Send us a text

Digital assets are becoming an essential component of estate planning, yet many clients do not realize their significance. This episode discusses practical steps and legal considerations for addressing digital assets in elder law.

• Importance of planning for digital assets 
• Conducting a digital asset inventory 
• Challenges of accessing digital assets posthumously 
• Creating a digital asset access plan 
• Overview of RUFADA and its implications 
• Social media legacy contacts and manager settings 
• Encouraging client education around digital asset management

Article to review: https://trustandwill.com/learn/what-is-rufadaa?srsltid=AfmBOork0KxFsQpnlo8Z4DFFyElKbEl39Bgnt59rvfsRRqHNX3UnKDGa

Check out our new website www.TheElderLawCoach.com.

Send us a text

This episode explores the delicate balance between protecting the rights of elderly clients and preserving their autonomy in light of diminished capacity. Todd emphasizes the ethical responsibilities of elder law attorneys to advocate for their clients and the importance of legally empowering them through comprehensive powers of attorney. 

• Understanding the implications of diminished capacity 
• Importance of advocating for client autonomy 
• Ethical duties of elder law attorneys 
• Role of powers of attorney in preserving rights 
• Common issues faced with powers of attorney 
• Necessity for proper client education and communication 

Please visit the elderlawcoach.com website.

Trisha's Contact is 479-802-4767 and [email protected]

Check out our new website www.TheElderLawCoach.com.

Send us a text

This podcast episode emphasizes the importance of probate avoidance and explores various strategies to ensure smoother transitions of assets upon death. Todd Whatley discusses ethical estate planning practices, focusing on revocable living trusts, beneficiary designations, and joint ownership as ways to bypass probate.

• Understanding the pitfalls of defaulting to probate 
• The role of revocable living trusts in estate planning 
• Benefits of using beneficiary designations 
• Ethical considerations in presenting estate options 
• The risks associated with joint ownership 
• The necessity of trust funding and regular plan reviews 
• Strategies for keeping estate plans up to date 
• Encouragement to adopt probate avoidance practices

Check out our new website www.TheElderLawCoach.com.

Send us a text

In this episode, we explore the vital role of special needs trusts in elder law, discussing their importance for families and how attorneys can incorporate them into their practices. With practical marketing strategies and insights, listeners learn how to serve this unique community effectively.

• Understanding the significance of special needs trusts 
• Navigating client needs in the realm of elder law 
• The impact of financial advisors and CPAs on trust planning 
• Effective marketing strategies for reaching families in need 
• The advantages of creating dedicated special needs trusts 
• Legal considerations regarding congressional changes and trust regulations 
• Strengthening professional relationships within the community 

If you are interested in coaching, please visit www.theelderlawcoach.com for more information.

Check out our new website www.TheElderLawCoach.com.

Send us a text

Discover the intricate world of estate and gift tax exemptions with Todd Whatley, the Elder Law Coach. What could the re-election of President Trump mean for your financial future? As Todd guides us through the potential shifts in estate planning, he delves into the looming reduction of the estate tax exemption from $13.61 million per individual to a potentially game-changing $5 million by 2026. With Congress's role unclear, Todd sheds light on the strategies you might need to adopt and the political dynamics at play as this fiscal transformation unfolds.

In this episode, Todd also illuminates the nuances of gift tax exclusions, which have risen to $18,000 per person per year in 2024. Understanding this component is critical as it ties into the lifetime exemption and could significantly influence your estate planning strategy. As practitioners and clients brace for these changes, Todd equips you with essential insights to navigate the complexities ahead. Whether you're an established attorney or a budding lawyer, mastering this knowledge could transform how you approach elder law and estate planning in these uncertain times.

Links:
https://www.kiplinger.com/taxes/changes-to-estate-tax-are-coming-congress-options

https://www.kff.org/quick-take/what-trumps-2024-victory-means-for-medicaid

https://www.politico.com/newsletters/politico-pulse/2024/11/18/states-rush-medicaid-requests-before-trump-return-00190062

Check out our new website www.TheElderLawCoach.com.

Send us a text

Unlock the secret to revolutionizing your elder law practice's goal-setting strategy with Todd Whatley as your guide. Traditional methods often leave us short of our targets, but what if your objectives were not only clear but quantifiable as well? Through the power of Objectives and Key Results (OKRs), Todd shares insights on how you can set short-term, qualitative objectives and pair them with measurable key results. Discover how to elevate client satisfaction and improve response times, all within a framework that promises transparency and encourages collaboration without resorting to financial incentives.

Join the conversation as Todd walks you through practical steps to implement OKRs in your practice effectively. Learn how to set ambitious but achievable goals, align your team’s efforts seamlessly, and continuously track progress to ensure success. From expanding your client base to enhancing operational efficiency, this episode offers a roadmap for innovation and growth. Plus, Todd welcomes your questions and feedback, emphasizing community and ongoing professional development. With resources readily available and a focus on achieving specific goals, your journey towards mastering OKRs begins here.

