{"id":355775,"date":"2022-10-11T12:42:01","date_gmt":"2022-10-11T17:42:01","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/elder\/what-is-elder-law\/elder-law-faq-s.html"},"modified":"2024-01-16T11:25:56","modified_gmt":"2024-01-16T16:25:56","slug":"elder-law-faq-s","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/elder\/what-is-elder-law\/elder-law-faq-s.html","title":{"rendered":"Elder Law and Estate Planning: FAQ"},"content":{"rendered":"\n
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Elder Law and Estate Planning: FAQ<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

One of the largest areas of law within elder law is estate planning. This article covers some frequently asked estate planning questions and provides helpful links to dig deeper into each topic.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

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One of the largest areas of law within elder law is estate planning. This article covers some frequently asked questions about elder law and provides helpful links to dig deeper into each topic.<\/p>\r\n

Elder law, formerly referred to as older adult law, is a general term for all the laws that protect older adults or vulnerable adults. These laws and policies are put in place by the federal or state government to help protect their rights.<\/p>\r\n

Legal issues for older adults can happen at nursing homes, assisted living facilities, hospitals, home with loved ones or caregivers, or public spaces. There is no place where elder abuse, or abuse of their legal rights, is acceptable.<\/p>\r\n

What is a will?<\/h2>\r\n

A will is a legal document<\/a> explaining how you want your property distributed after your death. They are administered through probate court to ensure your debts are paid, including taxes, and your assets are allocated to your beneficiaries according to your wishes.<\/p>\r\n

An attorney can help you make a will, or you have the option to DIY a will<\/a>.<\/p>\r\n

What is a living trust?<\/h2>\r\n

A living trust<\/a>, sometimes called an "inter vivos" trust, is a document covering the administration of your affairs. This document can apply under these circumstances:<\/p>\r\n