I am a widow with little assets except my unmortgaged home in Florida. I have one adult child not living in my home. How can I protect my daughter and myself from having a lien placed on my home if I were unable to meet my financial obligations such as medical expenses. I am uninsured and 62 years old presently
Estate Planning Attorney
Doing your own legal work - especially where you are concerned about losing your home to the cost of long-term medical care - is not a good way to protect your assets. I'd suggest a free consultation with an Elder Law attorney. There are a number of very reasonably price legal professionals who can help you. See Avvo.Com under Find-A-Lawyer. Good Luck!
6 lawyers agree
I agree with Mr. Potter. In addition, you are looking for protection from creditors and potential government reimbursement claims. Your situation is not as simple as you think and doing it yourself may wind up costing your daughter a lot more.
Consult a local Elder Law attorney.
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5 lawyers agree
Estate Planning Attorney
No, you should not consider doing it yourself. You should confer with a trusts and estates attorney about your situation and see what might be the best solution. As long as your home is your homestead, it can be protected with the proper instrument. Without knowing more about your situation, your current health, your prospects for social security payments or SSDI, it is really impossible to give you accurate advice. Please, see an attorney and don't take a chance on doing something that may jeopardize your qualification for state or federal benefits when you need them most.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : email@example.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.
8 lawyers agree
I agree with my colleagues. Estate planning is not a do-it-yourself job. Your situation is not as simple as it may appear on the surface, and a trust may not accomplish what you are trying to do.
You should meet with an estate planning attorney who is experienced with elder law issues to get things in order.
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3 lawyers agree
Criminal Defense Attorney
You should seek legal counsel from a competent Estate Planning Attorney in your area. Your situation calls for an attorney who will pay far more attention to your specific legal needs than a "fill in the blanks" form from OfficeMax or Legalzoom. I would suggest that you seek out an attorney who is also a CPA, for you have multiple options, many of which if not all, have a number of tax implications.
4 lawyers agree
Estate Planning Attorney
Medical liens will not stop you from passing your house to your children but you should not attempt doing estate planning yourself.
A simple statement in a self made will by having your home sold could make the "cash" in your estate from the sale of home reachable by creditors.
You should trust the job of protecting your estate to an estate planning attorney.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
1 lawyer agrees