Video FAQs

• Will the government or state take my house if I go into a nursing home?
• Will I still have control over my property if I have a revocable living trust?
• Why should I use an elder law attorney to help me apply for Medicaid benefits?
• Why is it important to plan for same sex partners and domestic partners?
• Why is it important for someone to put an special needs trust in place if they want to leave money to a disabled person?
• Who needs estate planning?
• Who inherits my Individual Retirement Account (IRA) if I do not name a beneficiary?
• Who controls the money in the supplemental needs trust?
• When should an estate plan be reviewed?
• When is a guardianship necessary?
• When does a power of attorney become effective?
• What steps should I take to protect the house in case of nursing home costs?
• What special planning should I do for my special needs child?
• What obligations and rights does a guardian have?
• What is undue influence?
• What is the penalty or disqualification period for transferring property?
• What is the difference between an assisted living residence and a nursing home?
• What is the difference between a special needs trust and a supplemental needs trust?
• What is the difference between a guardian of the person and a guardian of the property?
• What is the difference between a first party special needs trust and a third party special needs trust?
• What is probate?
• What is estate planning?
• What is elder law?
• What is elder abuse?
• What is an advance medical directive and a living will?
• What is an advance directive?
• What is a special needs trust?
• What is a pour over will?
• What is a no contest clause?
• What is a health care proxy?
• What is a guardianship or conservatorship?
• What impact do the beneficiary designations on my life insurance policies, annuities, and retirement accounts have on my estate plan?
• What if someone had filed a petition to appoint a guardian for me?
• What if I have more children after writing my will?
• What if I already have a will and now I want to make changes?
• What happens if the person named in the will as executor (personal representative) dies first?
• What effect does a deed with a retained life estate interest have on my real property and estate plan?
• What does transfer for less than value mean?
• What does spend down mean?
• What does it mean to fund a trust?
• What documents should I have in my estate plan that will help me plan for long term care?
• What are the Medicaid application and eligibility requirements?
• What are the formalities of signing a power of attorney?
• What are the disadvantages of a power of attorney?
• What are the disadvantages and advantages of a guardianship?
• What are the common mistakes in Medicaid asset protection planning?
• Under a power of attorney can my agent make a gift on my behalf?
• Should I talk with the person I intend to appoint before completing a durable power of attorney?
• Should I have a power of attorney for healthcare?
• Should I add my family members name on my assets and avoid a will?
• Should a trustee of a supplemental needs trust consult with an attorney to administer the trust?
• My parents live with me. Can they use their money to help pay for some of the expenses?
• My husband died without a will. We have two children. Will I inherit everything?
• Must third parties honor a power of attorney?
• Must I leave something to my spouse and my children in my will?
• Must I give my agent full power over all my property?
• Is property held in an applicants revocable living trust a countable asset for Medicaid eligibility purposes?
• If I have all my estate planning and long term care documents from another state, do I have to have them redone in Florida?
• If I give someone power of attorney do I forfeit my own rights to make decisions?
• If I enter a nursing home as a private pay resident do I have to use my assets before I can get Medicare?
• If I create a revocable living trust do I still need a will?
• If a guardianship exists in a former state of residence and an incapacitated man moves to Florida, must he create a new guardianship?
• I did some estate planning in the past with my financial advisor. Should I still consult an estate planning attorney?
• How is a guardian appointed?
• How does a power of attorney terminate?
• How do I get a special needs trust in my will for the benefit of a disabled person?
• How can I leave specific items to particular people?
• How can an estate plan prevent a conservatorship proceeding?
• How can an estate plan make things easier on my family after I die?
• Does the way in which I hold title make a difference in my overall estate plan?
• Does a trustee have to provide an accounting?
• Does a revocable living trust offer asset protection?
• Do I need a will if I own almost nothing?
• Do I need a lawyer for estate planning or can I hire a paralegal or another non-attorney to assist me?
• Do I have to wait 5 years after giving anything away to get Medicaid?
• Do I have to be wealthy to set up a trust?
• Do all attorneys practice elder law?
• Can I use my will to name a guardian to care for my young children and manage their property?
• Can I pre-plan and pre-pay for my funeral and burial expenses?
• Can I name alternate beneficiaries in my will?
• Can I name a trust as the beneficiary of my life insurance policies, annuities, and retirement accounts?
• Can I make provision in my will for my pets?
• Can I leave something to a charity in my will?
• Can I leave my property to anyone I choose?
• Can I leave directions about my final ceremonies and the disposition of my body in my will?
• Can I have a durable power of attorney that becomes effective only in the future?
• Can I disinherit an adopted child?
• Can I control how money is left to my children?
• Can I add my daughter’s or son’s name to my bank account instead of having a power of attorney?
• Can all elder law attorneys handle all issues that come up in an elder law context?
• Can a will be changed or revoked?
• Can a widow of a veteran receive VA aid and attendance?
• Are there ways for me to protect some of my assets and still be eligible for Medicaid benefits?
• Are there other ways of leaving property to my beneficiaries other than through a will or a trust?
• Are there any means for me to retain control of my assets while also protecting them from the reach of nursing homes?
• Are there any assets that Medicaid does not consider available to the Medicaid applicant and/or his spouse?
• Are the rules for Medicaid different in each state?
• Are guardianships for minor children different from guardianship for older persons?
• Are guardianships for disabled persons different from guardianships for older persons?
• Am I allowed to keep all of my Social Security and pension if I am in a nursing home and Medicaid is paying for my care?