I’m not rich, or old, do I really need an estate plan?

Yes, you do. No matter what you have or how young you are, you need an estate plan. An estate plan is more than just a Will. It also includes direction on how to provide for your care if you are alive and unable to do so yourself. Nobody is immune to accidents or early onset of disease, and there is no age where you are death-proof. Estate planning is something you do to protect you and your loved ones if something goes wrong, and there is no set time or place that could happen.

I have three children. One of the three is far less well off financially than her brothers. Can I leave her more in my Will than I leave my other two children?

Yes. There are really no limits to how you can dispose of your property through a Will. If you wish to leave one of your children more than the others, that is fine. If you wanted to leave one or more of your children out of your Will altogether, that is fine as well. Generally speaking, you are allowed to give what you wish to who you wish.

I’m worried that I may have to enter into a nursing home at some point and do not want the state to take my home, what can I do to protect my house?

The answer to that question depends on your individual circumstance. Depending on how likely it is that you’ll need a nursing home, when you need it, why you want to preserve your home, or who you would like to have your home when you’ve passed away, the answers can be complex. If not done correctly, you may be causing yourself and loved one bigger problems than you are solving. Do not transfer the title to your home without consulting a professional.

My mother has dementia and no longer can make decisions on her own. She does not have any Power of Attorney documents. Is there anything that can be done to help her?

Yes. When you have a loved one who needs another person to step in and make decisions for them but does not have the proper documents to do so, you may ask the Court to place your loved one under a Guardianship. A guardianship allows someone to step in and make either financial or healthcare decisions (or both) for your loved one. The process is a legal matter, and you must get the Court’s approval in order to act a Guardian for another person. The Court also oversees the Guardianship, meaning that there are reporting requirements as well.

My father wrote a Will that leaves everything to his new girlfriend and nothing to his family. Can we challenge the Will?

Possibly. You cannot successfully challenge a Will just because you do not like what it says. Similarly, you cannot successfully challenge a Will just because a loved one did not include you in it. However, you may challenge a Will on the grounds of either lack of capacity (the person making the Will did have the mental faculties to do so) or undue influence (someone convinced the person making the Will to make dispositions they would not have made on their own). The question of success depends on many facts, but if a Will seems to be out of character for the person who made it, it can be challenged.

I’m worried that my parents may be giving money to scammers. Every time I ask them about it they get mad at me. I don’t want to pry into their business, but I am scared that they will lose everything. What can I do to help them?

First and foremost, make sure that you understand that generally speaking, the last person who is aware that they are being scammed is the victim. As a loved one, you have to balance your parents privacy with their safety. There are obvious signs sometimes that someone is being exploited. However, a lot of the same warning signs can also be signs that your parents just don’t want you prying into their affairs. Pay careful attention to what your parents are doing, and do not be afraid to ask uncomfortable questions if necessary. It’s better that they are mad at you in the short term, but safe in the long term, than the other way around. If you discover that they are being exploited, consult with an elder law attorney immediately.