Protecting Your Parents' Assets From Nursing Home Costs

Author

Ashley Day Law

For more information about the author, click to view their website: Ashley Day Special Needs & Elder Law

Posted on

Jun 24, 2025

Book/Edition

Alabama - Gulf Coast

share-this
Share This

Protecting Your Parents’ Assets From Nursing Home Costs

Nursing home care costs have been rising over time, with many older Americans who require long-term care unable to afford it.

With proper planning, seniors may be able to rely on Medicaid to pay for this care – and still retain some of their assets – by exploring several different strategies.

The aging U.S. population means that more people will likely need nursing home care in the coming decades. Meanwhile, the cost of nursing home care is increasing — and expected to keep increasing.

With the exorbitant cost of nursing home care, many families worry about depleting their loved ones’ life savings to pay for the care they need. Private health insurance does not cover nursing home care, and while long-term care insurance is available to cover nursing home costs, these plans are also expensive and may come up short for long-term stays.

This leaves millions of Americans reliant on Medicaid to pay for nursing home care — a far from perfect solution that usually involves spending down assets to qualify. With proactive Medicaid planning, though, it is possible for someone to qualify for Medicaid and still retain some of their assets. The sooner you start planning, the more options you’ll have for protecting your parents’ assets from nursing home costs.

 

Odds of Needing Long-Term Care Are High

The lifetime likelihood of needing nursing home care is relatively high. About 70 percent of people who turn 65 today will eventually need some type of long-term care, including nursing home care.

About 1.3 million Americans aged 65 and older currently live in nursing homes, and about 40 percent of today’s 65-year-olds will spend some time in a nursing home before the end of their lives.

Women are more likely than men to need long-term care, and the older a person gets, the more likely they are to need it. At the same time, there has been a growing trend of younger adults (those under the age of 65) living in nursing homes, in part due to Medicaid eligibility expansion under the Affordable Care Act. Research shows that this group increased from 10.6 percent of total nursing home residents in 2000 to 16.2 percent in 2017.

Medicaid expansion has led to more people of all ages qualifying for the joint federal and state health insurance program. Intended as the “payer of last resort” when it comes to long-term care, Medicaid has become the primary nursing home insurance for millions of Americans due to the absence of any other public program covering long-term care.

In 2020, around 6 million Medicaid enrollees used the program to pay for long-term support and services. Around one in five enrollees received institutional care, such as care provided at a nursing facility.

After age 65, more than a quarter of adults receive at least 90 days of nursing home care. Thirteen percent of them receive long-term Medicaid-financed nursing home care.

Medicaid typically pays for 100 percent of nursing home costs and may be the only insurance option available for long-term stays. Long-term care insurance can be purchased, but most policies have limits on the maximum daily or monthly benefit amount and the total lifetime benefit, as well as terms and health requirements that may exclude coverage.

A nursing home stay isn’t necessarily permanent. About 15 percent to 20 percent of admissions are for short-term rehabilitation. Among current residents, the average stay is one year and four months. More than half of residents stay for at least 100 days, while 15 percent of older adults spend over two years in a nursing home.

With nursing home costs running $250 to $300 per day in some states, costs can add up quickly. The average nursing home stay of little over a year, or about 485 days, could end up costing upwards of $150,000.

Extrapolate these costs over multiple years, and they are unsustainable for many families.

 

Medicaid Planning Strategies

Whether a nursing home stay lasts months, years, or is permanent, you may have crunched the numbers and determined that Medicaid is the only feasible payment option for a parent’s nursing home care.

This is a “good news, bad news” scenario. The good news is that it’s possible for somebody who doesn’t currently meet Medicaid’s income and asset limits to “spend down” their excess assets to meet limits. The bad news is that these limits are generally only $2,000, which requires significant planning, since the average net worth of Americans is more than $1 million, including nearly $1.8 million for those 65 to 74.

Another upside is that not all a person’s assets count against the limit. A home, for example, is typically exempt. Someone can also own one car without exceeding Medicaid’s asset limits.

Many Medicaid spend down strategies take advantage of workarounds that allow nonexempt assets to be converted to exempt assets, thereby excluding them from Medicaid calculations. But these strategies often involve navigating a tricky five-year “lookback period” where past asset transfers are scrutinized to ensure applicants don’t give away assets to qualify for Medicaid.

Keeping these considerations in mind, there are financial planning strategies that can help to protect a parent’s assets from nursing home costs and a Medicaid spend down.

 

Medicaid-Compliant Annuities (MCAs)

MCAs, a type of single premium immediate annuity, allow countable assets (like cash or investments) to be converted into a stream of income that doesn’t count toward the Medicaid asset limit. The payout structure must be based on life expectancy, and once purchased, the annuity cannot be cashed out or changed; funds in the annuity are no longer accessible as assets.

Annuity income may affect your parents’ eligibility for other needs-based government programs, such as Supplemental Security Income (SSI). In addition, the state Medicaid agency must be the primary beneficiary in case of the annuitant’s death during the annuity period.

 

Medicaid Asset Protection Trusts (MAPTs)

Medicaid-compliant trusts, like MAPTs, hold assets for a set period, after which they transfer to beneficiaries (usually children or other family members).

