Resources & FAQs
Client Information Disclosure Authorization Form
Free Funeral and Disposition of Remains Directive form.
To learn more about this form, see our June 2019 blog post titled “Who Will Handle My Funeral Arrangements?“
Frequently Asked Questions (FAQs)
Do I need a will?
First, you must have a will to leave your property to someone other than your children. This includes your spouse! Second, a will sets forth your wishes for any particular items or gifts that you would like to go to someone other than your children.
Third, you must have a will to designate the executor (the person responsible for administering your estate according to the will).
Last, having a will lets everyone know your exact wishes and prevents disputes and delays in handling the estate.
What if I don’t have a will?
Without a will, community property (property acquired during the marriage) is divided: ½ to spouse, ½ to children, subject to spouse’s right to use the property until remarriage.
Separate property (spouses had a separate property agreement or inherited the assets) goes to the children or blood relative of the deceased.
How often should I update my estate planning documents?
Your documents should be reviewed every 5 years, and at any time you have a major life change such as birth or adoption of a child, death of a person named in your will, acquisition of assets, start up of a business, divorce, or other significant events.
What does probate mean?
Although probate technically means the recognition of the will, many people refer to probate as the succession process in general regardless of whether there is a will. There are numerous legal requirements to follow and an attorney is necessary to handle these court proceedings.
My loved one has passed away, what do I need to do?
First, you should fill out our probate worksheet found here. Then, call our office to make an appointment for a free consultation.
We can help you through this process and will do everything we can to make it as streamlined and economical as possible.
Can you help me (or my parents) qualify for long term care/Medicaid?
Some people wish to remove assets from their name in order to position themselves so that they will only be in control of not more than $2,000 of assets, often by transferring assets to children or to certain irrevocable trusts at least five years before entering a nursing home facility. While we are familiar with Medicaid eligibility rules, our law firm has made the business decision that it will not advise potential clients regarding Medicaid eligibility rules. Medicaid rules have significant tax and other consequences including potential payback requirements that should be carefully considered As a result, we do not seek out these individuals who wish to impoverish themselves in order to obtain nursing home benefits, and instead will refer such potential clients to attorneys or consultants who handle these matters.
How much is this going to cost?
Because every situation is different we cannot quote exact prices over the phone. However, our initial consultation is free and most fees are on a flat rate so you know exactly what your costs will be.