Law Offices of Janet Lund-Probate & Trust Attorney

Rather than being defined by technical and legal distinctions, Elder Law is defined by the specific clients who are to be served. The attorney who practices Elder Law works primarily with people as they age and has a detailed and specialized knowledge of relevant laws.

Have you updated all of your important documents? That’s just one of the important duties of an estate planning attorney. An attorney will make sure your insurance policies, IRA’s, annuities, and other important documents have all been updated to reflect the proper beneficiary.

What is a health care proxy? Sometimes called a health care agent or medical power of attorney, the health care proxy designates the person(s) you wish to make medical decisions on your behalf if you’re incapacitated.

Whether the elder care issues are for you or your parents, it can be difficult to figure out federal and state laws for things like estate planning and what Medicare does and does not cover. Having an expert in elder law who can provide answers to questions is an invaluable first step in solving elder care issues.

An elder law attorney will help with the conferring of tax-free and charitable gifts and minimizing your estate. Your elder law attorney can also help you understand emerging laws and changes in medicine that might affect your estate decisions.

Did you know that in some cases it is a good idea to open a probate proceeding regardless of the amount of the deceased’s individually owned assets? This is especially true when creditors are involved, as they have 2 years from the date of death to file a claim against a decedent’s estate that is not probated. If the decedent's estate is probated, then this period of time can be drastically reduced to approximately 6 months after the date of death.

When a court makes a finding of incompetency or incapacity, it means that a person is unable to act on his or her own behalf. Often, states or jurisdictions will have a sound mind requirement before a will can be drawn up. A court cannot make a finding of incompetency or incapacity without the professional opinion of a physician.

Do you know what a pour-over will is? This is a Will that is prepared in conjunction with a trust and provides for all or most of the assets that are to be transferred into a trust. A pour-over will makes it so that a person’s estate pours over into a trust.

A medical durable power of attorney is sometimes called a durable power of attorney for health care. It identifies the person(s) you wish to have make medical and health care decisions for you or act on your behalf in the event you’re incapacitated.

Have you always believed that a piece of property you own would be the perfect location for a nature preserve or children’s home? Regardless of the purpose you have in mind, we may be able to help you ensure a particular charity is able to make use of it by placing it in your will.

A power of attorney can be revoked at any time unless the principal loses the mental capacity to understand the nature and significance of the revocation. This is done by simply signing a written notice of intent to revoke POA and delivering this notice to the relevant parties.

What is a trust? At its most general level, a trust is a legal arrangement managed by a designated person (the trustee) who holds title to and manages the investments or property held in the trust.

Many people have strong opinions on end of life medical care. With the help of an elder law attorney you can ensure your directions are in writing, whether it is part of a durable power of attorney or a separate document known as a health care directive.