Assets in the MAPT are no longer considered part of your parents’ estate for Medicaid purposes. They are legally owned by the trust, not your parents, although they may be able to benefit from these assets, such as remaining in a home transferred to a MAPT.

Creating a MAPT triggers a penalty period of Medicaid ineligibility under the lookback period that’s based on the value of assets transferred. A MAPT is therefore most effective when implemented well in advance of potential Medicaid need, often in conjunction with a parent’s estate plan.

 

Promissory Notes

A promissory note is a legal agreement that allows your parents to lend money to someone (e.g., a family member) who agrees to repay the money with interest over time. This converts a lump-sum asset into a stream of income.

Not all states recognize promissory notes for Medicaid planning. In states that do allow them, they may be subject to scrutiny by state Medicaid agencies. The note must clearly outline the repayment terms and the interest rate must be at or above the applicable federal rate (the minimum interest rate the IRS allows for private loans).

Interest income from the loan may be taxed at a lower rate, and the terms can be customized to meet individual needs. For the Medicaid applicant, however, the effectiveness of a promissory note is largely dependent on the borrower’s ability and willingness to repay the loan.

 

Life Estates

A life estate lets your parents transfer ownership of their home to a child or other family member while retaining the right to live there for the rest of their lives. It removes the home’s value from their countable assets for Medicaid purposes and may protect the family home from Medicaid estate recovery, a program that empowers states to recoup Medicaid expenses from the deceased beneficiary’s estate.

Medicaid’s lookback policy applies to life estates, so the transfer must be done well in advance of needing care. Your parents may also lose some control over the property, and there could be tax implications.

 

Other Spend Down Strategies

A spend down strategy might additionally include a parent spending on needs or wants that can both enhance their quality of life and help them qualify for Medicaid.

Paying off debts, making necessary home repairs, purchasing a new car, prepaying funeral expenses, or taking a family vacation are ways to spend down assets and derive an instant benefit.

Gifting assets to loved ones outside of the lookback period can reduce countable assets and fit into a gifting while living strategy, but annual and lifetime gift tax exemptions apply.

If only one spouse needs nursing home care, Medicaid allows the other spouse (the “community spouse”) to retain a certain amount of income and assets.

Because state Medicaid laws and individual nursing home care needs vary, there is no “one-size-fits-all” strategy for protecting a parent’s assets from nursing home costs and a Medicaid spend down. To develop a personalized plan that avoids penalties or disqualification from Medicaid in your state and also maximizes asset protection, consult with Ashley Day.  Phone: 251-277-3377.


Other Articles You May Like

Top Questions to Ask Your Healthcare Provider: A Guide for Seniors

Top Questions to Ask Your Healthcare Provider: A Guide for SeniorsAs we get older, our health needs change. Regular checkups and open conversations with your healthcare provider become even more important. But lets be honestmost doctor visits feel rushed or even overwhelming. You have so much you want to discuss with your doctor, only to leave the office and suddenly realize you forgot to ask all the questions you had intended to.Thats why you have to be prepared. Asking the right questions can help you better understand your health, avoid confusion, and feel more in control of your care. If youre a senioror caring for onehere are the top 5 questions you should ask your healthcare provider. Print them out, jot them down, or keep them in your phone. These questions can help make the most of every visit.1. What screenings or tests do I need at my age?This is one of the most important questions to discuss with your doctor. Prevention is key to better health. Health screenings give you the opportunity to catch potential health issues early before they become serious. Thats especially important as we get older, since the risk of certain conditions (like heart disease, diabetes, cancer, and osteoporosis) increases with age. Some screenings are age-based, while others depend on your personal and family history.  Common screenings for older adults may include: Blood pressure and cholesterol checks Bone density scan Mammogram or prostate exam Colon cancer screening Vision and hearing tests Diabetes screenings  Ask your provider: Am I due for any screenings? How often should I get these done? Do I need any lab work or imaging?   2. Are all my medications still necessary?Its common for many seniors to take multiple medications to manage different health conditions. But over time, your health needs can change, and so can your bodys response to certain drugs. Thats why its important to regularly review your medications with your doctor. Some prescriptions may no longer be needed, while others might interact with new medications or cause unwanted side effects. Asking about your current medications helps ensure youre only taking whats truly helpfuland nothing more.Always bring a list of everything you are taking, including over-the-counter drugs as well as vitamins and herbal supplements.Ask your provider: Do I still need these medications?Are there any side effects I should watch for?Can any of these medications intereact with each other - or with over-the-counter vitamins or supplements I take? 3. What vaccines do I need to stay protected?Many people tend to think vaccines are just for children. But that certainly is not the case. As we age, our immune systems become weaker, making us more vulnerable to certain infections. Certain illnesses, like the flu, pneumonia, shingles, and COVID-19, can be more serious in seniors. Thats where vaccines come into play. Staying up to date on recommended vaccines can help prevent complications and keep you out of the hospital.  Recommended vaccines for seniors often include: Flu shot (every year) Shingles vaccine (usually two doses after age 50) Pneumonia vaccine COVID-19 vaccines and boosters Tdap booster (for tetanus, diphtheria, and whooping cough)  Ask your provider: Am I up to date on my vaccines? Do I need the shingles or pneumonia shot? What about the flu or COVID vaccines?  4. How is my memory and mental health?Its normal to forget where you put your keys now and then, but memory loss that affects daily life shouldnt be ignored. The same goes for feeling down, anxious, or lonely. Your mental health is just as important as your physical health, and it deserves attention too.Memory issues and mental health concerns often go unspoken. The earlier you talk about it, the more options there are to support your wellbeing and independence. It can help to talk openly with your provider about how you're feeling emotionallyespecially after big life changes like retirement, loss, or illness. If needed, your provider may suggest counseling, support groups, or safe treatments. Ask your provider:Is my memory okay for my age?Should I be concerned about confusion or forgetfulness?How do I know if I'm just feeling low or if I'm dealing with depression or anxiety?5. What can I do at home to stay healthy and prevent illness?Staying healthy isnt just about doctor visitsits about the choices you make every day at home. From the foods you eat to how active you are, small lifestyle habits can have a big impact on your overall well-being. Your provider can guide you on safe, practical ways to support your health right from the comfort of your home.Ask your provider:What kind of exercise is safe for me?Should I be eating differently at my age?How can I improve my sleep or energy? Speak Up and Be a Partner in Your Healthcare JourneyYour doctor is your partner in healthbut youre the expert on how you feel. Dont be afraid to ask questions, bring notes, or speak up if something doesnt make sense or feel right. There are no wrong questions when it comes to your health. At VIPcare, we specialize in senior-focused primary care. Our providers take time to listen, answer your questions, and tailor care to your specific needs. From preventive screenings to chronic condition management, were here to support your health and your goals. Call (251) 257-2886 today to schedule an appointment or learn more at www.getvipcare.com.

