by: Randy BryanCan I disinherit my spouse or my children?  Presented by: Randy BryanCan I control how money is left to my children? Presented by: Randy BryanCan I give all my property away before I die and avoid estate taxes? Presented by: Randy BryanCan I add my daughter's or son's name to my bank account instead of having a power of attorney? Presented by: Peggy HoytCan a will be changed or revoked? Presented by: Randy BryanAre executors (personal representative) paid? Presented by: Peggy HoytMust I leave something to my spouse and my children in my will? Presented by: Peggy Hoyt Elder LawWhat is elder law? Presented by: Randy BryanDo all attorneys practice elder law? Presented by: Peggy HoytWhy should I hire an elder law attorney? Presented by: Peggy HoytIf i got into a nursing home and my wife stays home, how much of my income can she keep? Presented by: Randy BryanWill the government or state take my house if I go into a nursing home? Presented by: Randy BryanWill Medicare cover the cost of nursing home care? Presented by: Randy BryanWill Medicaid pay for assisted living? Presented by: Randy BryanWhat is Medicaid? Presented by? Sarah AuMillerWhat are the Medicaid application and eligibility requirements? Presented by: Randy BryanWhat are the common mistakes in Medicaid asset protection planning? Presented by: Randy BryanWhat if I do not want to go to a nursing home? Presented by: Peggy HoytWhat is the Aid and Attendance benefit program? Presented by: Randy BryanWhat documents should I have in my estate plan that will help me plan for long term care? Presented by: Sarah AuMillerIf I give my agent immediate powers, do I forfeit all rights to make financial decisions? Presented by: Peggy HoytIf I gave things away do I have to wait five years to get Medicaid? Presented by: Randy BryanIf 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 BryanI thought that when I retired I got Medicare. Is that true? Presented by: Randy BryanI have long term care insurance. Do I need to do anything else to protect my assets? Presented by: Randy BryanHow much does nursing home care cost? Presented by: Peggy HoytHow does someone apply for Medicaid benefits? Presented by: Randy BryanHow do I know if I am eligible for veteran's benefits? Presented by: Randy BryanHow do I figure out what the penalty period is for transferring property? Presented by: Randy BryanDoes everybody have to worry about estate taxes? Presented by: Michelle AdamsDoes an agent have any responsibilities to use him or her own money to support me? Presented by: Peggy HoytDo I have to wait 5 years after giving anything away to get Medicaid? Presented by: Randy BryanDo children have to pay for a parent to be in a nursing home? Presented by: Peggy HoytCan my mother give me money when she moves into my house? Presented by: Randy BryanCan my mother give away $10,000 with no problems? Presented by: Peggy HoytCan I retain control of my assets while simultaneously protecting them from the reach of nursing homes? Presented by: Randy BryanCan I be barred from Medicaid if I just moved into Florida? Presented by: Peggy HoytCan all elder law attorneys handles all issues that come up in an elder law context? Presented by: Randy BryanAre well spouses legally responsible for Medicaid expenses of a sick spouse? Presented by: Peggy HoytAre there ways for me to protect some of my assets and still be eligible fore Medicaid benefits? Presented by: Peggy HoytAre there an means for me to retain control of my assets while also protecting them form the reach of nursing homes? Presented by: Randy BryanAre there any assets that Medicaid does not consider available to the Medicaid applicant and/or his or her spouse? Presented by: Peggy HoytAre the rules for Medicaid different in each state? Presented by: Peggy HoytAre the eligibility rules for community-based Medicaid services the same as for nursing home Medicaid? Presented by: Randy BryanAm I entitled to veteran's benefits regardless of how much money I have? Presented by: Randy BryanAm 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 AdministrationWhat is a formal probate? Presented by: Peggy HoytAre there alternatives to the formal administration of probate? Presented by: Sarah AuMillerWill my family need to pay estate taxes at my death? Presented by: Randy BryanHow long will probate take? Presented by: Peggy HoytWhen can I close the estate and distribute the assets? Presented by: Michelle AdamsWhich law applies if the decedent owned land in more than one state? Presented by: Sarah AuMillerMy 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 HoytMy parent died with a will and disinherited me. Can my parent do that in Florida? Presented by: Peggy HoytMy 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 HoytHow 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 HoytHow is an estate probated or administered? Presented by: Peggy HoytHow can an estate plan prevent probate of my estate? Presented by: Randy BryanHow can an estate plan make things easier on my family after I die? Presented by: Sarah AuMillerDoes the property automatically transfer to my name, or do I have to register the property with the state? Presented by: Peggy HoytDo we need to go through probate if there is a valid and non-contested will? Presented by: Michelle AdamsDo living trusts go through probate? Presented by: Peggy HoytDo I need an attorney to handle an estate? Presented by: Sarah AuMillerDo beneficiaries have to pay creditors out of their own pocket if the estate is insolvent? Presented by: Peggy HoytCan I pay the decedent's debts even if the creditor has not files a claim? Presented by: Peggy HoytA creditor has filed a creditor's claim. What do I do now? Presented by: Peggy HoytMust the personal representative post a bond? Presented by: Sarah AuMiller Special Needs PlanningWhat special planning should I do for my special needs child? Presented by: Sarah AuMillerShould I consider a trust or some other type of special planning for my special needs child? Presented by: Peggy Hoyt Guardian Advocacy and GuardianshipWhat is the difference between a guardian of the person and a guardian of the property: Presented by? Sarah AuMillerHow long does a guardianship last? Presented by: Sarah AuMillerHow is a guardianship proceeding initiated? Presented by: Sarah AuMillerHow is a guardian appointed? Presented by: Sarah AuMillerHow can an estate plan prevent a guardianship proceeding? Presented by: Randy BryanHow can a trust prevent a guardianship proceeding? Presented by: Randy BryanAre guardianships for minor children different from guardianships for older persons? Presented by: Sarah AuMillerAre guardianships for disabled persons different from guardianships for older persons? Presented by: Sarah AuMiller Business PlanningCan I change my business organization from one type to another? Presented by: Michelle AdamsWhat are buy-sell agreements? Presented by: Michelle AdamsWhat is a fictitious business name? Presented by: Michelle AdamsWhat does it mean to have an S Corp? Presented by: Peggy HoytWhat does it mean to have a limited liabilities company, or LLC? Presented by: Peggy HoytWhat are the advantages of having a limited liability company, or LLC? Presented by: Michelle AdamsWhat are the disadvantages of having a limited liability corporation, or LLC? Presented by: Michelle AdamsHow do I best protect my personal assets if I start a small business? Presented by: Peggy Hoyt Real EstateWhat does tenants in common mean? Presented by: Peggy HoytWhat does tenancy by the entirety mean? Presented by: Michelle AdamsWhat does joint tenancy with right of survivorship mean: Presented by: Michelle AdamsHow do I file for homestead exemption? Presented by: Randy Bryan Animal LawCan I make a provision in my will for my pets? Presented by: Peggy Hoyt Dispute ResolutionAre there alternatives to going to court to resolve business disputes? Presented by: Peggy Hoyt