Should I consider preparing my own Irrevocable or Living Trust document on line?

Asked over 1 year ago - Leesburg, FL

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

Attorney answers (7)

  1. Carol Anne Johnson

    Contributor Level 18

    8

    Lawyers agree

    Answered . 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 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate,... more
  2. Michael Leo Potter

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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!

  3. Andrew Vincent Coviello Jr.

    Contributor Level 5

    4

    Lawyers agree

    Answered . 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. Charles Adam Shultz

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  5. Ruth Elaine McMahon

    Contributor Level 18

    2

    Lawyers agree

    Answered . absolutely not! One cannot rely on "online" documents to do what one would like them to do.

  6. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  7. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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