Frequently Asked Questions

Estate planning

What if I can't tell the doctors what I want?

If you can't tell the doctors what you want, you can name a patient advocate through a patient advocate designation. Your patient advocate can make decisions about your care, custody, and medical or mental health treatment decisions.

What's a trust?

A trust is an arrangement to hold to property, manage property, and distribute property. A settlor is the person who creates the trust and usually funds the trust with their own property. A trustee is the person who manages the trust property for the beneficiaries of the trust.

Should I have a will or a trust?

The decision between having a will or trust is a tough one. It depends on a lot of different things like your goals, your beneficiaries, your property, etc. It's best to talk to a lawyer.

Is a trust necessary?

A trust is sometimes necessary depending on your goals, your beneficiaries, your property; other times a trust is not necessary. This is a reason to talk to a lawyer.

What is trust funding?

Trust funding is making your property subject to your trust. Sometimes, this means changing ownership of your bank accounts, investments, or real estate to the name of your trust. Sometimes funding means adding your trust as a beneficiary on things like life insurance, annuities, or retirement plans.

What is a durable power of attorney?

A durable power of attorney is a legal document that allows you to name someone who can make decisions about things such as your banking, investment, and other property or financial matters, even if you become incapacitated or disabled.

I've heard about ladybird deeds, what are they?

Ladybird deeds, which are also sometimes called "transfer on death deeds" or "enhanced life estate deeds," are a way to transfer your home or other real estate upon your death while keeping rights to the property during your life.

Will the kids have to pay estate taxes?

Probably not. The estate tax exemption amount is more than $1o million (it's indexed to inflation and changes every year). But there may be income or other taxes. It's a good idea to talk to a legal or accounting professional.

I have a child who receives governmental benefits because of a disability, what can I do?

If you have a child who receives governmental benefits because of a disability you could create a special needs trust for your child.

Probate and trust administration

Does a will go through probate?

Yes. A common misconception is that a will won't go through probate. Even though a will must be probated, having a will is a good idea because you can make your wishes known, direct the distribution of your property, and appoint the person to administer your estate.

I'm named as a trustee and I'm not sure what I'm supposed to do, can you answer my questions?

Yes. It's probably your first time handling a trust or estate administration, but it's not ours. It's perfectly normal to have questions and it's ok to ask.

Elder law

My spouse is in a nursing home, am I going to lose everything?

When your spouse is in a nursing home you should not lose everything. But the rules can get complex, if your spouse is in a nursing home or will be soon, it's a good time to talk to a lawyer.

My mom has dementia and might need nursing home care in the future, how are we going to pay for it?

Medicaid can help pay for nursing home care if mom qualifies. It's a good idea to talk to a lawyer about Medicaid qualification because the rules can get complex.

General

Do you charge by the hour?

Not typically. For estate planning, we tell you the total cost before you hire us. For most elder law matters, we can also provide a fixed fee arrangement. Sometimes, with a probate or trust administration, we charge by the hour because at the beginning we don't know what's going to be involved.

Do you offer free consultations?

Yes. We offer brief free consultations to help us figure out if we can help you and if you want us to help you.

Do you offer in-home consultations?

Yes. As long as you're in St. Clair County, Michigan or nearby, we offer in-home consultations for some meetings.

What about Zoom conferences?

Yes! Zoom conferences are great for consultations and reviewing drafts of documents.

Do you accept credit cards?

Yep. We take credit cards and accept online payments.

How much does it cost?

It depends on what it is:

• Simple estate plans with will and powers of attorney is usually between $500-$1,000. Estate plans with a trust, will, powers of attorney, and help trust funding is usually between $2,000-$3,000.

• The cost of an estate plan review is $200.

• Help with Medicaid qualification usually ranges between $1,000-$5,000.

• Help with probate or trust administration is usually between $2,000-$5,000.