Check out our new website www.TheElderLawCoach.com.

Send us a text

What happens when a small oversight turns into a $6,850 lesson? Join me, Todd Whatley, on a journey through the complexities of elder law, as I recount an unforgettable personal story that underscores the critical importance of communication and documentation in the Medicaid application process. This episode isn't just about a mistake; it's about embracing errors as stepping stones to improvement and growth. Learn how the Community Spouse Resource Allowance (CSRA) plays a vital role, and why removing an institutionalized spouse's name from assets exceeding $2,000 is a non-negotiable step in elder law practice. By sharing this open and honest account, I aim to empower fellow attorneys to recognize that even seasoned professionals stumble, and that the true value lies in the lessons we extract from these experiences.

To prevent future missteps, I discuss the transformative power of office checklists, designed to ensure every detail is accounted for, much like the protocols that keep airline operations running smoothly. Hear how these structured processes can maintain client trust and uphold a law firm’s reputation. Additionally, I introduce an exclusive coaching program crafted to elevate your elder law practice, particularly for those eager to master crisis Medicaid cases swiftly. This program promises to guide you from your initial client interaction to the final resolution, equipping you with the expertise needed to thrive. Subscribe now to gain more invaluable insights, and visit our website for resources that can help make you an elder law authority.

Check out our new website www.TheElderLawCoach.com.

Send us a text

Do you have trouble getting people to hire you to amend their trust done by another attorney?  Are you creating trusts with terms that are not in your client's best interest?  Unlock the secrets to effective trust management and protect your clients' interests with insights from Todd Whatley, a veteran in elder law. Discover why Todd advocates for creating new trusts over amending old ones and learn how this approach can safeguard assets from bankruptcy, divorce, lawsuits, substance abuse, and in-laws. Gain practical tips on the benefits of testamentary trusts and the strategic appointment of trustees with limited powers. Our conversation will equip you with the tools to enhance your trust management practices and attract new clients by offering superior protection for their assets.

Navigate the complex terrain of transitioning power from an initial trustee to a successor trustee, especially in sensitive cases involving incapacitation due to dementia. Traditional methods often lead to family conflicts and legal battles, but Todd introduces an innovative procedure to ensure smoother transitions. This episode provides a step-by-step guide on incorporating provisions within trusts to allow for medical evaluations prompted by the successor trustee, preventing unnecessary complications and safeguarding the interests of all parties involved. Don’t miss this opportunity to refine your approach to trust management and offer exceptional service to your clients.

Check out our new website www.TheElderLawCoach.com.

Send us a text

Unlock the secrets to effective elder law and estate planning as we host Ian Weiner, a Certified Financial Planner, who shares his expertise on the critical risks of using templated legal documents and "do it yourself" financial advice. Discover why DIY and advisor-mediated estate plans often fall short and how improper documentation can lead to serious consequences. Ian and Todd Whatley expose the ethical concerns of financial advisors inflating legal service costs and stress the importance of consulting certified elder law attorneys for comprehensive estate planning.

In our advanced segment, we dissect sophisticated estate planning strategies tailored for high-net-worth individuals. Learn how integrating robust financial and tax strategies, such as charitable remainder trusts and AB trusts, can result in substantial tax savings. We emphasize the continuous need for personalized client relationships and collaborative teamwork to ensure strategic, effective estate planning. Tune in for an enlightening discussion that promises to equip you with the knowledge to safeguard your estate with expert legal guidance.

Check out our new website www.TheElderLawCoach.com.

Send us a text

Discover the evolving world of estate planning and financial advising in our latest episode, featuring insightful contributions from Todd Whatley, the Elder Law Coach, and certified financial planner Ian Weiner. You won't want to miss Todd's candid apology for the delay in new episodes as he commits to more frequent and valuable content. Ian takes us through the types of financial advisors, emphasizing the fee-only model and the industry's shift towards comprehensive financial planning. Gain from Ian's extensive experience as he underscores the necessity for transparency and client-focused advice, steering away from mere asset management. This episode sets the stage for a two-part series, starting with emerging issues in estate planning and financial advising.

In the second part of our discussion, we tackle the critical topic of effective sales strategies in professional services. Ian and Todd highlight the importance of being assertive and ethical when offering services, likening it to saving a drowning person with a life raft. Todd shares his journey from hesitating to push financial services to realizing the positive impact of a proactive approach. Together, they delve into the ethical duty to provide clients with the best possible service and avoid the pitfalls of subpar assistance. Learn about the significance of profitability for a sustainable business and the role of effective salesmanship in client success. This conversation is a must-listen for anyone in professional services, emphasizing the moral obligation to guide clients towards beneficial decisions assertively.

Check out our new website www.TheElderLawCoach.com.