top of page

Wills and Trusts.



Title: Wills and Trusts: Debunking Common Misconceptions and Understanding Their Roles in Estate Planning


As we navigate through life, it's essential to understand the importance of estate planning and the roles of wills and trusts. In this blog post, Chairman Bob Sutton seeks to clarify some common misconceptions and provide a comprehensive understanding of these crucial tools.


Quiz: True or False?


A will says who should get all my assets.


Doing a will means I will avoid probate.


If I have a living trust, my assets are protected.


As long as my home is in my own name, my spouse has no rights to it.


As long as my money is in my name, my spouse has no rights to it.


If I get sick, my wife or child can make decisions for me but only with a medical professional.


If I have a kid in college, I can call and get information as long as I prove I'm paying the tuition.


My estate planning documents from 9 years ago are still good because we really only have to look at this every 10 years.


Truthfully, you can find a good power of attorney on the internet.


If I get sick, Medicare will pay for the costs of long-term care (aide, facility, etc.).


If I get sick, I can rely on Medicaid to pay the costs of long-term care (aide, facility, etc.).


Medicaid is welfare.


To qualify for Medicaid, I have to give all my assets away.


Nursing homes will take all my money before I can get Medicaid.


Once I have "spent down" my assets, I can get Medicaid.


There are approximately 4 million people in the US with Alzheimer's.


There are 4 million caregivers providing care for veterans.


The new law of veteran's benefits for the elderly has been eliminated as of 10.22.18.


Only medical and financial institutions must report any incidence of elder abuse or neglect.


The best time to explore long-term care insurance is when I'm turning 70.


Debunking Misconceptions and Understanding the Roles of Wills and Trusts


A will is a legal document that specifies how certain assets should be distributed upon one's death. However, it is important to understand that a will does not:


Distribute assets co-owned with others or with designated beneficiaries. These assets are transferred based on their title.

Avoid probate. Probate is necessary when assets are owned individually and determines how these assets are distributed according to the will.

Update itself automatically, especially for out-of-state wills. Locating witnesses may be difficult.

Prevent heirs from fighting. Comprehensive estate planning can help minimize will contests and familial disputes.


A living trust can be an effective estate planning tool, but it does not:


Provide complete asset protection. While a living trust may offer some protection, it is not a foolproof solution.


Additionally, it is essential to understand the differences between Medicare and Medicaid and the roles they play in long-term care. Medicare is not intended to cover long-term care costs, whereas Medicaid can assist with these expenses once specific eligibility requirements have been met.


Proper estate planning is crucial to ensure your wishes are carried out and your loved ones are protected. Consult with a professional to create a comprehensive plan tailored to your unique needs. Yes, I have an attorney that can help you with this.