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ELDER LAW ATTORNEY

PROTECT YOUR LEGACY WITH EXPERT LEGAL GUIDANCE

At A. R. Pike Law Firm, our elder law practice is dedicated to guiding seniors and their families through the complex legal issues that arise with aging. Whether you're planning for long-term care, navigating Medicaid eligibility, establishing guardianship, or protecting hard-earned assets, our elder law attorney provides compassionate, knowledgeable support tailored to your unique needs. We understand the importance of preserving dignity, independence, and financial security in every stage of life.

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OUR ELDER LAW SERVICES TIERS:

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Tier One: The Essentials 

INCLUDES: 

  • Will 

  • Financial Power of Attorney 

  • Medical Power of Attorney / Advance Directive 

  • HIPAA Authorization 

  • Agent for Disposition of Remains 

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Tier Two: Trust-Based Planning 

INCLUDES ALL OF TIER ONE, PLUS: 

  • Custom Revocable Living Trust 

  • Pour-Over Will 

  • Trust Funding Guidance 

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Tier Three: Medicaid & LTC Planning 

INCLUDES ALL OF TIER ONE, PLUS: 

  • Medicaid Asset Protection Trust 

  • Real Estate Transfers 

  • Asset Inventory & Strategy 

  • Look-back Compliance 

  • First-Year Asset Review 

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Tier Four: Generational Planning 

INCLUDES ALL OF TIER ONE, PLUS ONE OR MORE OF THE FOLLOWING: 

  • Dynasty Trusts 

  • ILITs 

  • Family Limited Partnerships 

  • Charitable Trusts 

  • Coordination with Advisors 

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Add-On to Any Tier: Business Planning 

Business planning is so entwined with estate planning and elder law that you should always seek the assistance of a professional with extensive experience in these areas. The A. R. Pike Law Firm team has the resources, skills, and experience needed to guide you in these areas, as well: 

  • LLC, C-Corp, or Business Trust Formation 

  • Operating Agreement / Bylaws 

  • EIN Application (and “S” tax election) 

  • Business Succession Planning 

  • Corporate records 

  • Small business mergers and acquisitions 

  • Business structuring for rental properties for maximum asset protection, and much more 

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Add-On to Any Tier: Annual Maintenance & General Counsel Subscription 

Ideal For: Clients with active trusts, complex business arrangements, or long-term planning needs. 

INCLUDES: 

  • Annual Review & Update of Estate Planning Documents 

  • One Annual Strategy Meeting (in-person or virtual) 

  • Unlimited Email Support (non-litigation) 

  • Updated Powers of Attorney and Healthcare Directives as Needed 

  • Entity Compliance Services (Annual Reports, Virginia Registered Agent Services, etc.) 

  • Discounts on Future Document Revisions or New Planning Needs

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DO I NEED AN ELDER LAW ATTORNEY?

If you or a loved one are facing legal concerns related to aging—such as planning for long-term care, qualifying for Medicaid, creating a comprehensive estate plan, or protecting assets—an elder law attorney can be an invaluable resource. Elder law focuses on the unique needs of seniors and their families, helping to ensure your wishes are honored, your finances are protected, and your legal affairs are in order. Whether you're planning ahead or responding to a sudden change in health, working with an experienced elder law attorney can give you peace of mind and help you make confident, informed decisions.

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WHAT IS ESTATE PLANNING?

A properly-planned estate, tailored to your specific needs and goals, can accomplish many things, such as:  

  • Have your estate bypass or avoid probate 

  • Maintain your and your family’s privacy 

  • Shelter your assets from creditors, including Medicaid Estate Recovery 

  • Help you to qualify for Medicaid LTC benefits 

  • Provide instructions to your Executor in valuing and liquidating your businesses 

  • Ensure that you leave a lasting legacy

WILL DRAFTING

INITIAL CONSULTATION: UNDERSTANDING YOUR ESTATE PLANNING GOALS

Our journey together begins with an initial consultation. This crucial first step allows us to understand your specific estate planning goals, concerns, and the unique dynamics of your family and assets. During this meeting, we encourage you to ask questions and express any preferences or concerns you have about your estate plan. Our goal is to listen and provide clear, understandable answers that demystify the estate planning process.

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TAILORED ESTATE PLANNING STRATEGY: CRAFTING YOUR WILL

Following our initial consultation, our experienced attorneys will work closely with you to develop a tailored estate planning strategy. This strategy will include drafting a will that reflects your wishes for the distribution of your assets, the care of any minor children, and any specific legacy instructions you wish to leave behind. We utilize our extensive knowledge of state laws and tax implications to ensure your will is both comprehensive and legally sound.

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REVIEW AND REVISION: ENSURING YOUR COMPLETE SATISFACTION

Once a draft of your will is prepared, we'll invite you to review it with us. This step is crucial for ensuring that every detail aligns with your wishes and that you fully understand the implications of each decision within your will. We are committed to your complete satisfaction and peace of mind, which means we are open to making any necessary revisions until you are confident that your estate plan reflects your desires accurately.

