Estate Planning Attorney
Law Office of Evan Benjamin, LLC
Estate Planning 101
Estate planning can feel overwhelming, but the right guidance makes all the difference. This blog is designed to give you clear, practical, and trustworthy information straight from an experienced estate planning attorney. Each post breaks down important topics — from wills and trusts to powers of attorney, probate, asset protection, and family planning — so you can make informed decisions with confidence. Whether you’re planning ahead, updating an existing plan, or simply trying to understand your options, you’ll find valuable insights here that help protect your future and the people you care about.
WIll Or Trust
One of the most common estate‑planning questions is whether a trust agreement or a will is the better choice. The truth is: it depends. Wills work well for simpler estates and naming guardians for minor children, while trusts offer added benefits like avoiding probate, protecting privacy, shielding assets, and preserving eligibility for government assistance. The best way to know which tool fits your situation is to meet with a qualified estate‑planning attorney who can evaluate your financial, family, and business needs.
Medicaid Asset Protection Trusts & Qualified Income Trusts
A recent client couple, ages 74 and 78, asked whether they should replace their Joint Revocable Living Trust with a Joint Irrevocable Trust. In their case, creating a Medicaid Asset Protection Trust (MAPT) made sense because they are in good health and likely to outlast Medicaid’s five‑year look‑back period. By funding the MAPT now and later establishing a Qualified Income Trust (QIT), they can protect their assets, meet Medicaid eligibility rules, and preserve a meaningful inheritance for their loved ones instead of spending their life savings on long‑term care.
Revocable or Irrevocable Trust? That is the Question
One of the most important estate‑planning decisions is choosing between a revocable and an irrevocable trust. A revocable trust offers flexibility, probate avoidance, and privacy, while an irrevocable trust provides added benefits such as creditor protection, tax advantages, and potential eligibility for government benefits like Medicaid. This post explains how each trust works and why the right choice depends on your financial, family, and long‑term planning goals.
Using Living Trusts to Safeguard Your Legacy
A Living Trust is one of the most effective ways for parents to protect their legacy when a child struggles with overspending, addiction, or financial instability. With a properly drafted trust, parents can set conditions that must be met before a child receives distributions—such as attending treatment programs or demonstrating responsible financial habits. Parents can also name the trust as the beneficiary of their IRAs, allowing distributions to be delayed and managed for the child’s long‑term benefit.
Helping Loved Ones Through the Use of Special Needs Trusts
Helping Loved Ones Through Special Needs Trusts | Protect Benefits & Provide Support
A Special Needs Trust is one of the most effective tools for supporting a loved one with a disability without jeopardizing their eligibility for government benefits. This post explains how these trusts work, what expenses they can cover, and why they are essential for long‑term financial protection and quality of life.
The Power of Irrevocable Trusts
Irrevocable trusts are powerful estate‑planning tools that help protect assets, reduce tax exposure, and support long‑term financial security. This post explores how they work, why they matter, and the benefits they offer to individuals and families planning for the future.