GLENN A. DEIG, CERTIFIED ELDER LAW ATTORNEY BY THE NATIONAL ELDER LAW FOUNDATION

In today's world, you need straight and understandable answers to your questions about what happens to your assets in case of your inability to handle your own affairs, placement in a nursing home, or death.  As a Certified Elder Law Attorney and an Estate Planning and Administration Specialist, Glenn A. Deig can assist you and your family in estate and other related planning. 

Although this web site is updated regularly, the laws regarding wills, estates, trusts, nursing homes, and Medicaid change frequently.  The information which you obtain at this site is not, nor is it intended to be, legal advice.  You should consult with an attorney for individual advice regarding your situation.

Q.  WHAT IS A CERTIFIED ELDER LAW ATTORNEY?

A.  A Certified Elder Law Attorney has the experience and skills to handle and advise you on questions related to health, long-term planning, the conservation, disposition and administration of your estate such as wills, trusts, probate, the use of powers of attorney, guardianships, the elder person's legal, physical, and mental capacity, and public benefits such as Medicaid, Medicare, and Social Security.  He is certified after qualification and examination by the National Elder Law Foundation.

Q.  WHAT ARE THE QUALIFICATIONS FOR BECOMING A CERTIFIED ELDER LAW ATTORNEY?

A.  In order for an attorney to become a Certified Elder Law Attorney, he must have the following qualifications and apply to The National Elder Law Foundation:

• License:  He must be licensed to practice law.
• Practice:  He must have practiced law for 5 years before the application and must still be practicing.
• Integrity/Good Standing:  His license must be in good standing with the State.
• Legal Requirements:  He must have spent an average of at least 16 hours per week practicing Elder Law during the 3 years before the application.  He must have handled at least 60 Elder Law matters during those 3 years with a specified number in each subject on which the attorney is tested.
• Continuing Legal Education:  He must have at least 45 hours of continuing legal education in Elder Law during the 3 years before the application.
• Peer Review/Professional References:  He must provide the names of 5 references from attorneys already certified in Elder Law who state that he is competent and qualified in the Elder Law area.
• Examination:  He must pass a full day certification examination.

Glenn A. Deig, Certified Elder Law Attorney by The National Elder Law Foundation has completed all the qualifications and examinations.

Q.  WHAT ARE THE QUALIFICATIONS TO BECOME AN ESTATE PLANNING AND ADMINISTRATION SPECIALIST?

A.  A trust is a legal arrangement where the person who creates the trust, called the settler or grantor, transfers property to another who is called the trustee.  The trustee manages and invests the trust property for the benefit of the trust beneficiaries.  The trust property consists of those assets and/or property that is transferred to the trustee by the grantor.

Q.  ARE THERE DIFFERENT TYPES OF TRUSTS?

A.  YES

A trust is created by a written instrument.  It benefits one or more people.  These people are called your beneficiaries.  The care or management of the trust is in the hands of the trustee who can be a person, bank or trust corporation.  The type of trust that you select depends on your needs or the needs of your family.  You do not need to be wealthy to create a trust. 

A living or inter vivos trust is a trust created during your lifetime.  You are the trust grantor or settler.  The provisions for the trust are put in a trust agreement.  This trust agreement usually makes provisions for the property in your trust upon your death.  It can be revocable, meaning that you can change or terminate the trust at any time.  It can also be irrevocable, meaning that you can not change or terminate it.  Either way, the trust is managed if you are physically, mentally, or legally incapacitated.  This trust document and not your will determines what happens to your property on your death.

Another type of trust is the testamentary trust which is provided for in your will.  Trusts can be created for minor children in case both parents die.  The trust can be used for support, education and other needs.  The type of trust you set up depends on your and your family's needs.

Q.  WHY WOULD YOU SET UP A TRUST?

A.  Some of the reasons for setting up trusts are as follows:

• You may avoid guardianship proceedings for your property if you become incapacitated. 


• You may avoid probate administration of the trust assets after your death.


• You do not have to resort to the courts for a court appointed guardian if a trust beneficiary becomes incompetent.


