E-Law Estate Planning & Elder Law

When property is owned jointly, what happens upon one owner’s death depends on the type of joint ownership in place. Real estate is commonly held in various forms, each with its own rules on how property passes to heirs. This may include: 1. Joint Tenancy or Joint Tenancy with Rights of Survivorship. On the joint owner’s death, the owner’s share goes to the surviving joint owner. 2. Tenancy by the Entirety. This type of joint ownership is only available between spouses and is not used in all states. This is when the first spouse passes, their interest automatically passes to the surviving spouse outside of probate. 3. Tenancy in Common. This form of ownership has no right of survivorship, and each owner’s share of the property passes to their chosen beneficiary upon the owner’s death. Tenants in Common may have unequal interests in the property, and when one owner dies, their heirs will inherit their share and become co-owners with other Tenants. Learn more today: buff.ly/4f5vxdN #estateplanning #digitalassetprotection #lastwillandtestament #executor #TrustPlanning #assetprotection #blendedfamilies #estateplanningforminorchildren #probate #estateadministration #trusts #specialneedsplanning #specialneedstrusts #powerofattorney #Medicaidplanning #longtermcareplanning #eldercare #elderlawattorney #elderlaw

Thank you for sharing your experience with us, Amy S.! If you have any further questions or need additional assistance please do not hesitate to reach out. We're here to help you. #estateplanning #digitalassetprotection #lastwillandtestament #executor #TrustPlanning #assetprotection #blendedfamilies #estateplanningforminorchildren #probate #estateadministration #trusts #specialneedsplanning #specialneedstrusts #powerofattorney #Medicaidplanning #longtermcareplanning #eldercare #elderlawattorney #elderlaw

As our loved ones age, daily tasks that once seemed simple, can become difficult. These tasks, known as Activities of Daily Living (ADLs), are essential for maintaining independence. When ADLs become a challenge, it’s time to consider options for assistance and care. An elder law attorney can guide you through the legal and financial steps to ensure your loved one gets the care they need. From understanding ADLs to making crucial decisions, having professional guidance ensures that every aspect of care is handled with compassion and expertise. This may include: 1. Bathing and Personal Hygiene 2. Dressing 3. Eating 4. Toileting 5. Mobility Learn more today: buff.ly/4825TEw #estateplanning #digitalassetprotection #lastwillandtestament #executor #TrustPlanning #assetprotection #blendedfamilies #estateplanningforminorchildren #probate #estateadministration #trusts #specialneedsplanning #specialneedstrusts #powerofattorney #Medicaidplanning #longtermcareplanning #eldercare #elderlawattorney #elderlaw

Special Needs Estate Planning ensures that your loved ones with disabilities are well taken care of when you are no longer able to advocate on their behalf. For parents, making thoughtful estate planning decisions is essential to coordinating the legal, financial, and care needs of their children—both now and in the future. A Special Needs Trust is often the most effective way to safeguard your child’s future without jeopardizing their eligibility for public assistance. There are two main types: 1. Third-Party Special Needs Trust:  Created using the assets of the parent(s) as part of an estate plan; distributed by a Will or Living Trust. 2. Self-Settled Special Needs Trust: Generally created by a parent, grandparent or legal guardian using the child’s assets to fund the Trust. If assets remain in the Trust after the child’s death, a payback to the state is required, but only to the extent the child receives public assistance benefits. Set every member of your family up for success. Learn more today: buff.ly/4gZwvtN #estateplanning #digitalassetprotection #lastwillandtestament #executor #TrustPlanning #assetprotection #blendedfamilies #estateplanningforminorchildren #probate #estateadministration #trusts #specialneedsplanning #specialneedstrusts #powerofattorney #Medicaidplanning #longtermcareplanning #eldercare #elderlawattorney #elderlaw

Your Legacy Deserves More Than a Template Estate planning is more than just filling out a form—it’s about protecting your legacy and ensuring your specific wishes are honored. Online templates are often too generic and may not comply with your state’s legal requirements. Working with an estate planning attorney ensures that your will is tailored to your unique needs, offering the protection and peace of mind your family deserves. Learn more today: buff.ly/3yjh4v2 #estateplanning #digitalassetprotection #lastwillandtestament #executor #TrustPlanning #assetprotection #blendedfamilies #estateplanningforminorchildren #probate #estateadministration #trusts #specialneedsplanning #specialneedstrusts #powerofattorney #Medicaidplanning #longtermcareplanning #eldercare #elderlawattorney #elderlaw

