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The Legal Stuff

When a parent wants to change their will — capacity questions

This article is for educational purposes only and does not constitute medical, legal, or financial advice. Every family situation is different, and you should consult with appropriate professionals about your specific circumstances. Your parent wants to change their will. Maybe they want to leave more money to one child and

The Legal Stuff

Estate planning and Medicaid — how they interact

Reviewed by a licensed elder law attorney Your parent's estate plan says what happens to their money after death. Medicaid determines what happens to their money while they're alive and need long-term care. If these two systems aren't built to work together, one will

The Legal Stuff

Updating an estate plan after a diagnosis — what changes

This article is for educational purposes only and does not constitute medical, legal, or financial advice. Every family situation is different, and you should consult with appropriate professionals about your specific circumstances. A parent's diagnosis changes things. Sometimes it changes everything. You get that call or that appointment

The Legal Stuff

Blended families and estate planning — the complications nobody planned for

Reviewed by a licensed elder law attorney When a parent remarries or has a long-term partner, estate planning gets complicated fast. Step-siblings, competing financial interests, and unclear inheritance expectations create conflict that standard wills were never designed to handle. A blended family needs a specific, attorney-drafted plan that spells out

The Legal Stuff

Estate planning on a budget — options when money is tight

Reviewed by a licensed elder law attorney Your parent is on a fixed income and cannot afford thousands of dollars for a comprehensive estate plan. Basic legal documents like a will and power of attorney can be created through free state forms, legal aid organizations, or low-cost online services. Getting

The Legal Stuff

When there's no estate plan — dealing with the consequences

This article is for educational purposes only and does not constitute medical, legal, or financial advice. Every family situation is different, and you should consult with appropriate professionals about your specific circumstances. Your parent died unexpectedly. She was only sixty-eight. She had a heart attack at work. She never thought

The Legal Stuff

Guardianship and conservatorship — when the court gets involved

Reviewed by a licensed elder law attorney When a parent loses the ability to make their own decisions and no power of attorney exists, the only path to legal authority is through the court. Guardianship covers personal and medical decisions; conservatorship covers finances. Both are expensive, public, and involve ongoing

The Legal Stuff

Finding an elder law attorney — what they do and how to choose one

Reviewed by a licensed elder law attorney An elder law attorney specializes in the legal issues that affect aging adults: powers of attorney, Medicaid planning, estate planning, guardianship, and healthcare directives. A general practice lawyer without this specialization will miss state-specific rules that matter enormously. Finding the right elder law

The Legal Stuff

How to avoid probate — strategies that actually work

Reviewed by a licensed elder law attorney Probate is the court process for distributing a deceased person's assets, and it can be slow, expensive, and public. Legitimate strategies to avoid it include revocable living trusts, beneficiary designations, joint ownership with right of survivorship, and transfer-on-death deeds. The right

The Legal Stuff

Beneficiary designations — the document that overrides the will

Reviewed by a licensed elder law attorney Beneficiary designations on retirement accounts, life insurance policies, and bank accounts override your parent's will. If these forms name the wrong person, the money goes to that person regardless of what the will says. Reviewing and updating every designation is one

The Legal Stuff

Revocable living trusts — when and why they make sense

This article is for educational purposes only and does not constitute medical, legal, or financial advice. Every family situation is different, and you should consult with appropriate professionals about your specific circumstances. Your mother created a revocable living trust five years ago. She transferred her house, her investment accounts, and

The Legal Stuff

Probate explained — the process most families dread

This article is for educational purposes only and does not constitute medical, legal, or financial advice. Every family situation is different, and you should consult with appropriate professionals about your specific circumstances. Your father passed away. He left a will. You assumed you could start managing his affairs right away.