- Divorce
- GuardianshipCosts of guardianship and conservatorships vary somewhat, but $1,500-2,000 is average. The process typically takes from 1-2 months, from start to finish. While costs of $1,500-2,000 may not seem staggering, a more important consideration is the potential need for more immediate care, and the emotional toll that a probate proceeding of this kind can take on family members. When a loved one is very ill and has special needs, the last thing a family member needs is to spend two months waiting for a judge to make a decision. If the ward is medicated or confused, this is not a good time for him or her to be faced with the question of whether or not he or she needs or wants someone else to render assistance. Planning can make this difficult time easier for everyone involved.
- Wrongful DeathWe have experience dealing with a variety of situations that arise during probate administration and estate planning. Our services range from the relatively simple tasks of helping you create a will or establish a trust to dealing with more complicated issues, such as wrongful death or contested probate litigation. Whatever your needs, we will be happy to work with you to create the best possible outcome for your situation.
- MisdemeanorsIn 1997, a law was passed that imposed criminal sanctions for anyone who “for a fee knowingly and willfully counsels or assists an individual to dispose of assets (including by any transfer in trust) in order for the individual to become eligible for [Medicaid]...” A violation of this provision constituted a misdemeanor punishable by a fine of up to $10,000 and up to a year in jail. In September of 1998, this law was challenged in court, and the judge permanently enjoined the Attorney General from enforcing the law because it was found to be un-constitutional. There has been no further developments with regard to this law since then, and no efforts that I am aware of to change the law to make it Constitutional. Nevertheless, it shows the lengths that the government will go to, in order to try to limit the ability to manipulate the system.
- Medicaid PlanningOne of the more successful ways in which the government has limited Medicaid planning is through the use of a “look back period.” Any transfers made by a person “for less than full market value” were deemed to be “divestments.” Any divestments taking place within the look back period rendered the person ineligible for Medicaid, for a period of time. The length of the divestment depended on the amount transferred and the average cost of nursing home care, at the time the person applied for Medicaid benefits. For example, if someone transferred $100,000 and applied for Medicaid when the average nursing home cost was $5,000 per month, they would be ineligible for benefits for a period of 20 months. Under former law, the divestment period started from the date of the divestment. In 2006, the law was changed to start the ineligibility period to the date of application. This eliminated a popular planning technique which previously allowed people to preserve substantial assets. The new law also increased the look back period to five years. The previous period had been three years.
- Estate PlanningEstate planning is something that many people find difficult to think about. We do not like to admit our mortality, and estate planning forces us to stare it in the face. It is also one of the few things that we purchase (or invest in), that we will never live to see the benefits of, for the most part.
- WillsLawyers used to make a great deal of money administering probate estates. Many lawyers offered ridiculously low rates on simple Wills, hoping to cash in when the client died. The time period between execution of the Will and death of the client is often quite long, however, and there is no guarantee that the heirs of the client will hire the lawyer who drafted the Will. The answer for these law firms is the Trust. A lawyer can make a large initial fee by convincing a client to do a trust (sometimes as much as or more than the cost of probate administration). The law firm gets its money up front and does not need to depend on recouping its costs through probate.
- TrustsA Revocable or Living Trust provides for management of the Grantors assets, during his or her lifetime. The Trust controls only property that is transferred into it. (Properly titling your assets is the key to effectively using a trust!) The Trust can manage property while the grantor is alive, and after death, as well. The Grantor is usually the initial Trustee and retains total control during his or her lifetime. The Grantor can add or withdraw property from the Trust, change any or all terms of the Trust Agreement, or revoke the trust in its entirety ~ any time he or she wishes.
- Power of AttorneyThere are two types of forms, commonly used. A standing power of attorney takes effect immediately upon execution. This might be useful for someone who faces major surgery or anticipates a rapid decline in health. The springing power of attorney, which is used more often, takes effect only after a person has been determined to be incapacitated. This determination is usually made by the person's physician, and perhaps one other doctor.
- ProbateProbate Frederick and Frederick have years of experience in probate law assisting clients with issues related to decedent's estates, guardianships, conservatorships, contested estates, and wrongful death actions.
- Tax LawPeople are also typically very concerned about avoiding probate administration of their estate, following death. While the percentage of estates requiring probate is significantly higher than the people facing estate tax issues, the average cost of probate administration is relatively modest. For most estates, the total cost is less than $5,000.