As you plan your next vacation this fall or winter, don’t overlook the importance of legal preparation. Financial disarray, medical decisions, and guardianship concerns are often missed in the excitement of travel. Take steps now to ensure your wishes and legacy are protected, no matter the circumstances. Here are 3 steps to secure your legacy: 1. Review and Update Existing Documents: If it’s been a while since you last reviewed your estate plan, updates may be needed due to family changes, like a new child, marriage, or changes in your assets. 2. Establish a Living Trust: A living trust can help manage your assets, avoid probate, and provide a smoother transition for your estate. 3. Consult with an Estate Planning Attorney: Professional guidance ensures your documents are up-to-date and reflect your current wishes. Learn more today: buff.ly/3zPWHGw #estateplanning #digitalassetprotection #lastwillandtestament #executor #TrustPlanning #assetprotection #blendedfamilies #estateplanningforminorchildren #probate #estateadministration #trusts #specialneedsplanning #specialneedstrusts #powerofattorney #Medicaidplanning #longtermcareplanning #eldercare #elderlawattorney #elderlaw

Estate planning is often misunderstood as something only the wealthy need. However, whether you live in Las Cruces, New Mexico, or anywhere else, creating an estate plan is crucial for everyone, regardless of financial status or age. A trust creates a legal entity that holds your assets during your lifetime. As the grantor, you retain control of these assets, and a trustee manages them after your death. Trusts can help avoid probate, which can be lengthy and costly. Here are 3 key reasons to consider setting up a trust: 1. Avoiding Probate: Probate can be a long and complicated process. If your will is the only document guiding the distribution of your assets, your beneficiaries could face months or even years of delays before receiving their inheritance.  2. Maintaining Control and Flexibility: A living trust allows you to continue managing your assets while alive and easily adjust terms as your circumstances change. Whether you buy a new property or welcome a new family member, your trust can be updated to reflect those changes. 3. Protecting Your Privacy: Privacy is important in a close-knit community like Las Cruces. Trusts keep your financial and family matters confidential by bypassing probate and preventing them from becoming part of the public record.  Learn more today: buff.ly/3ZJASDb #estateplanning #digitalassetprotection #lastwillandtestament #executor #TrustPlanning #assetprotection #blendedfamilies #estateplanningforminorchildren #probate #estateadministration #trusts #specialneedsplanning #specialneedstrusts #powerofattorney #Medicaidplanning #longtermcareplanning #eldercare #elderlawattorney #elderlaw

Thank you for sharing your experience with us, Tracy W.! If you have any further questions or need additional assistance please do not hesitate to reach out. We're here to help you. #estateplanning #digitalassetprotection #lastwillandtestament #executor #TrustPlanning #assetprotection #blendedfamilies #estateplanningforminorchildren #probate #estateadministration #trusts #specialneedsplanning #specialneedstrusts #powerofattorney #Medicaidplanning #longtermcareplanning #eldercare #elderlawattorney #elderlaw

Guardianship and conservatorship are two legal mechanisms designed to assist individuals who cannot manage their own affairs. While they share similarities, understanding their differences is crucial when considering an estate plan or caring for an elderly loved one.   Guardianship involves the legal authority granted to a guardian to make decisions on behalf of a person who is unable to do so. This typically pertains to personal, health and welfare decisions. Conservatorship, on the other hand, is primarily focused on financial matters. A conservator is appointed to manage the financial affairs of an individual who is unable to do so themselves, due to incapacity or other reasons.  Can someone have both a guardian and a conservator? Yes, in some cases, a person may have both a guardian, responsible for their personal well-being, and a conservator, responsible for managing their financial affairs. Learn more today: buff.ly/3zGTFEq #estateplanning #digitalassetprotection #lastwillandtestament #executor #TrustPlanning #assetprotection #blendedfamilies #estateplanningforminorchildren #probate #estateadministration #trusts #specialneedsplanning #specialneedstrusts #powerofattorney #Medicaidplanning #longtermcareplanning #eldercare #elderlawattorney #elderlaw

Happy First Day of Fall! 🍁 As the temperatures drop and the leaves change, is this the perfect time for you to review and refresh your legal plans before the busyness of the end of year and holidays season? 🍂 Learn more today: buff.ly/411nrwo #estateplanning #digitalassetprotection #lastwillandtestament #executor #TrustPlanning #assetprotection #blendedfamilies #estateplanningforminorchildren #probate #estateadministration #trusts #specialneedsplanning #specialneedstrusts #powerofattorney #Medicaidplanning #longtermcareplanning #eldercare #elderlawattorney #elderlaw