Would someone offer insight as to what usual fee for 2 wills and a trust would be?
Elder law attorney i saw told me 2 wills and a trust would be $ 1,200.My husband had medicaid for a time. Now I am concerned about" estate recovery" if I die first. Who said these are the golden years? I want to punch them
Thanks SallyB. I am still trying to understand what I have read so far. You are right it is complex and gives me a headache. Time to do a walk in the yard and ask God for discernment.
The possibility of Medicaid recovery should have been a very active part of the conversation because with appropriate planning, there should be no recovery. However, many estate planners do not recognize these issues. Did the attorney actually represent themselves as an "elder law" attorney? I would check to see the attorney is listed at www.naela.org (National Academy of Elder Law Attorneys) and/or ElderCounsel, both of which are nationally recognized elder law groups. This area of law is extremely complex and I can tell you that the fees are typically much higher than regular estate planning, but what they can do for a client is prevent them from going broke if they have to enter a nursing home and can also save their homes and assets from Medicaid recovery once they die.
GardenArtist raises some good points. I know for myself I picked a large law-firm because if my Elder Law attorney wasn't available, there were a half dozen Elder Law attorneys in the firm who could help.
Not to contradict FF, who offers great advice, but having worked for solo practitioners, small, mid and large sized law firms, I would avoid a solo practitioner. My experience was that they were less flexible, not as up to date on ancillary estate planning issues, and often had much more limited experience. They were not as likely to raise issues and offer suggestions, especially as to related tax issues.
The estate planning attorneys I've used have been 2 -one with a mid-sized law firm and another with a larger law firm. The former was reasonably priced; the second was not.
Actually, FF's cost was reasonable, especially for the DC area where a lot of high powered law firms hold sway.
Yes, getting older has become so very complicated. I got my Will/Trust completed last year.
The cost of two Wills and a Trust will vary from area to area. My Will/Trust, just for myself, was over $2,500. But I live in a larger metro area, the Washington DC burbs, and I had used a large well known law firm. I bet the smaller metro areas the costs would be less. And using a solo Elder Law attorney might even be less expensive if cost is an issue.
Sunflower, I think many of us feel overwhelmed at times, sometimes all the time! Just take it one step at a time, one project or new idea at a time and let it set in and be absorbed before moving on to the next.
If you need any help with the terminology, please feel free to ask. I use legal terminology b/c that's my background, but it doesn't always fall within someone else's vocabulary.
Don't forget you can ask questions of your doctor; if he/she has a PA or assistant, ask for that person's name so you can call him/her afterwards if you think of something else.
Garden Artist, thanks for your response. We have a Dr. appt. so I just read through and will carefully consider all you have written later. Everything seems to require learning new terminology. Today I have to focus on what the Dr. will tell us. Somedays I just want to be someone else.
The cost depends on a number of factors: how complex your estate plan needs to be, same issue with the trust, and whether there are any other ancillary documents such as POA and/or Living Will.
Additionally, and you should ask this of the attorney:
1. Will the attorney be handling funding of the trust? This would include preparing any deed if the house is to be transferred into the trust. It would also include changing ownership of financial assets to the name of the trust.
2. Will transfer of assets (funding) into the trust include a bill of sale that the attorney will prepare?
3. Have you contacted other attorneys to get prices so you can make a comparison?
3. Did you feel comfortable with this attorney, and felt as if you could trust him or her?
As to the issue of Medicaid and the concern of estate recovery: I assume your husband is no longer getting Medicaid? Did you raise the issue of recovery with the attorney? How long ago did your husband stop receiving Medicaid?
These are issues that should be addressed before any assets are transferred into the trust.
And BTW, I assume it's a Revocable Living Trust, not an Irrevocable Trust, with two separate Pour-Over Wills?
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The estate planning attorneys I've used have been 2 -one with a mid-sized law firm and another with a larger law firm. The former was reasonably priced; the second was not.
Actually, FF's cost was reasonable, especially for the DC area where a lot of high powered law firms hold sway.
The cost of two Wills and a Trust will vary from area to area. My Will/Trust, just for myself, was over $2,500. But I live in a larger metro area, the Washington DC burbs, and I had used a large well known law firm. I bet the smaller metro areas the costs would be less. And using a solo Elder Law attorney might even be less expensive if cost is an issue.
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It's planting time!
If you need any help with the terminology, please feel free to ask. I use legal terminology b/c that's my background, but it doesn't always fall within someone else's vocabulary.
Don't forget you can ask questions of your doctor; if he/she has a PA or assistant, ask for that person's name so you can call him/her afterwards if you think of something else.
Additionally, and you should ask this of the attorney:
1. Will the attorney be handling funding of the trust? This would include preparing any deed if the house is to be transferred into the trust. It would also include changing ownership of financial assets to the name of the trust.
2. Will transfer of assets (funding) into the trust include a bill of sale that the attorney will prepare?
3. Have you contacted other attorneys to get prices so you can make a comparison?
3. Did you feel comfortable with this attorney, and felt as if you could trust him or her?
As to the issue of Medicaid and the concern of estate recovery: I assume your husband is no longer getting Medicaid? Did you raise the issue of recovery with the attorney? How long ago did your husband stop receiving Medicaid?
These are issues that should be addressed before any assets are transferred into the trust.
And BTW, I assume it's a Revocable Living Trust, not an Irrevocable Trust, with two separate Pour-Over Wills?