• Your trust agreement is confidential and unlike wills is not made part of the public record.


• You provide a way to dispose of your property over a period of time.


• You prevent beneficiaries or their creditors from losing the property of the trust.


• The trust is managed by an objective party until your beneficiaries reach a certain age that you have chosen.


• You prevent minors from inheriting property outright, thereby eliminating the necessity of having a court appointed guardian of the estate during the child's minority.

Q.  WHAT IS PROBATE?

A.  Probate is the legal process through a court where you file your will, gather assets, pay debts, pay taxes, pay administration expenses, and distribute your remaining assets to your named beneficiaries.

Q.  WHY DO YOU NEED A WILL?

A.  A will distributes your property according to your written wishes.  It is a tool where you can name a guardian for any of your minor children, set up a testamentary trust, eliminate the need for bonds, handle inheritance tax issues, and eliminate the need for the supervision by the court of a minor child's inheritance. 

If you do not have a will, your property will be distributed according to the laws of the State where you have a legal residence. 

In order to make a will, you must be of sound mind and at least 18 years old.  The will must be in writing and signed by you and at least two other witnesses as required by State law.

Q.  WHAT IS AN EXECUTOR OR PERSONAL REPRESENTATIVE?

A.  An executor may also be called a personal representative.  It is a person or institution that is chosen by you in your will to oversee and distribute your estate according to your will.  The executor is in charge of gathering assets, paying debts, paying taxes, and distributing your remaining assets to your named beneficiaries.  The executor is legally responsible for the administration of the estate.  In addition, the executor may be entitled to reasonable fees for administering the estate.

Q.  WHAT YOU SHOULD CONSIDER WHEN YOU ARE MAKING A WILL?

A.  You should consider the following:

• To whom do you want to leave your property?


• How do you want to handle inheritance taxes?


• If you have minor children, who will be named their guardian?


• Who will be your personal representative or executor?


• Do you want to create a trust?


• What do you want to do with life insurance proceeds?

Q.  WHAT IS A POWER OF ATTORNEY?

A.  A power of attorney is a document where you name a person to act on your behalf in certain situations.  It is also useful to appoint someone to act on your behalf in case you are disabled or become incompetent.  It begins and ends as stated in your power of attorney document.  It also ends when it is revoked by you or you die. 

A power of attorney is not supervised by the court.  You must be careful of the powers you give the named person in order to eliminate the potential for abuse of your assets. 

You can appoint a person as an attorney in fact in a power of attorney if the person is at least 18 years old.  You may also appoint a corporation, trust or partnership as your attorney in fact.

Q.  WHAT IS A HEALTH CARE CONSENT?

A.  A health care consent is a power of attorney specifically set up where you name a person to make your health care decisions if you are not able to make those decisions for yourself.

Q.  WHAT IS MEDICAID?

A.  Medicaid is a program which is funded jointly by the states and the federal government.  Medicaid pays for long-term nursing care for individuals who qualify.

Q.  CAN YOU STILL OWN PROPERTY AND GET MEDICAID?

A.  Medicaid has limits on the amount of assets you can own to get Medicaid.  These limits change frequently.  There is certain property such as cash money in the bank, stocks, bonds, and cash surrender values of life insurance which count as assets to determine whether you are eligible for Medicaid. 

Eligibility for Medicaid has many different rules and changes frequently.  You should see a Certified Elder Law Attorney to carefully review your particular circumstances and the law applicable to you at that time in order to put a plan in place to protect you, your spouse, and family.  This Medicaid planning can be done either prior to entering a nursing home or during a nursing home stay.  It is not too late to make a plan to preserve and protect assets even after a person has entered the nursing home.

Q.  DO I STILL NEED ESTATE PLANNING EVEN IF MY ASSETS ARE NOT VERY LARGE?

A.  Estate planning is appropriate for all sizes of estates whether you are wealthy or comfortable.  Estate planning helps you, your children, your family and friends know your wishes.  It helps protect your assets and it allows for an orderly distribution of your assets upon your death.  It makes your family and friends more comfortable during their time of greiving to know that you have taken care of them and all the details related to probate.