Secure Your Legacy with a Top-Rated Estate Planning Lawyer

The idea of estate planning can be intimidating. The process involves asking tough questions and having uncomfortable conversations. An estate plan requires more than just any estate planning lawyer, you need a trusted partner to guide you through this important process. Youre looking for someone who understands the intricacies of estate planning. You need someone who will explore the potential problems and offer solutions to avoid those problems. Thats where Burr Law comes in. In this comprehensive guide, well explore why estate planning is crucial, the role of a top rated estate planning lawyer, and how to choose the right one.Understanding Estate PlanningWhat is Estate Planning?Estate planning is the process of arranging the management and disposal of ones estate during life and at death. It involves making critical decisions about how your assets will be distributed to your loved ones after you pass away. Estate planning is for everyone. Anyone who owns anything whether its a car, a house, investments, or personal keepsakes has an estate.Estate planning also includes planning for incapacity. A complete estate plan also accounts for who will make medical decisions if you cannot. It can also involve plans for who will care for your minor children, making it an essential process for parents.Why is Estate Planning Important?Estate planning is about more than just assets. Its about ensuring that your wishes are honored, your loved ones are protected, and creating a lasting legacy. Here are a few reasons why estate planning is vital:Protecting Your Loved Ones and Assets: A well-structured estate plan can help protect your loved ones from unnecessary taxes, fees, and legal complications. It can also shield your assets from potential creditors or legal disputes.Avoiding Probate: Using a trust can help avoid the lengthy and costly probate process. Trusts allow for a more efficient transfer of assets to your beneficiaries.Minimizing Taxes: Estate planning can help reduce the tax burden, ensuring your assets go to your loved ones and not the government.Planning for Incapacity: Should you become unable to make decisions regarding your health or finances, your estate plan includes directives for your care and appoints someone to act on your behalf.Providing Peace of Mind: Knowing that youve prepared for the future can offer significant peace of mind to you and your loved ones.In summary, estate planning is a crucial part of managing your financial life and providing for your loved ones future. It allows you to express your personal wishes and ensures those wishes are carried out efficiently and effectively.The Role of a Top Rated Estate Planning LawyerA well-structured estate plan is only as good as its implementation, and this is where a top rated estate planning lawyer shines.How Can a Top Rated Estate Planning Lawyer Help You?A top rated estate planning lawyer acts as your personal guide through estate planning process. A comprehensive plan considers wealth management, asset protection, wills, trusts, and incapacity planning. Estate Planning Lawyers help you chart a course that meets your immediate needs and anticipates potential future issues.These professionals provide invaluable advice in areas such as insurance planning, powers of attorney, advanced directives, and appointment of guardianship. Their expertise extends to coordinating legal documents with beneficiary designations on your accounts, insurance policies, and more. This coordination is vital as it ensures your estate plan aligns perfectly with all your financial arrangements, avoiding potential legal disputes or discrepancies after your passing.Remember, estate planning is not a one-time event. Its an ongoing process that may require adjustments as your life circumstances, financial situation, or laws change. An estate planning lawyer provides continuous legal support and counsel, updating your estate plan as necessary to reflect these changes.When Should You Hire a Top Rated Estate Planning Lawyer?The simple answer is, the sooner, the better. Life is unpredictable. Unexpected events can occur at any time, underscoring the importance of having an estate plan in place sooner rather than later.Even younger individuals benefit from estate planning, particularly if they have young children, own property, or have significant financial assets. Estate planning ensures that your assets are distributed according to your wishes and that your children are cared for by the people you trust most.Moreover, if your situation involves complex family or financial circumstances, such as owning a business, having a large estate, having children from multiple marriages, or planning for a child with special needs, an estate planning lawyer becomes crucial.Finally, seeking legal counsel is also advisable if you are facing a life-changing event such as marriage, divorce, retirement, or the death of a spouse. These events can significantly impact your estate plan and warrant a review with a top rated estate planning attorney.In conclusion, an estate planning lawyer plays a pivotal role in securing your legacy and ensuring your loved ones are cared for after your passing. Their expertise and guidance can provide you with peace of mind, knowing that your wishes will be honored and your estate will be handled efficiently and effectively. Key Factors to Consider When Choosing an Estate Planning LawyerWhen it comes to choosing a lawyer for estate planning, several key factors can help you make an informed decision. Finding the right attorney is more than just a simple Google search. Consider the attorneys experience, communication style, client reviews, and location.Experience and ExpertiseThe first thing to consider is the lawyers level of experience and expertise. Estate