Elder Law Answers
How Do I Relinquish Guardianship of My Husband?
I am the caregiver and guardian for my husband, who suffered a severe stroke 18 months ago. I can no longer provide the ca...
Read moreHow Do I Leave Money to My Disabled Daughter and Make Sure Her Husband Does Not Have Access to It?
- May 25th, 2018
Q
My daughter, 67, is disabled and I would like whatever assets I have on my death to go to her to be used for her comfort, food, and welfare. My only problem is her husband. I do not want him to have access to or inherit any of this money. Also, in case I need the money before my death, I want to be able to use it. Can I do an amendment to my will?
A
The solution is for you to leave everything in trust for your daughter. That way it will be protected from your daughter’s husband and also not affect her eligibility for public benefits. The problem is that both creating and managing an individual trust can be expensive in relation to the amount of money involved. Rather than an individual trust, it probably makes sense to sign up with a non-profit organization that manages trusts for many beneficiaries (these are called "pooled trusts"), usually at a lower cost than that charged by lawyers and professional trustees. You can find a list of organizations providing this service here: https://specialneedsanswers.com/pooled-trust.
Local Elder Law Attorneys in Ashburn, VA
Meet Loretta Williams
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Loretta Williams
Hale Ball Carlson Baumgartner Murphy PLC
Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...
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Evan Farr
Farr Law Firm
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
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Meet William Fralin
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William Fralin
The Estate Planning & Elder Law Firm PC
Bill founded The Estate Planning & Elder Law Firm, P.C. in 1994. Bill limits his practice to the areas of estate planning and administration, incapacity planning, Medicaid, asset protection planning, and elder law. He is one of (15) fifteen attorneys practicing in Virginia, Maryland and the District of Columbia, ce...
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