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FINALIZATION AND SECURE STORAGE: PROCTECTING YOUR LEGACY

After you have approved the final draft of your will, we will assist you with the formalities required to legalize the document, including witnessing and notarization as required by law. Additionally, we will advise you on the best way to store this important document to protect it during your life, while ensuring your loved ones can access it when needed.

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SCHEDULE YOUR CONSULTATION TODAY

When we initially meet with you, we will discuss your legal goals to give you a better understanding of your situation and how you can exercise your legal options.

 

Call now to get started.

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ONGOING SUPPORT AND UPDATES: ADAPTING TO LIFE'S CHANGES

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We understand that life's circumstances change, and so too might your estate planning needs. We are committed to providing ongoing support and advice, offering services to update your will and estate plan as your life evolves—be it through the addition of family members, significant asset changes, or other life events.

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LYNCHBURG TRUSTS LAWYER

WHAT IS A TRUST?

A trust is like a legal container where someone, known as the "grantor," can place their money, property, or other valuable things for safekeeping. This container is managed by another person or an organization, called the "trustee," who makes sure everything in the trust is used exactly how the grantor wants. The people who eventually get something from the trust, whether it's money, property, or other benefits, are called "beneficiaries."

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The main reason someone would create a trust is to make sure their belongings are taken care of and given to the right people at the right time, according to their wishes. For example, a parent might set up a trust to ensure their child gets money for college when they turn 18. Trusts are also useful for keeping things private and out of court, unlike what happens with a will during a process called "probate," where a court decides how to distribute someone's belongings after they die.

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There are two main types of trusts: "revocable" and "irrevocable." A revocable trust can be changed or canceled by the grantor anytime they want, giving them flexibility. An irrevocable trust, once it's set up, can't be changed or taken back, which might sound limiting but can actually protect the assets from being taken by creditors or reduce taxes owed when the grantor passes away.

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Trusts are a smart way to manage and protect assets because they ensure that the grantor's instructions are followed, help avoid unnecessary costs and delays, and can keep personal matters private. By setting up a trust, individuals can have peace of mind knowing their belongings and loved ones are taken care of according to their wishes.

 

Schedule your consultation by calling or contacting us online.

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WHY SOME PEOPLE NEED TRUSTS.

Asset Protection and Management: Trusts can protect assets from creditors, lawsuits, and probate. They allow for the efficient management and transfer of assets, ensuring that your wealth is preserved and used according to your wishes.

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Avoiding Probate: Assets held in a trust bypass the probate process, allowing for a quicker, more private transfer of assets to beneficiaries. This can save time, reduce legal fees, and maintain the privacy of your estate.

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Tax Benefits: Certain types of trusts can reduce estate taxes, offering financial benefits to the trustor and beneficiaries.

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Caring for Loved Ones: Trusts can ensure that minor children, disabled family members, or other dependents are cared for according to your wishes, with financial resources managed responsibly on their behalf.

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Flexibility and Control: Trusts offer flexibility and control over how and when your assets are distributed to beneficiaries. You can specify conditions or milestones that beneficiaries must meet before they can access their inheritance.

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ESTABLISHING A TRUST: HOW WE CAN HELP

our experienced estate planning attorneys can guide you through the process of establishing a trust that aligns with your goals and needs. We provide personalized advice, taking into account your financial situation, family dynamics, and future objectives to create a trust that offers the maximum benefit to you and your loved ones.

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COMMON TRUST QUESTIONS AND ANSWERS

WHAT IS THE DIFFERENCE BETWEEN A WILL AND A TRUST?

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A will is a legal document that outlines how you want your assets distributed after your death and can appoint a guardian for minor children. A trust, on the other hand, allows you to create a separate legal entity to hold your assets, which can be distributed to your beneficiaries according to the rules you set, both during your life and after your death. Trusts can help avoid probate, provide privacy, and manage assets for beneficiaries who might not be ready to handle an inheritance on their own.

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HOW OFTEN SHOULD I UPDATE MY ESTATE PLAN?

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It's advisable to review and possibly update your estate plan every three to five years or after any significant life event, such as marriage, divorce, the birth of a child, the acquisition of significant assets, or the death of a beneficiary or executor. Changes in laws affecting your estate plan also necessitate a review.

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CAN I WRITE MY OWN WILL OR TRUST?

While it's technically possible to create your own will or trust using online tools or templates, it's generally not recommended. Estate laws can be complex and vary significantly by state. An experienced Lynchburg estate planning attorney can ensure your documents are legally valid in Virginia, accurately reflect your wishes, and provide the best protection for your assets and beneficiaries.

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WHAT INFORMATION DO I NEED TO BRING TO AN ESTATE PLANNING MEETING?

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Prepare a list of your assets (including real estate, bank accounts, investments, and valuable personal property), liabilities (such as mortgages and other debts), insurance policies, and any current estate planning documents you have. Also, think about who you would like to appoint as your executor, trustee, guardian for your children, and powers of attorney. Having a clear idea of your financial situation and how you wish your estate to be handled can make the estate planning process smoother.

These questions cover the basics, but every individual's situation is unique. An estate planning attorney can provide guidance tailored to your specific needs and goals.

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