Question: Should i hire an elder law attorney?

A reputable elder law attorney helps protect your senior’s legal and financial situation and helps you figure out how to pay for the care they’ll need. The fees are well worth it if they can save your family thousands of dollars and avoid future legal headaches.

How much does an elder attorney cost?

In California, the fees attorneys can charge of probate work is set by statute, based on the gross value of the estate. The attorney’s fee schedule is as follows: 4% of the first $100,000 of the gross value of the probate estate. 3% of the next $100,000.

What is the difference between elder law and estate planning?

The basic difference is that Elder Law planning seeks to preserve your income and assets for use while you are alive. … Estate planning is primarily concerned with implementing your wishes and distributing your assets after you pass on, in the most efficient and tax advantaged way.

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What questions should you ask an elder law attorney?

Ask Questions First

  • How long has the attorney been in practice?
  • Does his or her practice emphasize a particular area of law?
  • How long has he or she been in this field?
  • What percentage of his or her practice is devoted to elder law or special needs planning?

What does Elder Law consist of?

According to the National Academy of Elder Law Attorneys, elder law encompasses many fields of law, with elder law attorneys specializing in numerous areas, which can include: Administration and management of estates and trusts. Elder abuse and fraud. Estate planning, probate, trusts, wills and other financial …

Are elder care attorneys worth it?

A reputable elder law attorney helps protect your senior’s legal and financial situation and helps you figure out how to pay for the care they’ll need. The fees are well worth it if they can save your family thousands of dollars and avoid future legal headaches.

What do elder law attorneys look for?

The ideal elder law attorney will be well-connected with other care professionals in your area. He or she should be able to direct you to elder care coordinators, social workers, and nursing home directors who can work with your attorney to help you make the best decisions for your long-term care needs.

Does putting your home in a trust protect it from Medicaid?

That’s because the trust achieves Medicaid eligibility and protects its value. Your home can eventually be transferred to your children, rather than be lost to the government. You don’t have to move because you can state in the trust that you have a legal right to live there for the rest of your life.

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Will a trust protect my assets from Medicaid?

Set up properly, an irrevocable Medicaid trust protects your assets from a Medicaid spend down. It allows you to qualify for long-term care at the same time. It also means your assets can pass down to your spouse and children when you die. That is, if it is so stated in the terms of the trust.

What is elder law in Florida?

Purpose. The Elder Law Section exists to cultivate and promote professionalism, expertise and knowledge in the practice of law regarding issues affecting the elderly and persons with special needs, and advocates on behalf of its members.

To make it easier for seniors to find an attorney, AARP began its Legal Services Network in the fall of 1996. The network provides AARP members with a free 30-minute initial consultation with an attorney who meets AARP’s standard of experience and customer service.

What happens to your home when you go into a nursing home?

In summary, the general rule is that, while a senior is alive, their home will not be “taken” or required to be sold to pay the nursing home or the state government. However, their home may need to be sold to repay the state after their death.

How do I prepare for an estate planning meeting?

How To Prepare for Your First Estate Planning Appointment

  1. Fill out your attorney’s intake questionnaire. …
  2. Gather your financial documents. …
  3. Bring copies of your current estate plan documents. …
  4. Divorce agreements, premarital agreements, and other relevant contracts. …
  5. Choose your executors and health care agents.
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Can a nursing home take all your assets?

A nursing home can’t “go after” a person’s home or other assets. The way it works is that when a person goes into a nursing home they have to find a way to pay for the cost of their care. Most seniors have Medicare. But Medicare provides only limited nursing home benefits and only to people who need skilled care.

What does Elder Care do?

Elder care, often referred to as senior care, is specialized care that is designed to meet the needs and requirements of senior citizens at various stages. As such, elder care is a rather broad term, as it encompasses everything from assisted living and nursing care to adult day care, home care, and even hospice care.

What does a Medicare lawyer do?

Medicare Fraud

An attorney can help defend you against these claims and reach an ideal conclusion for your circumstances. If you would like to learn more about Medicare or if you need the assistance of an attorney to help you navigate the Medicare process, contact Alperin Law today to schedule your consultation.

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