Affinity Law

Affinity means “the relationship existing between things or persons that are naturally or involuntarily drawn together” (https://www.merriam-webster.com/thesaurus/affinity). These relationships can be biological, legal, or interest-based. They can be natural or chosen.

I help my clients consider the people and groups with whom they have affinity and develop plans to take care of those people and groups now, and into the future.

Estate Planning

Thinking about our own mortality is never easy. It’s natural to feel uneasy about it, but it’s crucial to make sure your loved ones have a clear plan if you are no longer here. This isn’t just about your assets (although that is certainly part of the plan). If you have minor children, a well thought out estate plan will also outline what will happen to them, in the event you are not able to parent them until they reach adulthood.

I offer personalized guidance to each client, helping you figure out whether a will or a trust best suits your needs. From there, I’ll draft the necessary documents to ensure your wishes are honored, both for your assets and for the care of your minor children. We’ll also look into how your assets can be managed in a way that avoids court involvement after your passing.

Beyond that, I prepare key documents like medical and financial Powers of Attorney and Advanced Healthcare Directives. These are crucial if you ever become incapacitated and need someone else to step in and make decisions on your behalf.

Young Adults (Age 18-24)

Every young adult should have, at a minimum, a General and Medical Durable Power of Attorney. Click here to read why. I provide these as stand-alone documents or as part of a larger estate plan for either the young adult or their parent(s)

Elder Law

For folks who are getting older and wish to consider how to protect their assets and plan for a future in which they (or their spouse/partner) may need long term medical care, it is important to consider whether my clients may need to implement strategies to qualify for Medicaid if/when the time comes when there is a need.

I help my clients understand the various options, along with the risks and benefits of such plans. We discuss whether including an MAPT might make sense in the overall scheme of the client’s unique estate plan.

Special Needs Trust Planning and Administration

SNTs are used when a loved one has a disability that needs to be accounted for to protect that person’s access to government benefits, such as SSI, and/or Medicaid.

I discuss the pros and cons of SNTs with my clients, and help them to understand what can and cannot be accomplished. We also discuss how the use of ABLE accounts can assist the client in achieving their goals.

I create the documents to establish the trust, educate the necessary people on their obligations under the trust, and assist in making sure the terms of the trust are being followed. I also prepare and file the necessary paperwork with the Court on an ongoing basis.

Probate & Trust Administration

This is the court process of transferring assets from a deceased person to their heirs or beneficiaries. This is necessary when a person dies with assets that need a court order for ownership to be transferred. This is a technical process that requires certain actions be taken within specified time periods.

For smaller estates, I help the person responsible to file a Simple Estate Affidavit.

For larger estates, I handle full probate proceedings, helping the Personal Representative to understand their role and obligations, and ensuring the necessary documents are filed in a timely manner with the Court.

When asset ownership is transferred via a trust (rather than probate), there are certain records that must be kept, and reports that must be prepared and submitted to the Court to ensure that the trust is being administered as intended. I help my clients understand how the trust works and what their obligations are under the trust’s terms. I also prepare and file the necessary paperwork with the Court.

Guardianship / Conservatorships

Sometimes, a loved one is incapable of making some, or all, of their own decisions. In those instances, the Court can appoint a guardian and/or a conservator for the person.

Guardians are granted specific authority by the Court to make certain decisions on behalf of the protected person, such as legal decisions, where the person will live, and other day-to-day decisions.

Conservators are appointed to make financial decisions on behalf of the protected person.

Guardians and conservators have to follow certain rules and guidelines, and they must make periodic reports to the Court. I advise Guardians and Conservators about their duties and prepare and file the necessary paperwork with the Court.

If you would like to learn more about estate planning, generally, before attending a consultation, I offer free educational seminars (online and in person). Details TBA.

If you are part of a group you think would benefit from such a seminar, please contact me. I would be happy to come and do a tailored seminar for you and your friends, colleagues, and/or associates.

I am excited to announce that I’ve joined the WealthCounsel community! I’m looking forward to sharing knowledge and ideas with this terrific group of attorneys and delivering top-notch estate planning and elder law services to my clients.

FAQ

Do I need an estate plan?

Yes. It’s a tough topic to think about, but we all need to consider the reality that we will pass away one day. Additionally, some of us may lose our ability to make competent decisions due to illness or injury before that time comes. This is why having an estate plan is crucial. Your individual circumstances will dictate the type of plan you need. Whether you need a will and/or trust depends on the value of your assets, tax implications, and personal situations such as having minor children or beneficiaries with disabilities who receive government benefits like Medicaid/SSDI. Even if you have few assets or no minor children, it’s essential to have Power of Attorney documents to designate who will make medical and financial decisions for you if you become incapacitated. Also, Advanced Healthcare Directive documents are necessary to outline your medical care preferences under specific conditions.

Isn’t Estate Planning expensive?
The cost of an estate plan depends heavily on its complexity. Not having an estate plan, however, doesn’t eliminate costs associated with transferring your assets. Without an effective plan, the probate process is often more expensive. It’s a matter of paying some money now or having your loved ones pay more later. Additionally, the psychological burden on family members who lack clear guidance about your wishes can be immense, often leading to disputes. An estate plan is a responsible way to reduce this burden and clarify your intentions, making the process smoother for your loved ones.

What is the difference between a will and a trust?

A will addresses only what will happen at the time you pass away, whereas a trust also addresses what will happen with assets during the your lifetime, including if you become incapacitated and needs someone else to start making decisions for you.

When Should I Start Thinking About Medicaid Planning

It is best to thinking about Medicaid Planning early, and ideally, at least 5 years before you may end up needing Medicaid benefits. Everyone’s situation is different and, thus, it is impossible to state a universal age when someone should consider this type of planning. We can discuss your individual circumstances to decide if now is the right time for this, or if waiting is the better option for you.

Do you charge a consultation fee?
I do not charge a fee to meet for 30 minutes to discuss your estate planning needs.