The Nitwit’s Guide To Working With An Estate Planning Attorney

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Some people go see an estate planning attorney knowing that they "need to do something." But those same people often admit that they don't know enough to ask the right questions.
This post should help those people know what to expect when having that all-important first conversation with a potential estate attorney.
There are certain topics that are part of every estate planning conversation: Who gets your assets when you die? Who will you designate to handle that distribution? Who will handle your money when you become incapable? Who will make your medical decisions when you can't make your own. Do you want to make your declaration regarding life-sustaining procedures?
As the conversation goes to the next level, there will be discussions about: Do your heirs need management of their inheritance? Does your "middle class" estate need to be protected from long term care expenses? How can your estate be arranged to minimize the tax effect? Does there need to be a discussion about protecting your children's inheritance from their past, present, or future divorces?
For prospective law firm clients who want to schedule a free 15 minute initial phone call with Paul Rabalais, go to: go.oncehub.com/Paul8
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: [phone]

[@LTVoyager]

I am waiting on the video titled “How to know you are talking to a nitwit attorney.” That would be the most educational and useful video of all.

[@virginiamoss7045]

Yeah, it won't be an attorney that will tell you how to know. Forgive me; I have yet to have a positive interaction with a lawyer and I'm 75 years old.

[@LTVoyager]

@@virginiamoss7045 I have had a few, but these were mostly with patent attorneys.

[@AlumniQuad]

<a href="#" class="seekto" data-time="488">8:08</a> Who gets the things you leave behind (equal, percentages, grandchildren, specific assets to particular people)? <a href="#" class="seekto" data-time="545">9:05</a> Who should serve as executor or trustee? <a href="#" class="seekto" data-time="584">9:44</a> Who to handle medical decisions when you are incapacitated? (medical power of attorney) <a href="#" class="seekto" data-time="610">10:10</a> Who is going to handle your money when you are incapacitated? (financial power of attorney) <a href="#" class="seekto" data-time="638">10:38</a> Passing property to surviving spouses? Use a trust? <a href="#" class="seekto" data-time="715">11:55</a> Do any heirs need inheritance managed? Leaving property to minors requires special handling. <a href="#" class="seekto" data-time="799">13:19</a> Avoiding tax, sheltering assets from assisted living expenses <a href="#" class="seekto" data-time="900">15:00</a> Divorce-proofing inheritances <a href="#" class="seekto" data-time="950">15:50</a> Use will or revocable living trust? Probate avoidance? <a href="#" class="seekto" data-time="1041">17:21</a> State what is most important to you (from above) <a href="#" class="seekto" data-time="1150">19:10</a> Save complicated issues for last (e.g., what happens if all named heirs pass away before will probated/trust assets distributed?)

[@dalenerussell195]

In a nutshell. Thanks.

[@SusieAspen]

My mom went to an attorney for a will. She kept insisting on putting her house in the will. She had her house in a recorded beneficiary deed. The reason for the attorney was to validate my statement that the beneficiary deed will invalidate the will, which only had her house in it. At the end of her time with the attorney, they called me and put me on speaker. The attorney said he didn't know about such things about the deed, and drew up a will for her and charged her about $1000 for filling in a form that included wrong first names of heirs! The attorney was informed that his bill would not be paid in lieu of not reporting him to the bar. The daughters ended up sharing the house through the beneficiary deed in the end.

[@jannarkiewicz633]

You cannot threaten. Very legally dangerous.

[@virginiamoss7045]

To go in unprepared makes you a mark for being taken advantage of. They will have you paying for lots of stuff you don't need because you won't know any different. I'm sure there are a few lawyers out there who would not take advantage, but how does anyone know? Be in a position to advocate for yourself. This is true for most professionals you pay money to.

[@michelinelavoie2086]

I wish you were in Florida so we could go see you.

[@callahanheatherb]

Thanks very very much for all your videos. So helpful to a concerned daughter and caregiver worried about taking best care of my folks.

[@dianearrington6666]

I need to go to court first to have my portfolio’s assets unfrozen.

[@michelejones2754]

I just happened to come across your videos. They are super helpful. Thank you so much!

[@HellaBella]

Awesome info! I am 27 but I have paid off my home and have some cash in the bank. I am not married, so I guess I will leave everything to my mom in the event of my demise. She worked hard to give me a great life and it’s her I owe everything to. In the event I get married I will change my estate planning to reflect my spouse as beneficiary. I got overwhelmed after reading about wills and trusts. I am in north Alabama and really think I just need some basics done. Thanks for the no nonsense guide. Just subscribed to your channel.

[@jannarkiewicz633]

If you've paid off your house -- you'll have a line of stable great guys :-) Trust me... Too many women with 50K of credit card debt out there.

[@bobwest6174]

I sure wish you were here in central Texas! Great videos, thank you

[@marystilwell7418]

Excellent info...being prepared going in most probably contributes to a better working relationship...thanks.

[@americasestateplanninglawy1946]

Well said MS 😎

[@daquytx8139]

Thank you so much for this video.

[@gracerodgers8952]

Even though I can write my will on a post-it at this point, I still found this helpful.

[@dorothyellis2312]

Thank you!

[@jannarkiewicz633]

I'm paying attention. I need to prep for our 1 hour meeting :-) Give me time to get it right.

[@rodneyrubright2618]

Great Video!

[@rosemariealmero1214]

Hi Mr. Rabelais, I would like to know that when I die, and my mortgage isn’t fully paid , what can I do now so my children will know what to do to keep the house?

[@ronaldreisner513]

good info as usual. thanks

[@americasestateplanninglawy1946]

Good to hear RR 👍

[@justjacqueline2004]

A real wake up call to me,thanks.

