Estate Planning

Estate Planning

  • Wills: We prepare simple wills for clients, as well as pour-over wills, which are wills which are designed to work in unison with a living trust. We also prepare wills with guardianship provisions for our clients’ minor children.
  • Revocable Living Trusts: We prepare living trusts and advise our clients on how to properly fund their trusts in other to avoid the necessity of a probate administration on the death of our client.
  • Financial Powers of Attorney: We prepare financial powers of attorney, which allow a client to designate a person or persons to manage their financial affairs in the event they become incapacitated.
  • Health Care Powers of Attorney/Medical Directives: We prepare health care powers of attorney, which allow a client to designate a person or persons to make medical decisions on their behalf in the event they are unable to express their wishes with regard to health care.

Elder Law/Planning for Incapacity

A well-prepared estate plan takes into consideration the possibility of your subsequent incapacity.  Trusts, durable financial and health care powers of attorney serve to protect you against subsequent incapacity. If you have a family member who is incapacitated due to advanced age, illness or dementia, we can advise you on elder law issues, including your responsibilities as successor trustee of a trust or as an agent under a power of attorney.

Medicaid and Long-Term Care Planning

Medicaid and long-term care planning are of particular concern as baby boomers age; here in Missouri, the age group comprised of those 65 and over is expected to grow by 42 percent by the year 2020.

Medicaid planning is a highly complex area that is ever-evolving.  Lindhorst Law Firm advises clients regarding long-term care planning and Medicaid eligibility.

Special Needs Trusts

The primary purpose of a special needs trust is to ensure continued government benefits for a disabled beneficiary. Usually these benefits have strict income limits, therefore if the person receives a sizeable verdict, settlement, or inheritance, they risk losing their benefits. Benefits with these limits include Supplemental Security Income (“SSI”) and Medicaid.

Charitable Planning

If you have charitable inclinations, or if you are contemplating the sale of an asset with a relatively low cost basis and would like to minimize the capital gains tax consequences of the sale, we can advise you of your options and assist you with the preparation of a Charitable Lead Trust (CLT), Charitable Remainder Trust (CRT), or a Private Foundation.  We work with your other trusted advisors, such as your accountant and financial advisor, in formulating a strategy that meets your objectives while maximizing the potential tax benefit.

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