The Plain English Legal Podcast

Medicaid Whoopsies

When it comes to Medicaid Planning, there are tons of loopholes that can help a family preserve a lot of assets and have a loved one still qualify for nursing home Medicaid. On the other hand, this also means there are a lot of opportunities for people to “go rogue” and make mistakes without discussing things with the Medicaid Planning Team. In this two-part video, I review some of the mistakes big enough to get specific clauses put into our engagement agreements to emphasize the importance of coloring within the lines. While this video is meant for the general public, it also can provide some insight to attorneys and other professionals who want to do Medicaid Planning for their clients.

Schedule A is Missing!

You know a plan is broken into a thousand-piece puzzle when the pages of the trust were taken out of the binder, put back out of order, and some pages are missing. But what happens when the “all-important” (sarcasm inserted here) Schedule A is one of those missing pages? It turns out in California that it could mean a lot, IF you take the trust to court. However, there is ONE solution that would have made all of the estate problems disappear.

Should I Make My Parents Trustees?

One of the most important decisions you can make in estate planning is choosing the right trustees. A frequent question that comes up when speaking with my clients who have younger children is whether or not to name their own parents as trustees. They often believe that naming someone older than them is not a good idea. But is it? In this installment, I review the topic of age when thinking of trustees, as well as the one thing many attorneys fail to do. Check out the YouTube video at https://youtu.be/qQw21OCiSeE

Health Care Power of Attorney vs Living Will vs DNR

The best topics for videos come from my clients’ questions, and we have been getting this one quite a bit lately: what’s the difference between a Health Care Power of Attorney, a Living Will, and a Do Not Resuscitate order?

FREE "Estate Planning Basics" Audiobook

Free audiobook for a limited time. The quality is not great, and the audiobook is being redone as part of an online revocable living trust planning system with better quality audio. In the meantime, enjoy this free edition for the content rather than the audio quality.

Unnecessary Trust Provisions… And One BIG Reason to Keep Them Anyway

“But this doesn’t apply to us!” It’s common enough to see lots of language in trusts and other legal documents that are ‘boilerplate’ that should stay in anyway. In this video, I review some of the most commonly questioned provisions and why they should be kept anyway, including the one BIG overriding reason.

For the video version on YouTube, go here: https://youtu.be/TwsdiAccKRg

Help us keep getting good information out there by subscribing to the YouTube channel here: https://youtube.com/nclawyer?sub_confirmation=1

I'm Moving States... Is My Trust Still Good? The Documents You MUST Redo

I’m Moving States… Is My Trust Still Good? The Documents You MUST Redo

I get this question all the time when clients move to my state, or when my clients are moving to other states. “Is my trust still good?” The question really is “Do I need to update my estate plan?” In this video, I cover the checklist process in reviewing whether or not a revocable living trust is just fine, needs a tune up, or should be scrapped and redone altogether. Plus, I review the documents that absolutely MUST be redone when moving to another state.

For the video version, check it out on YouTube here: https://youtu.be/K-qm4wZrNBo

Who Should Be Your Trustee? And One Thing You Should NEVER Do!

One of the most important estate planning items on your checklist is choosing the right trustees to handle things if you become incapacitated or pass on. But how do you go about choosing them? Should you pick an attorney? Your children? Your best friend? In this podcast, I go through the basic decision-making framework as well as cover the one thing you should NEVER do.

For the video version, please go to https://youtu.be/vyYzYU8_lIk  

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Car “Accident” Leads to $TD Case and $5.2 Million Bill to Car Insurance Company

The media loves a sensationalized story, especially once that gets people angry enough to share and comment on social media. When a woman won $5.2 million from car insurance company GEICO because she contracted an STD in the backseat of one of their insured vehicles, the Internet went wild. Cries of a judicial system run amok, activist judges needing to be fired, and runaway juries doing stupid things started being screamed from the comment sections. But what REALLY happened?

This was not about activist judges, runaway juries, or a messed up judicial system, but instead it was about binding arbitration and what happens when a company neglects to put on a real case when it needed to.

Original Article: https://www.theguardian.com/us-news/2022/jun/10/geico-woman-std-car-insurance-company-must-pay

For the video version, please go to https://youtu.be/vyYzYU8_lIk  

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#lawsuit #arbitration #caraccident

The Kate Moss Moment Explained

It’s spreading across the Internet that Amber Heard “blew it” when she had her Kate Moss moment, and it really boosted Johnny Depp’s case. But why? In this podcast, I review this critical moment and what it actually means.

VIDEO PLAYLISTS

Estate Planning Playlist: https://youtube.com/playlist?list=PLrrVKQBBVofrcWCdiJhvVyT-3FP9g4oc6

Medicaid Planning Playlist: https://youtube.com/playlist?list=PLrrVKQBBVofo-p9kCyJoGnW8DNQ8Vd58K

Special Needs Estate Planning Playlist: https://youtube.com/playlist?list=PLrrVKQBBVofpebbVuL0dFey2ehaGy40Et

Professional Series Playlist: https://youtube.com/playlist?list=PLrrVKQBBVofoXPNgR_-6Nxdw08hdX0qih

Financial and Insurance Planning Playlist: https://youtube.com/playlist?list=PLrrVKQBBVofqPOeJ6HYqSmjoc6DXltsWl

 

COURSES, PROGRAMS, AND WEBINARS

Special Needs Planning Webinar.  FREE WEBINAR. There are very few areas of estate planning more fraught with risk than trying to plan an inheritance for a special needs beneficiary… if you don’t know the basics. In this free webinar, I go through the myths, goals, and proper techniques in estate planning for a beneficiary with special needs. http://www.specialneedsplanningwebinar.com.

Trust Funding Webinar.  FREE WEBINAR.  It’s not enough to just have a revocable living trust and not ensure that your assets are coordinated with it to avoid probate. It’s like having the world’s best suitcase for your dream vacation, but failing to pack everything you need. In this webinar, I break down the biggest “trust funding fails” I have seen in my legal career. Trust funding doesn’t have to be a complicated mess when you know the basics and reasoning behind the different techniques. http://www.trustfundingwebinar.com.

Medicaid Planning Webinar.  FREE WEBINAR.  When it comes to Medicaid Planning, there is little room for mistakes and hardly no forgiveness for incorrect moves (at least without expensive court intervention). In this free webinar, I review the ten biggest Medicaid Planning mistakes people make. http://www.medicaidplanningwebinar.com.

Estate Crash Course.  What is probate? What’s the difference between a Will and a Revocable Living Trust? What are the big decisions I need to make? There’s a lot of information, misinformation, and folk remedies out there, but I cut through all of that to explain the basics of estate planning in plain English, long before you step foot into the attorney’s office to work on your specific goals and objectives. http://www.estatecrashcourse.com.

VA Pension Crash Course.  One of the least known, least utilized benefits available to senior veterans is the Veterans Pension Benefit. This course reviews the ins and outs of the benefit, who it is meant to help, and the all-important four big tests to qualify. http://www.vapensioncrashcourse.com.

The Six Keys to Successfully Planning Your Estate.  Get organized in planning your estate through this FREE REPORT before you start spending hundreds of dollars an hour with an attorney. http://www.sixkeysreport.com

 

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