[@americasestateplanninglawy1946]

Hope it helped M des S 👍

[@ABab-jf2jb]

Thanks for the videos, very educational. We have no children. Can you cover topics on childless people? Thanks

[@virginiamoss7045]

Also, on orphan elders with no family or younger friends or anyone to trust.

[@dalenerussell195]

Thank you.

[@m109rider1956]

My independent thinking widowed mom-in-law has recently announced to her two children, (my sweet wife & her brother) that her debt-free property has been deeded to them equally, so it is not going to be "anything they need to worry about." A local atty who updated her will did this. We live in Ga so it's not like driving downtown in her sleepy Oklahoma town to his office in the morning. Recording her deed - making children owners - doesn't this unwittingly create for them a step-up in basis upon mom's death? It's beautiful residence lake property, likely 400k plus conservatively. No debt-Low basis. They built w/ cash in the late 80's. She announced nothing else changed & all is the same. Translation: Everything else she owns is in mom's name = Hello probate! The LRT is essential to prevent my wife (& her brother) the certainty of probate. Her mom is 83 & the knucklehead atty, in my opinion, just sees this as a will-based planning solution,. Q? Can titling the deed now INTO a LRT, getting the property OUT of the children's names, solve the step-up in basis she inadvertently has created? I wonder how many good-hearted folk have made decisions to solve a problem but unknowingly stepped into landmine of an unintended consequence? Enjoy each of your videos! Maybe worth a discussion?

[@HB-yq8gy]

Sounds like you know more than Nitwit's attorney.

[@vincentchaffee]

Nice shirt!

[@alicia2885]

Hello, thanks for your help! A lawyer sent us a form of many pages asking personal details without meeting us, previous to the meeting. I do not like this aproach. I think we will not go with that attorney? Thanks! Ali

[@CraigMcDonald1234]

Thank you Mr.Rabalais for your 360+ videos; I think I'm on about #60.

[@georgestreng]

Every “grown-up” in Peanuts spoke that way.

[@allstatemademehomele]

How familiar are you with a S. Dakota Trust? The advantage of having your Trust where the jurisdiction is in S. Dakota know matter what state you reside in.

[@Uainebmd]

I always say everyone is normal until you get to know them. :D

[@SniperLogic]

If you’re unsure what you’re net worth is from day to day because of investments and seesaw markets, leave percentages.

[@dennisjager4255]

Thanks for the information. Understandable, informative, free.... Are you sure that you are an attorney??

[@SniperLogic]

After 29 years he’s probably mostly retired and just giving back a bit with these vids. Good on him, aye?

[@evelynporter6349]

He makes money on KZbin based on subscribers and how many views he receives.

[@michelinelavoie2086]

This is what most people know about estate planning.......

[@slimdawgwoof]

Slammed the like.

[@americasestateplanninglawy1946]

Could hear the smash from here 👊

[@eclairtreo]

Me too! And new sub here.

[@gcraig0001]

I like the information you present, but with all due respect I find the presentations to be much too wordy, such that each presentation could probably be cut by half or even more.

[@virginiamoss7045]

And to speak more slowly would help. Still, it better than reading from a script.

[@williamhusseyjr1143]

<a href="#" class="seekto" data-time="185">3:05</a>

[@williamhusseyjr1143]

All jokes aside. Your videos have educated me far and beyond what I expected any online research ever could - my father passed away only weeks ago. My half sister , like myself, is an alternate beneficiary to ALL assets if the primary beneficiary predeceased our father. Well - she didn't. This person is expected to 'disperse' in equal portions however is under no obligation to do so. Your videos on the Probate process and ALL different scenarios associated with the matter has me binge watching -

[@michelinelavoie2086]

Children...we have a problem with that as there are children on both sides......

[@2901nc]

All the more reason to have a discussion with an estate planning attorney! And then a good discussion with children about what your wishes are. And listen to their concerns.

[@stephenhines2795]

Are u ok have not seen u in a while

[@hoihoover929]

I am a widow. I don't have any children. My siblings are scattered around the world. My problem is I don't have any body I can trust. Am I cynical? YES.

[@virginiamoss7045]

Same here. We are what they are calling orphan elders and there are a whole lot of us. Even if we have trusted friends, they are all our age and likely to pass before us. With the younger generation often opting to have no children, there will be much more of this problem to come. So far I have found no answers.

[@slickdog2100]

You should change the name of this video. The people who need to hear it won't click because of the title.

[@loreneRa]

Just a suggestion: If there were less stories and more content you’d have more time to touch upon the pros and cons of Wills vs Trusts.

[@lukemuir1443]

You have great imformation! I can hardly listen because you repeat the same thing for over and over. How many different ways can u say it,I feel like a child or you think we are stupid!

[@heeaekim1]

So not. Ice of you sayi g. When something is important you have to say over and over.

[@virginiamoss7045]

Speak for yourself; sorry you take this as talking down to you. This is complex information; just like learning anything, repetition is the way it goes in and stays in. I wish he might speak more slowly; you might think he speaks too slow. Remember, it's free information; appreciate that.

[@dks13827]

I am a nitwit and you have offended me !!!! Not !!!!

[@americasestateplanninglawy1946]

😂

[@Hello-yo3zo]

We’re unable to get rid of our deeded timeshare. How can we avoid our grown children from inheriting it because it’s actually a liability and not an asset is what we realized. Should we include it in our will or trust at all to clearly state that they shall NOT inherit the timeshare?

[@rhondalewis4519]

I'm in the same situation , help