An elder law attorney primarily assists seniors and their families with legal issues related to aging, such as health care, long-term care, and Medicaid, along with exploring other government and non-government solutions for elder care. They concentrate on improving the elder's quality of life and financial security.

An estate planning attorney aids individuals of any age in planning the management and distribution of their estate after death. This includes crafting wills, trusts, and devising tax strategies to ensure assets are transferred according to the person's desires.

Generally, for most individuals, having over $2,000 in assets might affect eligibility for Medicaid. However, it's important to note that not all assets are counted towards this limit. Certain assets like your primary home, a vehicle, household goods, and personal effects are often exempt. Additionally, the rules can be different for specific groups, such as elderly or disabled individuals.

No. A living trust can help avoid probate, offering direct asset transfer to beneficiaries and maintaining privacy. It allows you to specify how and when assets are distributed, which is especially useful for minors or special needs beneficiaries. However, for the person who creates the trust, a revocable living trust generally does not protect against personal creditors.

Probate is a legal process for distributing a deceased person's estate, which can be lengthy and involve validating their will and settling debts. To avoid this potentially time-consuming process, consider creating a trust, where assets are transferred directly to beneficiaries. Designating beneficiaries on financial accounts, owning property jointly, and using Transfer-on-Death (TOD) and Payable-on-Death (POD) designations can also help bypass probate.

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