what questions should i ask when trying to protect your mothers assets to a lawyer

by Carlotta Ondricka 8 min read

What questions should I ask my family lawyer?

Feb 15, 2018 · Lawyers are definitely good in asking questions but before hiring an asset protection lawyer Plantation, these are the most important questions that clients should ask from their attorneys before they finally agree that they will be their asset protection attorney: How many cases did the lawyer handle and how long has been working as a lawyer specializing on asset …

What should and should not be doing to help my attorney?

Questions to ask about a child custody attorney's legal education and professional experience include: Where did you attend college and law school? How long have you been practicing law? Are you a member of any bar associations and professional organizations? If so, which ones? On average, how many child custody cases do you handle annually?

How can I protect my assets and qualify for Medicaid?

Apr 09, 2015 · Ask a few questions about the lawyer's view of your case or situation. Five: What are the likely outcomes in my case? Lawyers are not fortune tellers. They should never guarantee a specific result. However, they should be able to give you a frank preliminary assessment of how your case is likely to play out. Six: What will the fees and expenses be?

What questions should I ask when hiring a criminal defense attorney?

The court may consider factors specific to the child, such as the child’s age, sex and development. The court may also consider how close the child’s bond is to each parent and to siblings. If the child is old enough, his or her preferences may be considered by the court. Courts also look at the lifestyle of each parent to determine which ...

What are two questions one should ask of their attorney?

1) What's Your Experience With Matters Like This? You will want an attorney that has handled a fair number of matters like yours unless it is a really unusual, one-of-a-kind situation. Ask the attorney what experience they have had in similar matters. 2) What's Your Plan For Handling This Legal Matter?Dec 18, 2019

What questions should I ask when setting up a trust?

5 Important Questions to Ask When Forming A Trust– November 29, 2021 by Rachel RoanWhy do you need a trust?Who will the trust benefit?Who will administrate the trust, now and later?Which assets will fund the trust?What are the long-term tax consequences?Nov 29, 2021

What questions should I ask when preparing a will?

5 Questions An Attorney Will Ask When Drafting A WillWhat Do You Hope To Achieve With A Will? ... What Is Your Family Situation? ... What Assets Do You Own? ... Where Do You Want Your Assets To Be Distributed? ... Who Will Be Responsible For Your Estate?Jul 23, 2019

What is the consequence of not writing a will and planning for your estate after your death?

Key Takeaways. A will is a legal document that spells out your wishes regarding the care of your children, as well as the distribution of your assets after your death. Failure to prepare a will typically leaves decisions about your estate in the hands of judges or state officials and may also cause family strife.

What are the disadvantages of a trust?

What are the Disadvantages of a Trust?Costs. When a decedent passes with only a will in place, the decedent's estate is subject to probate. ... Record Keeping. It is essential to maintain detailed records of property transferred into and out of a trust. ... No Protection from Creditors.Oct 23, 2020

What should you not put in a living trust?

Assets That Can And Cannot Go Into Revocable TrustsReal estate. ... Financial accounts. ... Retirement accounts. ... Medical savings accounts. ... Life insurance. ... Questionable assets.Jan 26, 2020

What are 5 things lawyers do?

What Lawyers DoAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...

What should I know before making a will?

With so many intricacies to the law, U.S. News has identified five important things to keep in mind when preparing your will:Don't make it yourself. ... Identify your assets. ... Joint property with a spouse falls outside the will. ... Be careful in selecting guardians and trustees. ... Beneficiary designations override wills.Sep 26, 2012

How do you prepare a will?

It is a written document with the following details:Your full name and ID number.Details of your assets.Names of your beneficiaries.How you wish to distribute your assets to your beneficiaries.Name of the executor – the person responsible for making sure your will is followed.Jun 1, 2020

How much does an estate have to be worth to go to probate?

Every state has laws that spell out how much an estate would need to be worth to require the full probate process—anywhere from $10,000 to $275,000.Apr 13, 2022

What is the order of inheritance without a will?

If you die without leaving a valid will, your estate will devolve according to the Intestate Succession Act, 1987 (Act 81 of 1987). This means that your estate will be divided amongst your surviving spouse, children, parents or siblings according to a set formula.

How do you cash a deceased person's bank account?

After your death (and not before), the beneficiary can claim the money by going to the bank with a death certificate and identification. Your beneficiary designation form will be on file at the bank, so the bank will know that it has legal authority to hand over the funds.

