Leaving your IRA to a loved one? Re...

Author: Wolfe Ossa lawCategories: Elder Law
Asset Protection Lawyer

There are so many questions that can come up when thinking about how to prepare for the later stages of life for ourselves and our loved ones. To assist you throughout the process, we’ve compiled a list of the top 6 FAQs from our clients.

1. What is Estate Planning?

Here, at Wolfe Ossa Law, we have developed the 6 Points of Estate Planning. This includes, Last Will and Testament, Power of Attorney, Advanced Health Care Directive (Living Will), Life Estate Deeds, Trusts, and IRA Beneficiaries. Learn more on out Estate Planning page.

2. What Can I do to protect everything that I’ve worked for?

The short answer: Estate Planning.

There are a couple of different ways to protect your assets. Depending on what stage of life you’re in, we have a variety of tools to help people in all stages. We can discuss these with you during your free consultation.

3. What if my parent(s) need to go on Medicaid?

Many seniors need long term care, whether it be in a nursing home, assisted living facility, or with a live in nurse. MediCARE will only cover these costs for a small amount of time and so almost all seniors in this position wind up needing Medicaid. The Application Process is EXTREMELY stressful and time consuming.

Because of the “spend down” required by Medicaid, we can handle this process at no cost to you. Check out our Medicaid page for more information.

4. The nursing home told me I need to “spend down” all my money, what does that mean?

A “spend down” is exactly what it sounds like. Before Medicaid will pick up your medical bills, you need to have essentially no assets.

Before you spend all of your savings, come see us. We may be able to get you on Medicaid without you losing all of you money!

Check out our article on Spend Down for more information.

5. What do I do if mom or dad is becoming forgetful?

Unfortunately Alzheimer’s is a common condition for seniors. It may become necessary for mom or dad to get a guardian. Obtaining guardianship is a legal process where the Court charges the applicant with the responsibility of caring for the alleged incapacitated person. You should note that having Power of Attorney may not be enough. POA’s are revocable and are limited in their power.

See our page on Guardianship for more information.

6. A loved one passed away, what do I do?

We know that this is an extremely stressful time and we try to do everything we can to make it easier. When a loved one passes there are accounts that need to be settled, creditors that need to be dealt with, and arrangements that need to be made. Learn more here.

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