News & Resources: Blog

How an Estate Planning Attorney Can Help You

Published: March 31, 2021

According to a recent study by Caring.com, the number of adults 55 and older with a will has fallen from 60% to 44% since 2019. This is a decrease of 27%, even with the Covid-19 pandemic as a potentially motivating factor. At Scott Bloom Law, we constantly stress the importance of having a plan in place for all potential elder law issues, but this is probably most true for estate planning. One troubling statistic from the Caring.com study is the number of older adults that replied that they do not know how to get a living trust or will or that it is too expensive to set up. Working with an experienced, knowledgable estate planning attorney, with an overarching understanding of elder law, is one easy path to establishing a plan that benefits the elderly and their loved ones. Below we discuss what estate planning is and how an elder law attorney can help.

What is Estate Planning?

Estate planning is the process by which your estate is preserved during your lifetime and distributed to your loved ones, also known as beneficiaries, upon your passing. An estate plan aims to preserve the maximum amount of wealth possible for your beneficiaries while allowing you the most flexibility of using those assets while you’re alive. In layman’s terms, an estate is somebody’s net worth in the eyes of the law and estate planning is a way to preserve your assets, such as your bank accounts, home, car, and any other smaller assets that you may have in your name.

The Benefits of Talking to an Elder Law Attorney About Your Estate Planning

Because an elder law attorney is familiar with all aspects of elder law, they provide a holistic approach to planning that guarantees all aspects of elder care and end-of-life situations are considered. While dotting the i’s and crossing the t’s on all of the various documents is extremely important, it is also a good idea to consult with an elder law attorney to develop a strategy that guarantees that families cover all the bases.

Speaking of documents….there will be a lot of them and it is highly recommended that you utilize an elder law attorney to help guide you through all the paperwork. Here are some of the most common documents that at Scott Bloom Law we would include in most of our estate plans:

  • Wills & Trusts
  • A durable power of attorney
  • Letter of intent
  • Healthcare power of attorney
  • Beneficiary & Guardianship designations

With so much to account for when planning your estate, having an experienced, knowledgable, and compassionate attorney to advocate for you and your loved ones allows for peace of mind. A thorough elder law attorney is able to set a plan that, among other things, lessens the possibility of inter-family conflicts, establishes who will be managing your financial and/or legal affairs in the event of a diminished capacity, unexpected accident, or death, and so much more.

At Scott Bloom Law, we are a team of advocates who care, always fighting for what’s best for our clients and their families. With knowledge, experience, and compassion, we strive to find solutions that make the aging process as emotionally and financially easy as possible. Visit us at scottbloomlaw.com or call 215-364-1111, to talk to find out more.

CLIENT Testimonial

This question is asked all the time: “Wouldn't it be easier to get a will off the internet, transfer my land when I die, and put my children on my bank account?” It’s just not a good idea. For the plan to work as you would want it to, it should account for plenty of complications. A good plan should protect your spouse and your children from the loss of valuable government benefits if anybody is or becomes disabled. The plan should avoid the delay and expense of probate court. The plan should protect money from children’s creditors or divorce or remarriage. It should be crafted to serve family harmony and to avoid disputes between children as joint owners. Even a relatively simple situation is made up of many moving parts. Internet documents and joint-ownership devices just won’t do the job.

Also, assembling the moving parts so they work smoothly is just the first step. Your estate plan needs maintenance too, just like your car has a “check engine” light. Major family events like serious illness or death, marriage, birth, or financial reversals are alerts that you should tune up your plan to reflect those changes. Your plan shouldn’t be “one and done.”

It takes expertise to coordinate the various strategies available. Don’t risk a result that will cause your family problems and unnecessary expense. Call us to create a plan that harmonizes the moving parts, so the gears will work together and you will leave the legacy you intended. We hope you found this article helpful. If you have questions or would like to discuss your legal matters, please do not hesitate to contact our office at 215-364-1111 to schedule a consultation.

- Creating an Estate Plan On Your Own: Think Twice

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CLIENT Testimonial

Scott Bloom is one of the most caring, responsive, elder law attorney you can find in central New Jersey. He has been a great support not only for my parents but also for me and my siblings. We are deeply grateful for everything he has done over the past 3 years. I am thankful ever day that he came into our lives. In the past year, we lost our father to the terrible disease of dementia, but we are relieved to know that our mother is still in good hands with Scott by her side. Our entire family highly recommends Scott Bloom and his team!
- Annette B., Allentown, New Jersey