Texas Estate Planning

Why Should I Attend an Estate Planning Workshop?

You’re busy. There are a lot of things you want to do that you don’t even get to do, so why should you spend your Saturday afternoon at your local library listening to an attorney? Well, if you’ve been meaning to “get your affairs in order,” name a guardian for your children, or are looking into nursing home options, then Ard Law Firm’s “Preserve Your Legacy Workshop” at Helen Hall Library this Saturday, March 11, 2023 @ 11-1 PM is an excellent place to start. 

 

We’ve noticed that families currently going through some sort of transition (i.e. retirement, marriage, having children, or seeing their children become legal adults), highly benefit from having accurate and updated information about what an Estate Planning attorney can do to help you. You can’t know what you don’t know–and a workshop will help you know! 

 

So here are 5 benefits of attending an Estate Planning Workshop: 

 

1. Meet your future attorney. 

Estate Planning lawyers are not like the ones you see on TV. We are family people, focussed on taking care of our clients and their families. We know we won’t be the right fit for everyone, but a workshop will certainly help you assess if our values and services align with your needs. 

 

2. Learn where to begin. 

We often speak with clients who don’t really know what they need, but they know they need something. We’re happy to serve people with any and all levels of insight about Estate Planning, but we understand that you don’t want to jump into any process, let alone a legal process, without some direction.

 

The basic terms we discuss will be familiar to you, but our attorney will help weave them together in a way that makes sense for you and your family. That’s exactly why we host workshops–to help you better understand your options in these next stages of life. Whether that’s learning how to pay for a nursing home, making sure your minor children are taken care of in case of an accident, or learning more about pensions for aging Veterans, we’re here to help you get the ball rolling. 

 

3. Get your basic questions answered. 

Although we can’t offer you personal legal advice at the workshop, the presentation is sure to cover common questions surrounding Estate Planning, Probate, Medicaid, and VA Aid & Attendance. There will be a time towards the end of the workshop where everyone will be able to ask the attorney any unanswered questions they might have. 

 

4. Meet other people in your community going through a similar situation. 

You’re not the only one starting the process. The NAME Workshop is a great time to meet your neighbors who will be finding their answers right alongside you. Maybe they’ve started and stopped their Estate Planning before or looked into other avenues to afford a nursing home and can help you navigate your own path forward. 

 

5. Receive flyers with helpful information. 

We really appreciate your time and attention, that’s why we’ll make sure all the right information gets home with you. It’s always helpful to have something you can reference, and with our helpful flyers, you can rest assured that the information you’re reading is correct. 

 

It’s fairly common to hear clients say, “My friend at the beauty salon said…” Sometimes this information is correct, but usually it’s only partially correct. We love that folks are talking about estate planning, probate, Medicaid, and VA Aid & Attendance, because we know how important these topics are, but we just want to make sure you have the most accurate information available to you. 

Ard Law Firm really believes in the importance of speaking with our community about all the services we offer–and we’re so excited to see you this Saturday (March 11, 2023) at the Preserve Your Legacy Workshop at Helen Hall Library (100 W. Walker St. League City, TX).

Space is limited, so RSVP by reserving free tickets here

5 Benefits of Having an Estate Plan

Getting an estate plan can be daunting, especially if you’re the first one in your family to do so. It requires making a lot of important and informed decisions, which is why it’s essential to find a licensed attorney specializing in estate planning who can guide you through the process in a way that makes sense to you. 

 

According to a survey from caring.com, only 33% of Americans have an estate plan in place. And the main reason given for not having documents is that people simply “haven’t gotten around to it,” followed by believing they “don’t have enough assets to leave to anyone.” 

 

But estate planning isn’t about the amount of assets you have, it is about making your own decisions about how those assets get passed along to your loved ones. Each state government has a set of laws dictating what happens to property and assets when someone dies. This process is called “probate,” and can be avoided with the proper estate planning documents in place. Otherwise, probate can be a lengthy, expensive, and stressful process for your kin. 

 

There are infinite reasons why estate planning is important, but you’ll only know exactly how it can impact your life and finances if you talk with an attorney. 

 

Let’s take a deeper look at some of the benefits of estate planning: 

 

1. Making your own decisions, rather than letting the government make them for you.  

 

Having an estate plan in place ensures that your assets, no matter how many, transfer smoothly to the people you intended. For instance, if there is a child with disabilities, receiving an inheritance might disqualify them from certain financial benefits. But if they inherit inside a trust, the child would be able to stay on benefits and inherit any money or assets their loved one wanted to give to them. 

 

2. Getting to keep the house. 

 

You might know of someone who sold their house to afford a nursing home or other elderly care. For many families this is heartbreaking, as a home might be their largest asset and has the potential to create a stronger financial standing for future generations. 

 

When you speak with an estate planning attorney, they are obligated to inform you of all your available options according to your needs and requests. In many cases, clients end up learning that they don’t have to sell the home and that there are other ways to pay for care as you age. 

 

3. Discovering VA benefits you might not have known about. 

 

One of the questions we ask during our intake process is “are you (or your spouse) a Veteran?” This is because, as attorneys, we’re obligated to inform you of all your available options, one of which is “Veteran Aid and Attendance.” 

