8 Reasons to Hire an Elder Law Attorney

by Frank

Can you be absolutely certain that the relatives you wish to provide for will get everything they need after you are gone? Learn more about why you may need an elder law attorney.

If you are a senior who is concerned about the relatives you leave behind after you pass, you will need to hire an elder law attorney to make sure that your estate is parceled out in the manner that you see fit. An elder law attorney is a lawyer that is specially trained to work with seniors like yourself in order to see that your wishes in these important matters are respected and carried out. The elder law attorney that you hire will have the duty of working with you to plan out your will.

They will make sure that all of the money and other assets your designate for distribution to your heirs will be properly distributed in the manner that you have planned. If there are any legal disputes that arise from a challenge to these arrangements from a family member or the government, your lawyer will work to resolve them. The important thing to know is that your elder law attorney will represent your wishes after you pass.

1. If You Are on Your Second or Higher Marriage

Are you about to embark on a new marriage? If you have multiple marriages in your past, this naturally involves a great deal of hassle over money. You may have paid out quite a bit in the past to a series of former spouses in order to obtain a divorce settlement that left you open to marry again. If this is the case, you will need to engage the services of an elder law attorney to make sure that the money you have paid out as a settlement will be sufficient for their needs without having to be disputed in a court of law. Not only will you need an elder law attorney to make sure that the settlement your former spouses received in the past will be adequate, but you will also need to ensure that this settlement is final. You don’t want to have to worry about former spouses attempting to sue for more than the sum of their settlement after your death, thus infringing on the rights of your final spouse or other beneficiaries. This is a major concern that you and your lawyer can work together in order to settle while you are still here. If you need legal assistance you can also find additional legal aid here and you can search for a lawyer here.

2. If You Happen to Own One or More Businesses

Do you own one or more businesses? If so, it’s up to you to do everything in your power to make sure that you pass them on to the person or persons that you designate without there being any hiccups or major disputes in between. Your elder law attorney can work with you to make sure that the one or more businesses you own will pass smoothly to the person you have chosen to inherit them. Your lawyer can also help you work out an agreement that prevents any seniority or territorial conflict between the heirs you have chosen to receive these various businesses.

3. If You Own Real Estate in Another State

If you happen to own real estate in another state, you will naturally be concerned to make sure that all of these properties are distributed in a fully equitable manner among all of your designated heirs. You can work with your elder law attorney to see that each of these properties will be apportioned to your heirs with no hold ups such as unpaid taxes or disputes over ownership. Your lawyer can also represent you in such matters as resolving any liens or tax issues that may come from changes in the taxation laws of the various states that these properties are in.

4. To See to the Needs of a Disabled Family Member

If you have a disabled family member that you desire to see to the needs of, your elder law attorney can help you set up a special trust on their behalf. This means that your disabled family member will have access to all of the financial and other means of support that they need to enjoy the highest possible quality of life. The main issue here will be to see that they have uninterrupted access to the funds that you designate for their benefit. Your lawyer can help you see to it that this access is not denied or disputed due to conflicting legal claims or paperwork tangles.

5. If You Have Substantial Assets to Distribute

If you have substantial assets that need to be distributed in a fair manner, your elder law attorney can make sure that this happens in the manner you designate. There may issues related to taxes, as well as issues relating to the distribution of these funds. Your senior lawyer can work with you to make sure that these funds are handed out in the manner that you see fit. If there are any legal disputes that arise, your lawyer will represent the wishes of your estate in order to see that none of the heirs you designate to receive funds will be frozen out of your will.

6. If You Have No Children to Provide For

If you have no children to provide for under the terms of your will, you may choose to distribute the assets from your estate to other parties that you designate. Your elder law attorney can help you choose the heirs that you wish to provide for. Your lawyer can also work with you to make sure that the funds and other assets from your estate go to the persons that you designate for this purpose. There may be laws in your state that complicate the process of providing for persons other than family members. If this is the case, your lawyer can help resolve these issues.

7. Resolving Issues Related to Your Will & Trusts

If you are concerned that there may be issues related to your will & trusts after you have passed, you can hire an elder law attorney to represent your wishes. Your lawyer can make sure that your will & trusts are portioned out to your heirs in the manner that you see fit. There may be various legal issues that complicate this process. It’s an excellent idea to work with a lawyer to ensure that these issues are resolved in as straightforward a manner as possible in order to avoid a series of long, costly legal battles related to the distribution of funds from your estate.

8. If You Have Been Recently Divorced from Your Spouse

If you have been recently divorced from your spouse, there may be issues related to the redrawing of your will. There will very likely also be the question of how to balance assets from your estate against the settlement you have reached with a recently divorced spouse. These are complex legal questions that will require the aid and counsel of a professional elder law attorney to resolve in a successful manner. Your lawyer can help you redraw your will to reflect these changed conditions in a way that will continue to benefit the primary heirs you have already designated.