{"id":7445,"date":"2026-05-10T08:57:28","date_gmt":"2026-05-10T12:57:28","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=7445"},"modified":"2026-05-10T08:57:30","modified_gmt":"2026-05-10T12:57:30","slug":"estate-planning-elder-law-which-do-you-need","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/estate-planning-elder-law-which-do-you-need\/","title":{"rendered":"Estate Planning? Elder Law? Which Do You Need?"},"content":{"rendered":"\n
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Estate planning focuses on what happens with everything you own after death. Elder law addresses legal and planning needs late in life: decision-making authority, asset preservation, and support during physical changes that occur with age.<\/p>\n\n\n\n

Read on for a more detailed overview and comparison.<\/p>\n\n\n\n\n\n\n\n

Estate Planning Starts With a Will<\/h2>\n\n\n\n

Estate planning sorts out where your deed and other assets go when you\u2019re gone. An estate plan starts with a will. It may involve naming who\u2019ll make decisions for you when you need representation. It might also include legal instruments to bypass probate\u2014the court process by which someone\u2019s assets are distributed after death.<\/p>\n\n\n\n

Your will states who will inherit your property. Through your will, you appoint a personal representative<\/a> to distribute your assets through probate court. If you write a will directing the transfer of your home through probate, the recipient will get it by an executor\u2019s deed.<\/em><\/p>\n\n\n\n

Not everything has to move through the probate court, though. Living trusts<\/em><\/a>, or transfer on death deeds<\/em><\/a> (TODDs)<\/em>, pass assets\u2014such as deeds to homes\u2014to beneficiaries directly, without the need for probate.<\/p>\n\n\n\n

You may undo either of those types of instruments. You can alter revocable trusts. You can sell a home or file a new TODD. Irrevocable trusts<\/em><\/a>, as a general rule, can\u2019t be changed. An estates and trusts attorney can advise you as to which, if any, your situation calls for. In any case, be sure you have an up-to-date will.<\/p>\n\n\n\n

An estate plan can also include documents that address end-of-life matters. For example, you can give someone the power of attorney to sell your home. You\u2019ll want to consult an estate planning lawyer for guidance in creating your documents.<\/p>\n\n\n\n

Will taxes apply to the <\/em><\/strong>heir to your home\u2019s deed<\/em><\/strong><\/a>? What about <\/em><\/strong>gift taxes<\/em><\/strong><\/a> when you give away assets before death? Learn more with Deeds.com.<\/em><\/strong><\/p>\n\n\n\n

Elder Law: Who Is It For?<\/h2>\n\n\n\n

Elder law attorneys support their clients in legal matters, such as protecting assets from undue influence or fraud, and ensuring proper treatment in care situations. Some elder law attorneys defend their clients against mistreatment or malpractice.<\/p>\n\n\n\n

The scope of their guidance can be much broader, though\u2014answering queries like:<\/p>\n\n\n\n