 

VA Aid and Attendance is a program to ensure that our aging Veterans and their spouses are taken care of. To help file these claims, you must be an accredited attorney with the Department of Veteran Affairs. Our founding attorney, Sandra Perez Ard, went through the rigorous process and is proud to offer her services to our nation’s Veterans. 

 

4. Realizing you can qualify for Medicaid to help pay for a nursing home.

 

Medicaid is a program that’s dually funded by the federal government and your state government. This means there are a lot of laws and regulations that guide the Medicaid application process. Ard Law Firm, PLLC, is licensed to serve all of Texas–be sure the legal advice you receive is from an attorney licensed in your state. 

 

Again, attorneys are legally obligated to inform you of all your options and to do their best to help you in pursuing the option you choose. Anyone can assist in a Medicaid application, but not everyone knows the precise details required to be successful in this endeavor. 

 

5. Having a plan makes everything less stressful for your loved ones. 

 

Don’t add to the grief of those you love, make sure everything is squared away so that they don’t have to worry about paying your electricity bills on top of missing you. It’s not an easy situation to imagine, but it’s far better to have a plan in place than to leave everyone scrambling. An estate plan is often the last gift you give your loved ones and it helps give them Peace of Mind.

 

Having an estate plan creates peace of mind and a sense of security for you and future generations–don’t put it off any longer, plan when you can. At Ard Law Firm, your first consultation is free so there’s no need to worry.  Call us today to schedule: 713-429-0218

What is a "Sweetheart Will"?

Taking time to make sure your loved ones will be okay in the future is not only a great act of love, it’s also the basis for Estate Planning. Maybe that’s why the term “Sweetheart Will” exists. 

 

A “Sweetheart Will” is one of the most common forms of wills in which a couple leaves everything to each other and then to their children. This means a “Sweetheart Will,” is actually two wills, one for each spouse, that work in tandem to ensure your assets pass to your partner and then to your children. 

 

What a lovely name for such an act of love, but a “Sweetheart Will” isn’t the best option for every family.

 

When a Sweetheart Will isn’t the best option… 

 

Family dynamics are unique and sometimes complicated. There are many reasons why bequeathing everything to your partner and then to your children might not be the best option for you and your family. 

 

For instance, if you have a child or spouse that might eventually receive financial benefits like SSDI, leaving them all of your assets might disqualify them from these helpful programs. Thankfully, “contingent trusts,” keep your loved ones on these services while also allowing them to receive your inheritance via a trust. 

 

There are also many personal reasons as to why a Sweetheart Will just won’t work for you and yours. Certain family truths that are often difficult to discuss, like addiction or mental illness, can factor into how your will is drafted. 

 

Ultimately, the decision to name someone in your will or create a contingent trust for them is a great act of care and concern for their future. 

 

Benefits of a Sweetheart Will

 

And of course, Sweetheart Wills wouldn’t exist if they weren’t incredibly useful. They are sweet and simple and tend to “keep the peace” when it comes down to executing the will.

 

Sweetheart Wills work best: 

• If it’s your first and only marriage. 
• If this is the only marriage with children. 
• When all of your children get along. 
• When all parties agree that this is best for the family. 

 

When considering a Sweetheart Will, be sure to discuss the logistics with your partner and children. Getting everyone on the same page often makes the estate planning process much easier. 

 

How will you know if a Sweetheart Will can Work for Your Family 

 

Before making any Estate Planning decisions, one should always speak to a licensed professional. Attorneys stay up to date on laws and regulations in your area and have a duty to you as their client, to make sure your assets are handled appropriately. 

 

There are many details that go into the Estate Planning process and an attorney who specializes in this area will be able to steer you and your family in the right direction. 

Do I Need to Hire an Attorney for VA Aid & Attendance?

If you’re familiar with the VA office, then you know that sometimes there are hoops to jump through simply in order to get access to your well-earned benefits. The rules and regulations guiding this service are often updated each year with new laws that affect Veterans. 

 

And actually, the Department of Veteran Affairs will only work with law firms that are accredited by the VA. Sandra Perez Ard (aka Sandy), Ard Law Firm’s founding attorney, has paid her dues and worked hard to ensure quality legal services to Veterans across the great state of Texas by becoming a VA accredited attorney. 

 

What is VA Aid & Attendance? 

According to the U.S. Department of Veteran Affairs, “Aid & Attendance (A&A) is an increased monthly pension amount paid if you meet one of the conditions below: 

• You require help performing daily functions, which may include bathing, eating, or dressing. 
• You are bedridden. 
• You are a patient in a nursing home. 
• Your eyesight is limited to a corrected 5/200 visual acuity or less in both eyes; or concentric concentration of the visual field to 5 degrees or less.” 

 

Over the past decade, we’ve helped many aging Veterans and their spouses in Texas keep their homes and afford assisted living. At Ard Law Firm, PLLC, we’ve learned how best to navigate the application process to ensure that everything works out smoothly for you and your family’s needs. 

 

Our attorneys attend continuous training that keeps them up to date on the laws and regulations that affect your assets when applying for VA Aid & Attendance. This specialized training and continued education is why hiring a VA accredited attorney is very important. 

 

We care about our nation’s Veterans and will work hard to get you and your loved ones all that you deserve. When you let us get you your entitled benefits, the benefits come to you and your family, giving you full control. It allows you to decide who you want to use as caregivers or what assisted living facility you want to live at. You maintain control of your money, not the service who helped you get the benefits.