Follow
Share

Mom has a legal guardian (me) and a conservator, my brother. She has an old will. A lawyer recently told her to be sure to avoid her money going through probate. This has her very worked up. I doubt there will be any money left in the end due to AL bills. We think we can keep paying for AL at least 5 years. We plan to get legal help with end of life planning for her finances before they get too low. We thought before money gets down to around $50,000. Do we need to do anything now? I wish the lawyer had not worried her about things that will occur after she is gone.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
Thank you. That was my thought too. As far as avoiding probate, that ship has sailed. I also haven't found court fees and lawyer fees as high as reported.
Helpful Answer (0)
Report

Not sure if this will help, but probate isn't the end of the world. Maybe you could explain that it's a process where the court ensures that the will is followed and appropriate taxes and bills are paid. There are some court costs and for an attorney, if you use one. I'm not an attorney, but I'm in the middle of it now.
Helpful Answer (1)
Report

If anything, I'd be more tempted to talk to a different attorney, one who specializes in elder care law, especially Medicaid. If your mother is under both a guardianship and conservatorship, it's not like you can just go make changes to the estate plan just because the attorney said something - much of that, such as creating a trust, would now potentially be at the order of the court. Anyway, a good elder care attorney would be best to talk with as to end of life planning and any options you may want to consider now if your mother may ever need to go onto Medicaid, and discuss options that may be available to you given the conservatorship already in place and the will that is already in place, etc.

I work in law - not in a law firm any longer, but I know how a comment an attorney may think is routine could cause doubt and worry to the recipient. In any case, now that your mom is concerned, perhaps speaking to an elder law specialist may reassure all of you. Perhaps it would make sense to just do it now and reassure all that things are fine, or be offered advice of what may or may not need to be done now, or later.

Best wishes.
Helpful Answer (3)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter