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Video FAQs

• Will the government or state take my house if I go into a nursing home? ^[1]
• Will I still have control over my property if I have a revocable living trust? ^[2]
• Why should I use an elder law attorney to help me apply for Medicaid benefits? ^[3]
• Why is it important to plan for same sex partners and domestic partners? ^[4]
• Why is it important for someone to put an special needs trust in place if they want to leave money to a disabled person? ^[5]
• Who needs estate planning? ^[6]
• Who inherits my Individual Retirement Account (IRA) if I do not name a beneficiary? ^[7]
• Who controls the money in the supplemental needs trust? ^[8]
• When should an estate plan be reviewed? ^[9]
• When is a guardianship necessary? ^[10]
• When does a power of attorney become effective? ^[11]
• What steps should I take to protect the house in case of nursing home costs? ^[12]
• What special planning should I do for my special needs child? ^[13]
• What obligations and rights does a guardian have? ^[14]
• What is undue influence? ^[15]
• What is the penalty or disqualification period for transferring property? ^[16]
• What is the difference between an assisted living residence and a nursing home? ^[17]
• What is the difference between a special needs trust and a supplemental needs trust? ^[18]
• What is the difference between a guardian of the person and a guardian of the property? ^[19]
• What is the difference between a first party special needs trust and a third party special needs trust? ^[20]
• What is probate? ^[21]
• What is estate planning? ^[22]
• What is elder law? ^[23]
• What is elder abuse? ^[24]
• What is an advance medical directive and a living will? ^[25]
• What is an advance directive? ^[26]
• What is a special needs trust? ^[27]
• What is a pour over will? ^[28]
• What is a no contest clause? ^[29]
• What is a health care proxy? ^[30]
• What is a guardianship or conservatorship? ^[31]
• What impact do the beneficiary designations on my life insurance policies, annuities, and retirement accounts have on my estate plan? ^[32]
• What if someone had filed a petition to appoint a guardian for me? ^[33]
• What if I have more children after writing my will? ^[34]
• What if I already have a will and now I want to make changes? ^[35]
• What happens if the person named in the will as executor (personal representative) dies first? ^[36]
• What effect does a deed with a retained life estate interest have on my real property and estate plan? ^[37]
• What does transfer for less than value mean? ^[38]
• What does spend down mean? ^[39]
• What does it mean to fund a trust? ^[40]
• What documents should I have in my estate plan that will help me plan for long term care? ^[41]
• What are the Medicaid application and eligibility requirements? ^[42]
• What are the formalities of signing a power of attorney? ^[43]
• What are the disadvantages of a power of attorney? ^[44]
• What are the disadvantages and advantages of a guardianship? ^[45]
• What are the common mistakes in Medicaid asset protection planning? ^[46]
• Under a power of attorney can my agent make a gift on my behalf? ^[47]
• Should I talk with the person I intend to appoint before completing a durable power of attorney? ^[48]
• Should I have a power of attorney for healthcare? ^[49]
• Should I add my family members name on my assets and avoid a will? ^[50]
• Should a trustee of a supplemental needs trust consult with an attorney to administer the trust? ^[51]
• My parents live with me. Can they use their money to help pay for some of the expenses? ^[52]
• My husband died without a will. We have two children ^[53]. Will I inherit everything?
• Must third parties honor a power of attorney? ^[54]
• Must I leave something to my spouse and my children in my will? ^[55]
• Must I give my agent full power over all my property? ^[56]
• Is property held in an applicants revocable living trust a countable asset for Medicaid eligibility purposes? ^[57]
• If I have all my estate planning and long term care documents from another state, do I have to have them redone in Florida? ^[58]
• If I give someone power of attorney do I forfeit my own rights to make decisions? ^[59]
• If I enter a nursing home as a private pay resident do I have to use my assets before I can get Medicare? ^[60]
• If I create a revocable living trust do I still need a will? ^[61]
• If a guardianship exists in a former state of residence and an incapacitated man moves to Florida, must he create a new guardianship? ^[62]
• I did some estate planning in the past with my financial advisor. Should I still consult an estate planning attorney? ^[63]
• How is a guardian appointed? ^[64]
• How does a power of attorney terminate? ^[65]
• How do I get a special needs trust in my will for the benefit of a disabled person? ^[66]
• How can I leave specific items to particular people? ^[67]
• How can an estate plan prevent a conservatorship proceeding? ^[68]
• How can an estate plan make things easier on my family after I die? ^[69]
• Does the way in which I hold title make a difference in my overall estate plan? ^[70]
• Does a trustee have to provide an accounting? ^[71]
• Does a revocable living trust offer asset protection? ^[72]
• Do I need a will if I own almost nothing? ^[73]
• Do I need a lawyer for estate planning or can I hire a paralegal or another non-attorney to assist me? ^[74]
• Do I have to wait 5 years after giving anything away to get Medicaid? ^[75]
• Do I have to be wealthy to set up a trust? ^[76]
• Do all attorneys practice elder law? ^[77]
• Can I use my will to name a guardian to care for my young children and manage their property? ^[78]
• Can I pre-plan and pre-pay for my funeral and burial expenses? ^[79]
• Can I name alternate beneficiaries in my will? ^[80]
• Can I name a trust as the beneficiary of my life insurance policies, annuities, and retirement accounts? ^[81]
• Can I make provision in my will for my pets? ^[82]
• Can I leave something to a charity in my will? ^[83]
• Can I leave my property to anyone I choose? ^[84]
• Can I leave directions about my final ceremonies and the disposition of my body in my will? ^[85]
• Can I have a durable power of attorney that becomes effective only in the future? ^[86]
• Can I disinherit an adopted child? ^[87]
• Can I control how money is left to my children? ^[88]
• Can I add my daughter’s or son’s name to my bank account instead of having a power of attorney? ^[89]
• Can all elder law attorneys handle all issues that come up in an elder law context? ^[90]
• Can a will be changed or revoked? ^[91]
• Can a widow of a veteran receive VA aid and attendance? ^[92]
• Are there ways for me to protect some of my assets and still be eligible for Medicaid benefits? ^[93]
• Are there other ways of leaving property to my beneficiaries other than through a will or a trust? ^[94]
• Are there any means for me to retain control of my assets while also protecting them from the reach of nursing homes? ^[95]
• Are there any assets that Medicaid does not consider available to the Medicaid applicant and/or his spouse? ^[96]
• Are the rules for Medicaid different in each state? ^[97]
• Are guardianships for minor children different from guardianship for older persons? ^[98]
• Are guardianships for disabled persons different from guardianships for older persons? ^[99]
• 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? ^[100]

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