planning is a complex area of law that requires specialized knowledge in areas like wills, trusts, healthcare directives, and tax laws. Consider the attorneys years of practice and their specific experience in estate planning. Do they have a proven track record in helping clients achieve their estate planning goals? Are they able to navigate complex situations and offer tailored solutions to meet your unique needs?Communication and TrustEstate planning is a personal process that requires open and honest communication. You should feel comfortable discussing your financial situation, family dynamics, and future wishes with your attorney. Ask potential attorneys about their communication process. How often will you meet? How will they keep you informed about your estate plan? Do they listen to your concerns and explain complex legal concepts in a way you can understand? Trust is paramount in this attorney-client relationship, as youll be entrusting them with crucial decisions about your legacy.Client Testimonials and ReviewsClient testimonials and reviews can offer valuable insights into an attorneys professionalism and the quality of their service. Look for reviews that mention the attorneys expertise, dedication, and the outcomes theyve achieved for their clients. Positive client reviews can be a good indication that the attorney has a strong reputation for delivering excellent client service.Location and AccessibilityFinally, consider the attorneys location and accessibility. In-person meetings can be beneficial for discussing sensitive or complex issues. A local attorney will also be familiar with the specific laws and regulations in your state. If youre in Aurora, Colorado, for instance, choose an attorney who is easily accessible and has a deep understanding of Colorado estate laws.Remember, choosing an estate planning lawyer is an important decision that requires careful consideration. By evaluating these key factors, you can find a lawyer who will help you create a comprehensive estate plan that protects your assets, honors your wishes, and ensures a secure future for your loved ones.Your Trusted Estate Planning Partner in Aurora, ColoradoWith years of experience and a firm commitment to our core values of integrity, communication, trust, and optimism, we are well-equipped to help you navigate the complexities of estate planning and secure your legacy.Our Core ValuesAt Burr Law, we believe in the power of integrity, open communication, trust, and optimism. We understand that estate planning can be intimidating, and we are dedicated to making it as stress-free and straightforward as possible. Our team is committed to providing personalized advice and guidance, offering peace of mind knowing that your estate is protected and your wishes are upheld. Whether youre looking to create a will or trust, establish powers of attorney, or advanced healthcare directives, were here to support you every step of the way.Our Proven Track RecordWere proud of our proven track record of success. Our dedicated team has consistently demonstrated a high level of expertise and dedication, earning us a reputation as one of the top rated estate planning firms in Aurora, Colorado. Whether its crafting a comprehensive estate plan, mitigating estate tax implications, or ensuring asset protection, weve helped numerous clients to secure their legacy.At Burr Law, we dont just see you as a client, but as part of our community. Were not just your lawyers, but your guides, helping you to navigate the complexities of estate planning and secure your legacy. Reach out to us today to see how we can help you.How to Get Started with Your Estate PlanWith the right guidance and support, you can simplify the process and ensure that your legacy is secured according to your wishes. Here are the steps you need to take to get started:Initial ConsultationThe first step in your estate planning journey is to schedule an initial consultation with a top rated estate planning attorney. During this meeting, well discuss your goals, concerns, and any specific circumstances that may influence your estate plan. This is an opportunity for you to ask questions, get to know us, and understand the overall process. At Burr Law, we offer free initial consultations to help you get started.Creating or Updating Your Estate PlanOnce youve discussed your goals and objectives, its time to create or update your estate plan. This involves drafting key documents such as wills, trusts, and powers of attorney. Each individuals situation is unique and requires a tailored approach. For instance, if you have minor children, you might need to appoint a guardian in your Will. Alternatively, if you own a business, a succession plan may be necessary. Also, remember that estate planning is not a one-time event. As your life changes, so should your estate plan. Regular reviews and updates are crucial to ensure that your plan continues to align with your wishes and circumstances.Ongoing Legal Support and CounselEstate planning is an ongoing process, and having a top rated estate planning attorney by your side can provide invaluable peace of mind. At Burr Law, we offer ongoing legal support and counsel to our clients. Whether you need to update your estate plan due to a life event, have questions about a particular aspect of your plan, or require assistance with the administration of a loved ones estate, we are here to help.Navigating the complexities of estate planning can be challenging, but you dont have to do it alone. With the right guidance and support, you can create a comprehensive estate plan that aligns with your goals and secures your legacy. Contact Burr Law today to schedule your initial consultation and take the first step towards protecting your loved ones and safeguarding your financial future 720-500-2076.

5 Common Estate Planning Mistakes Coloradans Cant Afford to Make

Are you aware of the potential pitfalls that could disrupt your plans for the future if you dont have a proper estate plan in place? Estate planning is about more than creating a Will it encompasses a broad spectrum of legal preparations to ensure that your assets are distributed according to your wishes after your death. Importantly, it also includes making essential decisions about your healthcare and financial matters if you become incapacitated.As a region with its distinct estate laws and regulations, Colorado presents unique challenges and opportunities for estate planning. Having firsthand experience in this realm, we at Burr-Law see many Coloradans go down costly and stressful paths due to common, yet preventable, estate planning mistakes.Key Aspects of Estate Planning in Colorado: Asset Distribution: To ensure your assets, whether properties, businesses, or personal items, pass on to your loved onesthe way you wish. Healthcare Decisions: Creating a Healthcare Power of Attorney and Living Will to allow others to make medical decisions if youre unable to do so. Financial Management: Through powers of attorney or living trusts, controlling who manages your finances when you cannot. Tax Minimization: A well-structured estate plan can potentially limit the taxable amount of your estate, leaving more for your heirs. Avoiding Probate: Colorado probate process can be time-consuming and costly. A proper estate plan, especially with a trust, can bypass this. In the following sections, we will shed light on five common estate planning mistakes weve seen people make in Coloradoand, crucially, how you can avoid them.Mistake 1: Not Having an Estate Plan at AllMany people, irrespective of their age or wealth, tend to overlook the importance of having an estate plan. This can be attributed to a misconception that estate planning is exclusively for the elderly or the wealthy.However, this couldnt be further from the truth. Estate planning is a critical process for any individual who wants to have control over their assets, healthcare decisions, and finances after their death or in case of incapacitation. Consulting an Aurora trust and estate administration attorney can help ensure that all aspects of your estate plan are thoroughly addressed and legally sound.Consequences of Dying Intestate in ColoradoDying intestate (without a Will) in Colorado can lead to a host of complications for your loved ones. In such cases, Colorados intestacy laws will determine how your assets are distributed. This means that your assets may not necessarily be distributed according to your wishes, but rather in accordance with a predetermined formula set by the state. The process can also be time-consuming and costly, leading to added conflict and unnecessary stress for your loved ones during an already difficult time.Importance of Having a Will or TrustHaving a Will or trust in place is essential for estate planning. A Will enables you to specify how you want your assets to be distributed after your death and can also include provisions for the care of minor children. On the other hand, a trust can offer additional benefits, such as avoiding probate, providing for the management of your assets both during your lifetime and after your death.A significant advantage of having a Will or trust is that it provides a clear roadmap for the distribution of your assets, reducing the potential for disputes among your heirs. Moreover, with a Will or trust, you can ensure that your estate is managed and distributed in a manner that aligns with your wishes and values.Avoiding this common mistake is not as daunting as it may seem. As your trusted attorney for estate planning in Colorado, we can guide you through the entire process, ensuring that your estate plan aligns with your personal goals and the needs of your loved ones. Dont let the absence of an estate plan leave your family in a lurchcontact us today to learn how we can help.Mistake 2: Not Considering the Cost of Estate PlanningAnother common mistake that Coloradans make is not considering the cost of estate planning. Often, individuals either underestimate or overestimate the cost, leading to inadequate planning and potential repercussions down the line.Average Cost of Estate Planning in ColoradoIn Colorado, the cost for comprehensive estate plan varies depending on the complexity of your estate and the attorneys experience. As the saying goes, You get what you pay for. Opting for cheap, do-it-yourself options may not offer the same level of protection and expertise that professional estate planning provides. Also consider the cost of probate. Often the expense, time, and stress of probating an estate unnecessarily far exceeds the cost of advance estate planning.Importance of Investing in Comprehensive Estate Plan DraftingInvesting in comprehensive estate plan drafting is not an expense but a crucial step to secure your familys future. It provides a clear path forward for your loved ones in case something happens to you and ensures your wishes are honored. Moreover, it reduces the risk of disputes and conflicts among family members, which can cause additional stress during an already challenging time.At Burr-Law, we understand that every family has unique needs and assets. We provide personalized services tailored to each familys specific circumstances, offering proactive and educational guidance to help you align your estate plan with your goals. Were here to ensure your estate planning documents dont just offer false security but truly protect you and your loved ones when the time comes.When it comes to estate planning, cutting corners can cost you more in the long run. Its essential to work with experienced professionals like our estate planning team who can guide you through the process and ensure your plan is comprehensive, legally sound, and effective.Mistake 3: Not Involving an Estate AttorneyWhen it comes to estate planning, especially when real estate properties are involved, its a common mistake to disregard the crucial role of an estate attorney.Role of an Attorney in Estate PlanningAn estate attorney can provide invaluable advice on how to best incorporate your real estate holdings into your estate plan. They understand the nuances of property law and can help you navigate through the complex process of transferring property ownership, ensuring that your real estate assets are protected and distributed according to your wishes.For example, an estate attorney can advise you on the use of specific legal instruments, such as a life estate or a revocable living trust, to avoid probate and ensure a smooth transition of your property to your heirs. They can also assist in coordinating with your financial advisors and ensuring that your beneficiary designations are accurate and up-to-date.Why Colorado Does Not Require an Estate Attorney and Why You Might Still Need OneColorado does not require an attorney to be involved in the home buying process. However, when it comes to estate planning, its not just about buying or selling a property. The stakes are much higher, and the legal complexities can be more difficult to navigate.Involving an estate attorney in your planning process can provide you with peace of mind. They can ensure that your estate plan is legally sound and that it effectively addresses all aspects of your real estate holdings.At Burr-Law, we recognize the importance of comprehensive estate planning, and that includes considering your real estate