Why choose an Elder Law Attorney?

The Elder law attorneys solid understanding of these issues allows them to better serve the unique needs of older individuals and their loved ones and to access needed benefits and resources.

Elder law attorneys are essentially advocates for older individuals and their loved ones. Focusing on the areas of the law that impact people most as they age, these attorneys help with estate planning, wills, trusts, powers of attorney, advance directives for health care, and special needs planning. They preemptively protect people and their loved ones from the uncertainty and chaos that can come from losing capacity or death. They also provide guidance and help bring peace to situations when matters become too difficult to handle. Situations such as when a loved one loses capacity, dies, or has medical and long term care expenses that exceed their own resources. An Elder law attorney will walk you through the complexities of guardianships, conservatorships, probate, trust administration, and assist with Medicaid or veterans’ benefit planning and applications. The Elder law attorneys solid understanding of these issues allows them to better serve the unique needs of older individuals and their loved ones and to access needed benefits and resources.

What do all of those terms mean?

  • Estate Planning: Preparing a plan for what will happen to a person and their assets if they lose capacity or die.
  • Will: A legal document dictating who will receive a person’s assets at their death and who will guide those assets through probate.
  • Trust: A legal agreement naming someone to hold a person’s assets and use them as directed during and after their lifetime that allows for more control than a will and avoids probate at death. Special types of trusts can also be used to help with special needs and Medicaid planning
  • Power of Attorney: A legal agreement that authorizes someone else to manage a person’s assets on their behalf.
  • Advance Directive for Health Care: A legal document naming someone to make health care decisions for a person if they are unable to and giving that person instructions.
  • Special Needs Planning: Planning for benefits and other issues that arise when a child or loved one has a disability, can include supplemental needs trusts, ABLE accounts, and other tools to protect and empower.
  • Guardianship/Conservatorship: The court appoints someone to make financial (conservator) or health care and other (guardian) decisions for a person who lacks capacity.
  • Probate: The court process of administering a deceased person’s estate to pay creditors and distribute remaining property.
  • Trust Administration: The private process of administering a trust, frequently after a death as an alternative to probate.
  • Medicaid: The state/federal program responsible for, among other things, helping individuals pay for long term care if they cannot afford it.
  • Veterans’ Benefits: Various benefits available to military veterans to help pay for medical and other costs.

Article Provided by:
McGinty & Belcher Attorneys
503-371-9636
www.Mcginty-Belcher.com


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The probate process – How it works and why it’s important

The Probate process begins with the filing of a Petition for Probate and the court appointment of a personal representative (PR).

Probate is the process of collecting and distributing a deceased person’s assets under court supervision. The Probate process allows for an estate to be distributed to its heirs and creditors in an orderly and systematic manner, but unfortunately it is a process that many of us do not fully understand until someone we love has passed away.

What Happens During the Probate?

The Probate process begins with the filing of a Petition for Probate and the court appointment of a personal representative (PR). The PR is the person nominated by the decedent’s will or the Court to handle the legal affairs of the estate. During a Probate case the PR is responsible for:

  • Providing notice to all heirs and beneficiaries that a probate case is taking place.
  • Providing notice to creditors so they can file a claim for any debt owed to them.
  • Publishing a Notice in the local paper so anyone who has a claim against the estate can notify the PR.
  • Collecting estate assets and submitting an Inventory to the Court.
  • Submitting a list of creditor claims to the Court.
  • Paying the remaining taxes of the estate.
  • Providing a detailed accounting to the Court and to the beneficiaries.

When the Court provides the PR with permission to distribute the estate, the PR must pay all expenses and costs of administration and creditor claims first. The PR is also authorized to receive compensation for their duties. The remaining assets are then distributed among the estate beneficiaries.

Do I Need an Attorney?

Handling a Probate can often involve a number of complexities. Sometimes the Will is contested, there is estate property that must be sold, assets are owned in other estates or tax issues. The PR often becomes overwhelmed by the number of tasks they are responsible for and the high standards to which they are held by the Court. In order to make the process run smoother, it is highly recommended that the PR hire an attorney or law firm, such as McGinty and Belcher Attorneys, to assist them with the preparation and filing of court documents. By retaining an experienced attorney, you can avoid unnecessary delays and minimize any potential complications.
Article provided by: Kathy Belcher,
McGinty & Belcher Attorneys
503-371-9636


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