The Plain English Attorney Blog

Far too many attorneys overcomplicate things, making topics convoluted and difficult to understand to the average person. This blog is committed to explaining legal planning topics in an easy to understand format, in plain English. Enjoy the blogs, and please let us know if there is a topic you would like covered.

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Six Steps to Take When Someone Passes On Feb 03, 2025

Unfortunately, people pass on. That’s life, and the end of life is part of life. But most people don’t want to leave a mess for their loved ones, and some even take the step of putting together their own estate plan. I then often get questions from the family during the planning phase about what the...

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Losing Everything? Three Medicaid Rules You Can't Afford to Get Wrong Jan 27, 2025

Planning for long term care can be incredibly complicated, especially when Medicaid is one of the options. The federal government will pay for the long term care of any senior who needs it, but they have to "go broke" according to specific rules and maximums. However, there can be a lot of specific ...

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Marriage Plan B: When Obergefell Falls Jan 20, 2025

There are potential changes to Supreme Court decisions coming, and it could impact a lot of my clients. In this case, I'm referring to the marriage equality ruling for nationwide same gender marriage in 2015 Obergefell v. Hodges. Prior to 2015, a lot of my couple clients who weren't able to marry un...

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An Estate Checkup? Jan 13, 2025

An Estate Checkup?

Many people look at estate planning as a “one and done” item on their checklist. However, keeping a solid estate plan, especially one with a revocable living trust as the base of the plan, requires an annual check-in just to be sure the plan is up to date. More importantly, we ne...

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Freedom Estate Plans Course Launched Jan 06, 2025

A Happy New Year to all! Today (January 6, 2024) marks both the day I return to work from my annual break as well as the launch of a new course called Freedom Estate Plans. The information inside is not really new for those of you who have read my book Estate Planning Basics or who have followed the...

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Failure to Fund a Trust? Dec 31, 2024

I recently was “called on the carpet” by a deceased client’s daughter, the financial advisor, and his staff, because trusts were set up to avoid probate and protect her brother as a beneficiary from bad decisions. However, half an IRA went directly to the son and the money was being wasted by him an...

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REPOST: 'Twas the Night Before Probate Dec 23, 2024

An older post that deserves to be reread this time of year...

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‘Twas the night before probate, and all through the house

Not an asset was spared, for there was no spouse

Nor were there children, or any appointed heirs

For the deceased had no plans, nor had he cared

 

The forms were stacked...

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Hibernation: Why I Take 3 Weeks Off at the End of the Year Dec 16, 2024

As an attorney, author, and content creator in the estate and Medicaid planning arenas, I have very long work days throughout the year. However, I do take three consecutive weeks off at the end of the year, and my clients have always been curious about this since most attorneys are only taking off a...

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Estate Planning for Special Needs Children Dec 09, 2024

When you have special needs children who are classified as disabled or handicapped, especially if they can't fully care for themselves even with government financial support, you may be in a position where you need to plan more for them, even if they are no longer minors. If this is true for you, th...

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Igniting a Charitable Planned Giving Program Dec 02, 2024

Charities often face problems raising money for long term stability, but at the same time they often become so consumed with fundraising for current needs or short-term expansions that they never really get around to establishing a planned giving program that can bring in large sums of money all at ...

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Thanksgiving Estate Planning on Sale? Nov 25, 2024

One of the best gifts you can leave your loved ones when you pass on is the gift of your own smooth estate plan. Unfortunately, 72% of the adult U.S. population has not created their own estate plan, and instead they are relying on the plan the government has for them. As an attorney, I have worked ...

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