assets. Our team of experienced attorneys can provide you with the guidance and support you need to ensure that your properties are included in your estate plan in the most effective and efficient way possible.The goal of estate planning is not just to prepare for the inevitable but to ensure that your loved ones are taken care of and that your legacy is preserved. So, dont make the mistake of overlooking the crucial role of an estate attorney in your planning process.Mistake 4: Not Ensuring the Validity of Your WillA common pitfall in estate planning is not taking the necessary steps to ensure the validity of your Will. An invalid will can lead to numerous complications, including potential legal disputes among your beneficiaries and your final wishes not being carried out as you intended.Requirements for a Valid Will in ColoradoIn Colorado, the law sets out several requirements that must be met for a will to be considered valid.Firstly, the Testator (the person making the Will) must be at least 18 years old and of sound mind. This means that you must understand the nature of your actions, the extent of your property, and who your beneficiaries are.Secondly, the Will must be in writing. It can be typed or handwritten but it must clearly express your intentions. Oral wills are generally not recognized in Colorado.Thirdly, the Will must be signed by the Testator.Finally, the signing of the Will should be witnessed by at least two individuals who are over 18 years old, or notarized. These witnesses must sign the Will in the presence of the testator and each other. Ideally, the signing of a Will is both witnessed and notarized.Consequences of an Invalid WillIf your Will is deemed invalid, the consequences can be dire. Without a valid Will, your estate will be distributed according to Colorados intestacy laws, rather than your specific wishes. This could mean that certain loved ones or charities you intended to benefit from your estate receive nothing.On top of this, an invalid Will can lead to costly and time-consuming legal battles. Family members may contest the Will, leading to potentially bitter disputes and further heartache during an already difficult time.Ensuring your Will is valid is a vital part of the estate planning process. Enlisting the help of an attorney for estate planning in Colorado can provide invaluable peace of mind. At Burr-Law, we can guide you through the process, ensuring your Will is legally sound and accurately reflects your final wishes. Dont leave your legacy to chance. Reach out to us today and let us help you secure the future for your loved ones.Mistake 5: Not Regularly Updating Your Estate PlanImportance of Regularly Reviewing and Updating Your Estate PlanJust as you review your financial investments periodically, your estate plan also deserves similar attention. This is because your estate plan is a living document that needs to adapt to lifes unexpected twists and turns. As your trusted estate planning team, we at Burr-Law believe that your estate plan should evolve with your life circumstances, changes in the law, and fluctuations in the economy.An outdated estate plan might not only fail to reflect your current wishes, but could also lead to unintended consequences. For example, you might have designated certain assets for a beneficiary who is no longer alive, or your estate plan might not take into account the latest changes in tax laws. To avoid such pitfalls, its crucial to review and update your estate plan regularly. This ensures that your estate plan remains aligned with your current needs and goals.Common Life Events That Should Trigger an Estate Plan ReviewLife is full of significant events that can impact your estate plan. Here are some common life events that should trigger a review of your estate plan: Marriage or Divorce: These events can significantly alter your financial situation and your preferences for asset distribution. If youve recently married or divorced, update your estate plan to reflect these changes. Birth or Adoption of a Child: The arrival of a new family member is a joyous occasion that comes with increased financial responsibilities. Review your estate plan to ensure that your new child is included as a beneficiary. Death of a Loved One: If a beneficiary or a decision maker named in your estate plan passes away, you need to update your estate plan to reflect this change. Changes in Financial Circumstances: A significant increase or decrease in your wealth should prompt a review of your estate plan. This includes instances such as starting a new business, selling an existing business, receiving inheritance, or experiencing financial hardship. Changes in Tax Laws: As estate planning regulations can undergo revisions, stay updated about any legal changes that could affect your estate plan (Estate Tax Planning Lawyers in Aurora, Colorado | Burr Law). In addition to these events, we recommend reviewing your estate plan at least once every three to five years. At Burr-Law, we can help you navigate these changes, ensuring your estate plan remains current and effective. An outdated estate plan can be as harmful as having no plan at all. Dont wait for a life-changing event to review your estate plan. Contact us, your trusted attorney for estate planning in Colorado, and lets ensure your plan is up-to-date and continues to fulfill your wishes and needs.ConclusionIn the process of estate planning, there are several pitfalls that Coloradans must avoid. These common mistakes, such as not having an estate plan at all, not considering the costs of estate planning, not involving an attorney, not ensuring the validity of your will, and not regularly updating your estate plan, can have serious consequences. These oversights can potentially lead to legal complications, financial burdens, and emotional distress for your loved ones.The importance of seeking professional help in estate planning cannot be overstated. Estate planning is a complex matter and involves a deep understanding of the legal landscape and Colorados specific laws and regulations. Without the guidance of an experienced attorney, you risk making decisions that may not be in your best interest or that of your loved ones.At Burr-Law, we pride ourselves on our integrity, open communication, and commitment to our clients. As your attorney for estate planning in Colorado, we will guide you through the process, ensuring that you avoid these common mistakes. We will help you understand the complexities involved, assist in drafting a comprehensive will or trust, and ensure its validity in accordance with Colorado law.Moreover, we believe in the importance of regularly reviewing and updating your estate plan. As life changes, so do your needs and wishes. We are here to ensure your estate plan remains current, reflecting your current circumstances and desires.Avoid the costly mistakes made by so many when choosing a lawyer for their familys legal planning needs. Contact us today to begin your journey in estate planning, and let us assist you in making smart, loving choices for your familys future.For more detailed information on estate planning, check out our comprehensive guide on the subject and our free report on the six major mistakes families make when choosing an estate planning attorney, available for download on our website.Estate planning is a critical process that requires careful thought and consideration. With Burr-Law by your side, you can navigate this process with confidence, knowing that your legacy and your loved ones are protected.

Local Services By This Author

Ashley Day Law

Elder Law 8335 Gayfer Road Extension, Fairhope, Alabama, 36532

Elder Law - Plan to provide for future needs and preserve your legacy.Planning for the future and ensuring that your wishes will be carried out doesnt have to keep you up at night. If you or your loved one is 60+, now is a good time to plan your legal strategies to receive care in your home as you desire and if you may need expensive long-term care. If you have plans in place, we will review them with you and suggest modifications or additions, if any, for you to accomplish your goals.Elder law and estate planning serve two different, but equally vital, functions. The main difference is that elder law is focused on ensuring your care and preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die.Elder law planning is concerned with ensuring that seniors live long, healthy, and financially secure lives. It usually involves anticipating future medical needs, including long-term care. Elder law services include planning for the expected and the unexpected: pre-need planning and crisis planning. Planning is tailored to each clients concerns, goals, family dynamics, and immediate or potential future care needs and may include planning tools such as:Advance Directive for Health Care (Living Will)Healthcare Power of Attorney with Healthcare PreferencesDurable Power of Attorney for Property with Expanded PowersLong-Term Care Sensitive WillsCertification as to Validity of Power of Attorney and Agents AuthoritySpecial Needs Trusts or Other Asset Protection TrustsMedicaid and SSI PlanningLong Term Care PlanningGuardianships and ConservatorshipsUnderstanding/Protecting Against Elder Abuse and NeglectElder law planning also includes your instructions about living arrangements and priorities when it comes to care, which benefits your entire family. Whats more, it can ensure that you are protected from elder abuse or exploitation when you get older or become incapacitated. For seniors, this means resting assured that you will not be a burden to your children, siblings, or other family members if/when you are not able to care for yourselves. For other family members, your planning manifests your love for them, providing peace of mind and the tools needed to ensure care is provided as planned.Finally, elder law covers assistance with guardianship and conservatorship, if needed. Guardianship and/or conservatorship may be necessary to protect and provide for individuals who are unable to care for themselves or live independently, who are unable to understand or manage money and assets, and who may be at risk of abuse and exploitation. Supported Decision Making may be an alternative to guardianship/conservatorship for individuals with limited abilities to retain their decision-making capacity by choosing supporters to help them make choices.When planning proactively, Ashley Day Law works with you to determine your priorities and what future needs must be met and put together the best course of action based on your income and assets to protect your quality of life and reduce unnecessary stress within the family.When crisis planning, our caring and comprehensive approach can help guide you through a difficult process and relieve you of some of your worries.Having to place a loved one in a skilled nursing facility can be an emotionally wrenching experience. To make matters worse, confusion often reigns supreme when determining how to best use income and assets and when navigating the Medicaid application process. Well-meaning family, friends, and even professional advisers may give conflicting or incomplete advice causing families needlessly to lose their property and assets. At Ashley Day Law, we will help you plan for future care needs and how to pay for them, prepare documents for you to enact your plan, and assist with the administration to ensure plans are implemented and assets distributed as instructed.You want to do what is best for the people you love throughout your lifetime and ensure they are taken care of after you are gone. Give us a call.

