Frequently Asked Questions

Thankfully, avoiding probate can be possible with the right legal planning. This can be done by placing assets in revocable trusts, jointly owning property, and having accounts that are properly designated to beneficiaries. The key to avoiding probate is to utilize proactive estate planning to ensure these processes are in place. This can be done with the help of an estate planning lawyer.

In the eyes of the law, if someone is legally incapacitated, they generally cannot sign estate planning documents. Legal capacity is a threshold requirement, and if that is lost, it is essential to establish decision-making authorities through guardianship or conservatorship. It can be very important to start long-term care planning early to ensure that powers of attorney and the like are well-established, so wishes are still upheld.

Estate planning at its core is a varying experience. Every individual and family will come with their own circumstances, challenges, and needs, so an estate planning lawyer will look at this to determine the price going forward.

If you want to get an idea of how much estate planning costs, utilize our Estate Planning Cost Calculator.

Long-term care options can range from in-home support to assisted living and full-time nursing to a more tailored care plan. However, no matter the choice, services may be paid out-of-pocket, through long-term care insurance, or by qualifying for Medicaid. With all these unknown answers, planning ahead for long-term care can ensure that one’s long-term care wishes are handled, assets are preserved, and financials are secured. An estate planning lawyer can help.

Medicaid is a government program that provides health coverage, such as long-term care, for individuals who meet the income and asset limits. Medicaid covers nursing home care and certain in-home support services. However, the process of qualifying for Medicaid without proper planning could lead to missed opportunities. With the right legal strategies from an estate planning lawyer, you could preserve wealth while still accessing the long-term care needed.

As soon as you begin thinking about protecting your assets, planning for the future, or caring for aging family members, you could contact an estate planning lawyer. This could also be during major life events such as marriage, the birth of a child, a major asset change, a health diagnosis, or retirement. The sooner you begin, the more options you will have. At Janssen Estate Probate & Elder Law, we help clients plan proactively, so their wishes are honored and their families are protected.

Estate planning is the process of arranging how you want your assets to be managed and distributed upon your death. This process can be simple or complicated, depending on the number of assets and beneficiaries involved and the complexity of your instructions regarding the distribution of your assets to your beneficiaries.

Estate planning comprises both legal and non-legal aspects. Your estate planning attorney should be able to help with both aspects by reviewing your personal and financial situation and creating documents to address the latter. Your lawyer can also help you develop an investment strategy for retirement purposes.

An estate plan will include documents that accommodate your specific needs. It may involve some or all of the following:

• • Last will and testament
  • Living trust
  • Irrevocable trusts (e.g., life insurance trusts, gift trusts, special needs trusts, charitable trusts)
  • Conservatorship
  • Guardianships
  • Asset protection from divorce, creditors, others
  • Health care directives, including medical powers of attorney, living wills, health care proxy, do not resuscitate (DNR), or do not intubate (DNI) orders
  • Succession plan for business
  • Charitable planning

Probate is the legal process of transferring property from a deceased person’s estate to their heirs or beneficiaries. It is overseen by the local probate court in the county in which the deceased was living.

Keep in mind, you do not have to create a will to benefit only your family. A will allows you to pass your estate in a way that will serve what matters most to you: this could be preserving the financial well-being of your partner, parents, or siblings, setting money aside for the care of a pet, or assisting a charitable organization aligned with your values.

A trust is a pool of assets that is set aside to be managed by a trustee for the benefit of someone else, called the beneficiary. A trust sets aside some assets for a trustee to manage for the sake of a beneficiary. The assets set aside in the trust do not go through probate, simplifying and expediting their transfer out of the estate. The trustee must follow the instructions set out by the trust.

A guardian is a person who is responsible for someone else’s well-being. People often appoint a guardian for their underage children in their will or for their adult children with special needs. These legal guardians can make legal decisions on behalf of their charges, much like a parent.

Naming a legal guardian for your underage children is a common provision in a will. You also have the ability to appoint a conservator for adult children who may be unable to make certain decisions.

If you do not appoint a legal guardian via a will, the court will appoint one upon your death. For this reason, it is important, even if it seems like common sense, to make sure you designate a guardian in your will.

A power of attorney is essential for people who are unable to make important medical or financial decisions on their own behalf, usually because they are incapacitated or suffering from a medical condition. There are five types of powers of attorney, each with its own purpose:

1. 1. Durable power of attorney
   2. Medical power of attorney
   3. General power of attorney
   4. Limited (special) power of attorney
   5. Springing power of attorney