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

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. 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!

  2. 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 given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

  3. 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 : : 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.

  4. 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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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

  6. 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.

  7. 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.

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