Ashley Day Law

Special Needs Trusts 8335 Gayfer Road Extension, Fairhope, Alabama, 36532

SPECIAL NEEDS PLANNINGParents of children with special needs often worry about how their children would survive and be cared for when their parents are no longer alive to support them.  If one of your loved ones is living with a disability, you make sure that all their needs are met daily.  But what would happen if you were gone?Also, over the years, parents are required to make many decisions in their childrens best interests, and those decisions are only amplified for parents with special needs children. Often, parents of special needs children dont know what questions to ask and are unaware of the many questions that inevitably will come their way. For the greatest success in securing your childrens futures, its important for parents and other family members to be prepared before its too late. Thats the role of special needs planning.Special Needs Planning involves preparing for the current and future care needs of children and adults with intellectual and/or developmental disabilities, neurocognitive disorders, and/or psychiatric illnesses. It is the best way for a parent, grandparent, and/or guardian to proactively protect and provide for children and grandchildren with disabilities both in the near and not-so-near future for care, housing, and quality of life should something unexpectedly happen to you; for 18th birthdays (automatic transfer of parental rights); for eligibility for government benefits; for change in life circumstances; planning for your childs quality of life, and for your peace of mind.Our special needs planning services include:Special (Supplemental) Needs TrustsRevocable Living Trusts with Special (Supplemental) Needs Trust ProvisionsWills with Special Needs & Spousal Trust ProvisionsGuardianships and ConservatorshipsPlanning for Age 18Planning for Eligibility for Government Benefits (SSI, Medicaid, etc.)Government Benefits AdvisementSchool Law/AdvocacyGuardianship/Conservatorship AdministrationSpecial (Supplemental) Needs Trust AdministrationSpecial needs planning is critical because individuals with special needs often are unable to make appropriate financial decisions for themselves and/or are at risk of financial exploitation by others. Equally important is to maintain eligibility for public benefits such as Supplemental Security Income (SSI) and Medicaid and enable children with special needs to have fulfilling lives.SSI is used to pay for food and housing (primary needs), but it is not nearly enough to live on. Medicaid waiver programs enable access to beneficial services and programs not accessible absent Medicaid eligibility. Generally, beneficiaries of SSI or Medicaid can have little income and, at most, $2,000 in assets. Leaving money to loved ones directly to provide for their care would jeopardize their ability to receive any help from these means-tested government programs. On top of that, the money left to them would have to be spent down to pay for primary needs previously covered by SSI instead of being used to improve the care provided and quality of life. A Special (Supplemental) Needs Trust (SNT) manages resources while also maintaining the beneficiarys eligibility for public assistance benefits.For most families, a third-party irrevocable Special SNT is the most effective way to set aside assets and funds to help the person with special needs. Cash, investment accounts, real estate, or proceeds from a life insurance policy are common ways to fund the trust. The trust can provide for the beneficiary during the parents lifetimes and will provide for the beneficiary when parents are no longer around to care for the beneficiary. Because the SNT owns the assets instead of the beneficiary, the assets are excluded from asset limit tests for SSI or Medicaid. Meanwhile, trust funds can be used to pay for quality-of-life improvements for the beneficiary, such as a phone, an iPad, computer games, trips, travel to visit family, entertainment events, and other activities. The SNT also ensures that funds are used for the benefit of your vulnerable family member and that other relatives, such as siblings, are not left with the responsibility and costs of care.Special needs planning can be a complex and confusing area of the law. Ashley Day Law, LLC will work with you to construct a comprehensive plan customized to your situation and provide you with the tools and information necessary to make sure your loved one is protected, so you have peace of mind knowing your loved one will be taken care of just as you wish.How well you do or dont plan for a special needs family member can have tremendous consequences. Give us a call. Let us help you get it right.

Ashley Day Law

Estate Planning 8335 Gayfer Road Extension, Fairhope, Alabama, 36532

Estate Planning - Ashley Day Law provides comprehensive planning ot individuals and families.We help our clients prepare for unexpected incapacity or death, to ensure both that their family and loved ones have the ability to care for them and that their assets are transferred at their passing in accordance with their goals and wishes. We design and create proper estate plans for our clients, review beneficiary designations, and advise our clients to ensure trusts are funded.Establishing your estate plan is one of the most important steps you can take to protect yourself and your loved ones during your lifetime, in case of disability, and at your death. A well-thought-out and comprehensive estate plan can prevent the need for someone to obtain guardianship in the future, lessen administrative costs associated with the transfer of assets at death, and help smooth familial relations.Our estate planning services include:Forming Living, Irrevocable Protection TrustsAssisting with Beneficiary Designations and Other Non-Probate TransfersDrafting Wills, Living Trusts, Healthcare Directives, Powers of Attorney, and Other Planning DocumentsAdvising Executors, Administrators, Trustees, and GuardiansDeveloping Caregiver Agreements and Other Family AgreementsPost-Mortem PlanningWhile estate planning often includes a variety of items among those listed above, foundational estate planning includes, at least, wills, durable powers of attorney, advance healthcare directives, HIPAA authorizations, and a stand-alone or testamentary supplemental needs trust if you have a loved one with special needs. These instruments are critical to ensure your wishes are followed. A properly designed and implemented estate plan also can help you accomplish additional goals, such as:Providing financial security for your familyEnsuring your property is preserved and passed on to your beneficiariesAvoiding disputes among family members, business owners, or with third parties (such as the IRS)Providing for your childrens or grandchildrens educationProviding for your favorite charityMaintaining control over or ensuring the competent management of your property in case of incapacityMinimizing tax consequences and other costsAvoiding probateProviding adequate liquidity for the settlement of your estateTransferring ownership of your business to your beneficiariesPassing on your values, sense of responsibility, and work ethic to heirsEvery family situation is unique. We work with you and your other professional advisors, including financial planners, accountants, and/or other attorneys who are familiar with your goals and concerns to determine what options work best for you and your family and ensure their implementation.By protecting your estate and yourself, you are protecting your family and sparing them the expense, delay, and frustration that occurs when family members fail to plan. No estate plan is one size fits all. As priorities change, plans can be modified. Its never too early or too late to plan. Give us a call. Were here to help.