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Questions to Ask before Deciding on a Trust, Elder Law Attorney, Woodstock, GA


Trusts are one of the most popular estate planning tools. Many websites suggest that everyone should get a trust as a way to avoid probate. However, before getting a trust there are some things you should consider.

Trusts have become so popular that many estate planning attorneys have gotten used to new clients visiting the attorney for the sole purpose of getting a trust. The clients have heard elsewhere that they need a trust, usually to avoid probate. However, just because trusts are popular, does not mean everyone needs to get one. The Times Herald-Record recently published a list of questions, in an article titled Bonnie Kraham: When is a trust a better option?,” to help determine if you might need a trust.

The questions include:

  • How much of your estate will go through probate? If avoiding probate is your goal, there are other ways to go about it and many of your assets might already be set up to do so.
  • Do you own out-of-state property? If you have real estate in more than one state, probate will have to be filed in each state if you rely on a will for your estate plan.
  • Do you have children with special needs? Trusts are a good way to provide for children who need special help.
  • Do you wish to protect your assets from nursing home costs? Certain types of trusts, if set up early enough, may protect your assets from nursing homes and Medicaid spend-down.

Those are just a few of the questions to consider before deciding you need a trust. The best thing you can do is to go to an experienced estate planning attorney with an open mind. Tell the attorney what your estate goals are and the attorney can help you find the best estate planning tools to achieve those goals.

Reference: Times Herald-Record (October 2, 2014) Bonnie Kraham: When is a trust a better option?

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“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

- Bonnie

Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce