What is Elder Law?

As Elder Law attorneys, we specialize in every aspect of life management for those who are elderly—or will become elderly at some point in their lives (we hope that constitutes all of us!). Our practice areas include: Estate Planning (wills, living wills, powers of attorney, trusts, etc.); Estate Settlement; Estate Litigation; Medicaid Planning; Asset Protection; Disability Protection; and Guardianships.

 

I am not "elderly," so I don't need an Elder Law attorney, right?

Not exactly. Elder Law is somewhat of a misnomer. While many of our clients are senior citizens, people of all ages need to get their affairs in order and make their wishes known. In a perfect world, we will live long, healthy lives. But as we all know, life can change in an instant. And if your wishes aren't known if and when something traumatic happens, you, your assets, and your family could suffer terribly.

For example: If you're 32 years old, and you become suddenly incapacitated, do you have a designated spokesperson—someone who can make medical and financial decisions on your behalf? Do you have assets and/or children? If so, you should have a will, otherwise the State may step in and make decisions for you.

A person may not require a will if he or she meets two conditions:

1. The individual has no property of any kind to dispose of, nor any prospect of acquiring property (no cash, no land, no home, no pension, no securities).
2. He or she has no affection or responsibilities for any other person (no spouse, no children, no living relatives, not even a friend).

If you are not this person, then you need a will.

 

How do you charge?

In most cases, we charge an hourly rate. The only exception is estate planning, for which we charge a flat rate. Once we have met for the initial complimentary estate planning consultation, we will have a better idea of your needs and the complexity of your estate plan and we will advise you what that fee will be.

 

How long will it take to prepare my estate planning documents?

We pledge to complete your documents fastidiously and quickly. In general, the process takes about two weeks. If we expect the preparation time to extend beyond that, we'll let you know.

 

I can't find the original copy of my will, but I have a photocopy handy. Is that admissible?

No, a photocopy of your will is not considered a legal document and will not be honored. Be sure to store your original will in a safe place, such as a safe deposit box—never keep it at home. Alternatively, as a complimentary service to our clients, we will make a copy of the document for you and hold the original in our law-firm vault. Also important: Your original will should never be written on, marked up, changed, or altered in any way. If it is, the will could be considered "defaced" and may not be accepted by the Surrogates Court. Download a free copy of our report, "The Importance of Safeguarding Your Original Estate-Planning Documents."

 

How can I organize my documents so my family can find everything when they need it?

You should record all your important information and store it in a safe place (such as safe-deposit box), where your family can access it when needed. Include things like your Social Security data, property ownership, bank accounts, securities owned, etc. For your convenience, we have created an easy form for you to fill out. Download it for free here.

 

How often should I review my will?

Since our lives are in constant flux and our situations may change—births, deaths, job loss, financial windfalls, divorce, marriage, etc. may all come into play—we recommend you review your will every three to five years. In addition, state and federal laws change frequently, which could also affect the status of your will. As a special courtesy to our clients, we will remind you to review your will every five years.

 

How can anyone stay current with the law? It's always changing!

We understand that the law can be complex and confusing. That's why one of our major goals is to educate the public about the ever-evolving world of Elder Law. Every other Saturday morning, we host a fun and informative radio program, "Inside the Law." Tune into 1160 WOBM-AM at 10:00 a.m. Click here to view a schedule of upcoming topics.

In addition, we continually update our blog with relevant topics that are of interest to our clients. Plus, we send out an electronic newsletter twice a month that is filled with timely information, tips, and our speaking/seminar schedule. If you would like to subscribe, click here. (We never share our mailing list.)

Finally, we frequently host seminars and educational events. We would welcome you, your friends, and family members to an upcoming function. View our schedule here.

Have other questions about our firm or elder law? We'd love to help. Call us today at 732.657.0600, or click here to send a message now.