Estate Planning

For when you need help talking about the elephant in the room

Estate planning is not all about who gets your stuff when you pass away. Estate planning should include a plan to take care of you during your lifetime. Once an individual turns 18 years old, the parents are no longer legally able to make certain decisions (financial and medical) for the adult. Therefore, estate planning is crucial for adults of all ages.

Your estate planning should include the following essential documents: General Durable Power of Attorney, Health Care Power of Attorney, HIPAA Authorization, Advance Directive for Health Care, Personal Property Memorandum, Will, (potentially a) Trust, and a home for all of your assets.

People think about distributing their property in two ways when they pass away: a Will or a Trust. However, people often confuse the difference between the two or confuse which one they may need for their situation. Your Will does not keep your estate out of probate; it simply acts as a guide for the court during the probate process. Although a Will must be probated in court, there are ways to avoid the probate process, and we would love to help you accomplish that!

On the other hand, a Trust works like a binding contract and allows you to appoint people to manage your assets in the event you are unable. The person(s) you appoint to be your Trustee (manager) should be someone you trust because, unlike a probate, there is no court supervision over this individual.

It may seem like a lot to consider when deciding between a Will and a Trust, but Alleman Law is up for the challenge, and we want to assist you in finding the best home for all of your assets!

Probate

For when every asset did NOT have a home!

Probate is the court process of distributing property when one passes away with only a will or no estate planning at all. If you own real estate when you pass away – or when both you and the joint tenant have passed away, if you own it in joint tenancy – then the estate will go through probate. Probate can be a lengthy and complicated process, even if everything goes as planned.

However, there are rules that allow heirs to avoid going through the probate process on specific assets depending on the facts. We can help you find the best plan to transfer assets to the heirs of your loved one’s estate. But if you find that a family member has an asset that must go through probate, Alleman Law is here to make the probate process as simple as possible.

Elder Law

For when you need to discuss life issues that go beyond routine estate planning

Elder Law encompasses many different practice areas, including estate planning, Medicaid planning, disability planning, long-term care planning, and guardianships. At Alleman Law we approach these issues with compassion and understanding of each client’s individual situation so that we can find the best solution for every client’s needs.
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The area of Elder Law is on the rise and becoming an increasing topic of discussion in today’s society. With knowledge in this area we aid the aging population and people of all ages with special needs.

Guardianship

For when a loved one needs a little help from family and friends

A guardianship is the court procedure for appointing a Guardian to care for the health and/or finances of an incapacitated individual. A Guardian can be placed in charge of the person’s property, the individual’s person, or both. The court monitors the guardian to ensure he or she is looking out for the best interest of the incapacitated individual. If you think your loved one may be in need of a guardianship, Alleman Law is here to help assess all of your options to find the best course of action for your situation. We’ll help walk you through the guardianship process and understand your responsibilities as a Guardian.
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Proper planning, however, can help attempt to avoid the necessity of having to go to court in order to get a guardianship over someone else. Call us at (405) 252-0472 to discuss ways to avoid this court process.

Pet Trusts

For when life gets a little ruff

Who will care for your beloved animals if you are unable to care for them yourself? With the benefit of having a pet trust, you can provide for your animals if something happens to you. Select a close friend who thinks of herself as your pet’s Paw-rent to watch over your fur baby so you know they are being pampered.

Special Needs Trusts

For when you want to prepare for your child’s future

Individuals with disabilities often receive governmental assistance to maintain their quality of life. A Special Needs Trust or a Supplemental Needs Trust can be used to supplement (but not replace) those government benefits. Establishing a trust can mean the difference between your loved one maintaining their benefits or disqualifying them from their benefits. The costs are too high to not plan ahead.

Prenuptial Agreements

For when you want to keep your beach house

Prenuptial agreements are good for a number of reasons, such as helping protect family wealth or family businesses or opening the conversation for couples to discuss finances. However, talking about a prenuptial agreement with your significant other can be a difficult conversation to have. Chantelle and Stephanie can represent you in negotiating your prenuptial agreement to ensure you feel confident before going into the signing and marriage.

Trust Administration

For when your sister is blowing up your phone demanding her inheritance

Has a family member or friend nominated you to be the Trustee of his or her Trust? If so, are you wanting to fulfill your duties to the best of your abilities and seek guidance to ensure you are doing it correctly? Then give us a call so that together we can make sure you are properly performing your role as Trustee and following the Trustmaker’s wishes and commands.
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Additionally, we are here to assist in selecting the correct line up of backup Trustees. It might be the best option not to have a family member serve as the Trustee of your Trust so that family dynamics do not become part of the equation. At Alleman Law, we are here to help discuss all of your options when it comes to selecting a Trustee.

Medicaid Planning

For when you need help navigating the sea of long-term care

Do you or a loved one need to qualify for Medicaid? Or are you close to qualifying but need help in the spend-down or planning process? We can help with that! With years of training, we have familiarized ourselves with the rules and procedures on how to properly plan for Medicaid, including crisis planning.

In order to qualify for Medicaid, an individual must meet certain requirements, including income and resources limits. If the person does not meet these required limits, a spend-down of the person’s assets may need to take place in order to qualify. However, with the proper, early planning, you can help protect certain assets. Alleman Law can help determine a plan that is best for you to qualify. We are here to empower you and not impoverish you.