Q: My husband recently died. I want to be certain that my three children will inherit my house, which my husband built himself. My will leaves them everything I own. One of my sons recommends that I see a lawyer specializing in elder law. I am 78 years old and in good health. My monthly income from my pension and Social Security is about $1,800. A one hour elder law consultation will cost me $425, and I'm required to divulge my bank accounts, fixed annuity, IRA, and whatever other assets I have. But friends have told me elder lawyers would be adding charges that could go into the thousands. Won't my will suffice? Must I get involved with elder law? -- VT via email
A: The consultation won't commit you to paying anything except the $425 consultation fee. The lawyer will tell you what additional services would cost. It's up to you whether or not you want to proceed.
Anything you tell him is confidential, privileged information. You don't have to take your kids along to this meeting; but if you do, you can ask them to leave the room before discussing your finances. No experienced elder lawyer will expect you to divulge your assets in front of your children!
Is your will enough? Maybe, maybe not. Here's the potential flaw in your current estate plan:
Your will leaves the house to your children. But your son may be concerned that if you ever need nursing home care, the house might have to be sold to pay for that care. He probably hopes that an elder lawyer -- an attorney who specializes in estate planning, wills, trusts, and arrangements for long-term care -- can suggest a way to make sure that, if necessary, Medicaid will pay for your care without requiring the sale of the house.
Or he may hope the lawyer will assure him that you have sufficient savings to cover the cost of your care without having to sell the house.
There's nothing to panic about. You're in good health, and you may never need nursing home care. And if you ever do, you might decide that you prefer to sell the house to pay for your care rather than depend on Medicaid.
But all you need to decide at the moment is whether it's worth $425 to learn if there's a way to be certain your kids inherit the house your husband built no matter what happens. Whether or not you act on what you learn is another matter. And that, too, is entirely your decision.
A: The consultation won't commit you to paying anything except the $425 consultation fee. The lawyer will tell you what additional services would cost. It's up to you whether or not you want to proceed.
Anything you tell him is confidential, privileged information. You don't have to take your kids along to this meeting; but if you do, you can ask them to leave the room before discussing your finances. No experienced elder lawyer will expect you to divulge your assets in front of your children!
Is your will enough? Maybe, maybe not. Here's the potential flaw in your current estate plan:
Your will leaves the house to your children. But your son may be concerned that if you ever need nursing home care, the house might have to be sold to pay for that care. He probably hopes that an elder lawyer -- an attorney who specializes in estate planning, wills, trusts, and arrangements for long-term care -- can suggest a way to make sure that, if necessary, Medicaid will pay for your care without requiring the sale of the house.
Or he may hope the lawyer will assure him that you have sufficient savings to cover the cost of your care without having to sell the house.
There's nothing to panic about. You're in good health, and you may never need nursing home care. And if you ever do, you might decide that you prefer to sell the house to pay for your care rather than depend on Medicaid.
But all you need to decide at the moment is whether it's worth $425 to learn if there's a way to be certain your kids inherit the house your husband built no matter what happens. Whether or not you act on what you learn is another matter. And that, too, is entirely your decision.
Please send your questions to Lynn@LynnBrennersFamilyFinance.com. I'm sorry I can't respond personally to every email. Questions are only addressed online.
(c) Lynn Brenner, All Rights Reserved
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