What Is An Estate Planning Attorney?

Estate planning attorneys fall under the elder law umbrella but focus more specifically on managing your estate and handling the probate process. They have a comprehensive understanding of the state and federal laws surrounding your estate, including how it is valued, distributed, and taxed upon your passing. Estate planning is a crucial aspect of planning for retirement and your later years. It also rounds out the long-term care planning process since it allows seniors to ensure their assets are in order prior to requiring care or in the face of a long-term care stay.

What Does an Estate Planning Attorney Do?

An estate planning attorney takes care of a variety of tasks and processes associated with your estate. In addition to creating a last will and testament and designating beneficiaries for your assets, an estate planning attorney can establish a power of attorney, help reduce or avoid estate tax, assist during the probate process, and set up asset protection trusts.

Since an estate planning attorney can provide crucial legal advice and guidance regarding your estate, they are an important ally during retirement and long-term care planning. Plus, you will require the help of an attorney to take care of certain legal processes, such as establishing a trust and designating a power of attorney.

In terms of long-term care planning, an estate planning attorney can help you:

• Setup an asset protection trust to avoid draining your savings on care costs

  When planning ahead for long-term care, an estate planning attorney can establish a trust to shield your assets from Medicaid. An asset protection trust must be funded at least five years before you require long-term care in order to outlast the Medicaid penalty period.

• Pursue Medicaid benefits to cover your long-term care costs

  If you or your loved one is already in a long-term care facility or about to enter one, an estate planning attorney can help you seek Medicaid eligibility to cover your care costs. An attorney who specializes on Medicaid planning will be well-versed in Medicaid’s rules and requirements, so they understand how to get you the benefits you deserve.

• Protect your assets from Medicaid or a long-term care facility

  Whether you are planning ahead or in a crisis situation, an estate planning attorney can help you transfer assets in order to protect your savings from Medicaid estate recovery or from being drained on long-term care costs.

• Establish a power of attorney

  If your loved one is no longer of sound mind, an estate planning attorney can establish a power of attorney so their spouse, children, or other loved one can make legal, financial, and/or medical decisions on their behalf.

• Prepare for your end-of-life affairs

  On top of planning for long-term care, and estate planning attorney can help you prepare and set aside funds for your end-of-life expenses. Everyone deserves a funeral, but the last thing you want is to leave your loved ones with the stress of planning for and covering these costs.

• Preserve a legacy for your loved ones

  Whether an estate planning attorney is helping you pursue Mediciaid eligibility or safeguard your assets ahead of a long-term care stay, the end goal is the same - preserving a legacy for your spouse, children, or other loved ones.