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Frequently Asked Questions

  • 1. What does an estate lawyer do and when should I hire one?

    An estate lawyer helps clients create legally sound plans to manage and distribute their assets during a period of incapacity and after death. You should hire one when drafting a will, setting up trusts, or planning for tax-efficient asset transfer. They also provide guidance on powers of attorney, healthcare directives, and guardianship.

  • 2. How can a probate attorney help during the probate process?

    A probate attorney guides executors and beneficiaries through the legal steps of validating a will, distributing assets, and settling debts. Whether you’re facing a contested estate or just need help navigating the court process, a probate lawyer ensures everything complies with state laws.

  • 3. What legal services does an elder law attorney offer for aging individuals?

    An elder law attorney provides legal support tailored to seniors, covering long-term care planning, guardianship, Social Security, and healthcare decisions. A trusted elder law lawyer helps ensure your rights and benefits are protected as you age.

  • 4. Why is asset protection important, and what can an asset protection attorney do?

    An asset protection attorney helps safeguard your property from lawsuits, creditors, and estate taxes, and when integrated with your estate plan properly, not only for you during your lifetime, but for and into your beneficiaries/heirs as well. They utilize legal tools such as trusts, LLCs, and strategic planning to shield personal or business assets—making an asset protection lawyer essential for high-net-worth individuals or business owners.

  • 5. What is Medicaid planning and how can a Medicaid planning attorney help?

    A Medicaid planning attorney helps you legally qualify for long-term care coverage without depleting your assets. Proper strategies ensure that seniors can protect their wealth while accessing nursing home care or other benefits. A medicaid attorney also assists with applications and compliance with federal and state rules.

  • 6. Do I need a power of attorney and who should I appoint?

    Yes, creating a power of attorney ensures that someone you trust can manage your finances or make healthcare decisions if you’re unable to do so. This avoids an expensive and time-consuming Court supervised guardianship, and the very real possibility that the Court will appoint a stranger to manage your assets and not the people you would otherwise choose to manage your affairs. An estate lawyer can help you draft durable, medical, or financial powers of attorney tailored to your needs.

  • 7. What happens if someone dies without a will and how does a probate lawyer get involved?

    If a person dies intestate (without a will), state law determines how their assets are distributed. A probate lawyer can represent heirs in court to ensure rightful inheritance and handle disputes or claims from creditors.

  • 8. How can an elder law lawyer help with long-term care planning?

    An elder law lawyer provides strategies to manage the high costs of long-term care while preserving your assets. This may involve Medicaid planning, long-term care insurance advice, and trust setup to ensure your future is secure.

  • 9. What steps are involved in setting up a trust with an estate lawyer?

    An estate lawyer helps establish various types of trusts—revocable, irrevocable, or special needs trusts—to manage your estate efficiently. They ensure the legal structure meets your financial and family goals while minimizing taxes and avoiding probate. Come meet with us for your free one (1) hour consultation and you’ll see, contrary to that heavy weight of responsibility you may be feeling, how easy, pain free and straightforward our process is after over three decades of refinement.

  • 10. Can an asset protection lawyer help business owners protect their personal assets?

    Absolutely. An asset protection lawyer structures your business legally to separate personal and business liabilities. This often involves setting up LLCs, using holding companies, or utilizing offshore trusts depending on your goals.

  • 11. When should I start working with a medicaid planning attorney?

    It’s best to consult a medicaid planning attorney before you or a loved one needs long-term care. Early planning helps preserve assets, qualify for Medicaid sooner, and avoid costly mistakes that may result in benefit denial. Do not, I repeat, DO NOT list or sell your loved one’s home in an effort to qualify for Medicaid before you come speak with me!

  • 12. How can a probate attorney assist with a contested will?

    A probate attorney provides legal representation if someone challenges a will’s validity due to fraud, undue influence, or mental incapacity. They gather evidence, present your case in court, and protect the decedent’s true intentions. Moreover, in our estate planning process a key component in our planning is to create the best platform for your estate plan and your goals and objectives to overcome any such challenges.

  • 13. What documents should I prepare with an estate lawyer for full estate planning?

    An estate lawyer typically helps you create a last will and testament, living will, power of attorney, and one or more trusts. These documents ensure your wishes are honored and reduce legal complications for your heirs.

  • 14. What is the role of an elder law attorney in guardianship cases?

    An elder law attorney helps families navigate guardianship proceedings when an elderly person is no longer able to make decisions independently. They assist in court filings, advocate for the proposed guardian, and ensure the elder’s rights are upheld.

  • 15. What are the risks of not working with an asset protection attorney?

    Without an asset protection attorney, your wealth may be exposed to lawsuits, creditors, divorce, or estate taxes. Improper planning can result in lost assets, delays in estate transfer, or unintended tax consequences. With Ryan’s over three decades of experience in estate planning and asset protection work, when reviewing with you Ryan imports many of those asset protection techniques to best protect the assets you spent your lifetime working for, saving and acquiring for you and your family.