Legal Tips

Practical legal guidance from an experienced elder law attorney, to help you protect your family, assets, and future

1. What Happens If You Die Without a Will?

If you die without a valid will, your state’s intestacy laws determine who inherits your assets. This process can be lengthy, expensive, and may not reflect your wishes. Creating a will gives you control over how your estate is distributed.

2. Do You Really Need a Power of Attorney?

A Power of Attorney allows someone you trust to make financial or legal decisions on your behalf if you become unable to do so. Having one in place can help your family avoid unnecessary delays and court involvement.

3. What Is the Difference Between a Will and a Trust?

Both help protect your assets, but they serve different purposes. A will directs how your property is distributed after death, while a trust can help avoid probate, provide privacy, and manage assets during your lifetime.

4. How Can I Protect My Family From Probate?

Probate is the legal process of administering a deceased person’s estate. With proper estate planning—including trusts, beneficiary designations, and other legal tools—many families can reduce or avoid probate altogether.

5. When Should I Update My Estate Plan?

Review your estate plan after major life events such as marriage, divorce, the birth of a child, retirement, moving to another state, or significant financial changes. Even without major changes, it’s wise to review your documents every three to five years.

6. What Is Elder Law and How Can It Help?

An elder law attorney helps older adults and their families plan for the future through estate planning, long-term care planning, Medicaid planning, guardianship matters, and protecting assets while preserving dignity and independence.