Background Questions for Custody Attorneys

Questions to ask about a child custody attorney's legal education and professional experience include:

Legal Philosophy & Style

You'll want to ask about the custody lawyer's style and approach to practicing law. Among the questions to consider asking:

Assessment of Your Child Custody Case

Get the lawyer's assessment of your case. Relevant questions to ask include:

Case Management

Questions to ask about how your custody issue will be managed include:

Legal Fees

Questions to ask about the estimated cost of your custody case include:

At the End of Your Meeting

Before the meeting ends, ask the lawyer if there are other questions you should have asked, or anything else the attorney wants to tell you. Is there anything you should know before deciding whether to hire him or her?

Hiring a Child Custody Attorney

Once you've had the opportunity to meet one or more attorneys, you'll need to review the results of those meetings before deciding which lawyer to hire. Among the factors to consider:

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

What is contingency fee?

In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

What is sole custody?

Sole custody is when one parent has nearly all of the rights and responsibilities related to raising the child. Some states differentiate between physical and legal custody. Legal custody means the right of the parent to make decisions for the child.

What factors are considered in a child custody case?

The court may consider factors specific to the child, such as the child’s age, sex and development. The court may also consider how close the child’s bond is to each parent and to siblings. If the child is old enough, his or her preferences may be considered by the court.

What does the court consider when awarding custody?

Generally, the court will consider the best interests of the child when determining to whom and in what manner to award custody. The factors that the court looks at are usually based on a family law that specifies relevant factors or case law in which judges have stated in past cases what factors can influence their decisions.

Can a parent have sole custody of a child?

In some cases, one parent receives physical sole custody and both may receive legal custody. In sole custody cases, the other parent may have visitation rights with the child or supervised visitation. The non-custodial parent may be responsible for financially contributing to the child’s upbringing through child support.

Do parents have to go to mediation?

Some states require parents to attend mediation before a court will hear the case. Through mediation or private conversations, the parents may be able to reach a decision regarding such issues as child custody, visitation and child support. The judge may give greater deference to agreements reached by the parents.

What does "spend down" mean?

A spend down, to an elder law attorney, merely means the conversion of a countable resource to either a non-countable resource or a new income stream, and does not necessarily mean that money needs to be spent.

How to contact Hook Law Center?

If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267. Posted in Newsletter Tagged Ask Kit Kat, ECPI, elder law, MCCA, Medicare Catastrophic Coverage Act, Myth Medicaid, Ray Ray, Robyn Sidersky.

Can an institutionalized spouse be eligible for Medicaid?

Once the institutionalized spouse is eligible for Medicaid, the resources and income of the community spouse will not be considered for continuing eligibility of the institutionalized spouse.

Does Medicaid take your home?

Medicaid does not take anyone’s home , let alone the primary residence of a community spouse. Instead, the Medicaid considers the primary residence of a community a non-countable, or exempt, resource when determining eligibility. This myth, I believe, arises from the fact that if a single individual does not reside in real property ...

Who is the mother of the ECPI?

Then came his second piece of good luck. His mother, Susan, happened to see on Facebook a post about some students at ECPI’s Richmond campus who had made a prosthetic arm for a child. Susan had a friend who worked at ECPI’s Virginia Beach campus, Nadine Newhart, who contacted the Richmond campus for her.

What is an attorney who can answer this question well?

An attorney who can answer this question well is an attorney who is attuned not only to the legal challenges at hand, but also to the way clients think about them. They’ve also likely worked with clients like you. They’ll be able to provide context upfront that answers your questions before you find yourself confused by a complex legal issue or legal language.

How many bills has Jerry Brown signed?

California Gov. Jerry Brown recently completed acting on the 1,217 bills that came across his desk this year. He has signed 1,016 of them into law, with the majority taking effect...

Do attorneys quote hourly fees?

While most attorneys will quote you an hourly rate or a fixed fee upfront, it’s important that you understand what this quote does and does not cover. For instance, will you also be responsible for reimbursing the attorney for expenses, such as transportation?

Do you want to hire an attorney who will challenge you?

While you don’t want to hire an attorney who will challenge your every move, you also definitely don’t want one who is so afraid of getting fired that they’re reluctant to question you when they have a legitimate concern.

Do attorneys have conflicts of interest?

Attorneys are responsible for divulging any potential conflicts of interest, even if they are never directly asked a question about them. However, it’s usually not a bad idea to inquire about them yourself.

Do businesspeople have to resign themselves to pick the first attorney on their resume?

The good news is that businesspeople definitely don’t have to resign themselves to picking the first attorney whose resume crosses their desk.

Can an attorney give an estimate of how long each phase of a project will take?

Although unexpected challenges sometimes arise and cause deadlines to be pushed back, attorneys should be able to give an estimate of how long each phase of the project will take. Make sure that these estimates seem reasonable and fit with the timeline that you have in mind.