how much does an elder attorney charge

It depends, as each person’s needs are different. For these services, attorneys typically charge between $3,000 to $10,000 to assist clients. Our attorneys are experienced in elder law matters, and we charge either an hourly rate of $400 for court cases or a flat fee starting at $500 for estate planning documents.

Full Answer

How much does an elder law attorney cost?

As discussed above, the firm will not provide specific advice during this call but will answer more general questions. The firm charges $500 for an initial, in-person consultation. The client has no commitment to pay anything beyond that unless the firm and the client agree on what work needs to be done and what the charge will be.

What do elder law attorneys charge for their services?

May 18, 2019 · Different lawyers value their time in a different order, so they charge differently. In general, if you are asking then, it could be between $1000 and $2500. When my dad hired an elder care lawyers (http://www.scottcounsel.com/) for my granny, they had a meeting about all the estimate cost discussion before planning for the work.

Who needs to hire an elder law attorney?

Mar 22, 2022 · Cost of Elder Law Attorneys and Medicaid Planning. There isn’t a clear-cut answer as to the cost of hiring an elder care attorney for Medicaid planning purposes. Some Medicaid lawyers offer free consultations, while others charge an initial consultation fee or offer Medicaid planning conferences that range in cost from approximately $175 – $500.

When should one consider hiring an elder law attorney?

Oct 04, 2021 · Below is a range of fees and examples of how much you might pay for an elder law attorney’s services, depending on the legal services you need. Guardianship and appointment of a guardian: $350 to...

What do elder law attorneys do?

What Elder Law Attorneys Do? Elder law attorneys, also called elder care attorneys, estate and trust attorneys, or Medicaid lawyers, assist persons in preparing for long-term care and death. They assist seniors in a large and diverse array of legal tasks, which encompasses retirement planning, estate planning, creating wills and durable power ...

What is the role of a Medicaid attorney?

On the other hand, Medicaid attorneys often focus more on the legal aspects of Medicaid planning, such as creating Medicaid asset protection trusts or Qualified income trusts, which makes them the better option for this type of assistance.

Can you gift assets to Medicaid?

This is because Medicaid has a look back period. During this period, an applicant cannot gift assets or sell assets for less than market value in an attempt to meet Medicaid’s asset limit.

How long does Medicaid look back?

The look back period is 5 years in all states except California (Medi-Cal has a 2.5 year look back).

What is a Miller Trust?

An option to meet the income limit in this case is a Miller Trust, often referred to as a Qualified Income Trust (QIT). In oversimplified language, income that is over Medicaid’s income limit is put into an irrevocable (meaning it cannot be changed or cancelled) trust to be used for very specific purposes.

What is a medicaid planner?

For persons who have Medicaid cases that are fairly simple and straightforward, a Medicaid planner, also called a Medicaid specialist or a Medicaid Advisor, might be a good option. Working with a professional Medicaid planner can be a lot more cost efficient than working with a Medicaid attorney.

What is Medicaid asset protection trust?

One such strategy that elder law attorneys can implement is a Medicaid asset protection trust (MAPT). This type of trust not only prevents one from becoming ineligible for Medicaid due to gifting assets ...

What Type of Legal issues do elder law attorneys handle?

As with other legal specialties, there are specific legal issues that most elder law attorneys will handle. Those issues typically include estate planning, Medicare and Medi-Cal coverage for long-term care, administration of estates for adults, trust matters, and probate matters.

Common elder law services provided by our firm

Elder law is a legal specialty that includes comprehensive estate planning. That basically means we can help you create a plan ahead of time that specifies how you want your property to be distributed after your death.

What do I need to know before my first appointment?

While there are common types of legal matters with which elder law attorneys are familiar, not all elder law attorneys are experienced at handling every legal area. For that reason, it is a good idea to ask before your first appointment whether the elder law attorneys can handle your specific issues.

Attorney fees for probate work

The state of California imposes set fees for probate work established by statute, based on the gross value of the estate. The attorney’s fee schedule is as follows:

How to choose an elder law attorney

It may be a good idea to ask how long the attorneys have been practicing in the area of elder law, a question that should be asked about any particular specialty of interest to you. You can also ask about the percentage of the attorney’s practice that is actually devoted to elder law since many attorneys practice in several areas of law.

Being prepared for meeting with an elder law attorney

Knowing the answers to these questions can be very helpful in deciding whether the Roseville elder law attorneys have the necessary qualifications to effectively advise you regarding your legal concerns. This information will also ensure that you are prepared for a productive initial consultation.

Do lawyers charge retainers?

Sometimes lawyers may charge a retainer if they find themselves in high demand. Other lawyers who work more quickly and efficiently may see no need for charging you a retainer fee. Call different lawyers in your area to see if retainers are standard practice for your particular case.

How to pay retainer fees?

Make sure that your contract includes the details of: 1 Contract – The agreement should list the total amount of any retainer deposit that you pay upfront. It should also state when you need to pay additional fees, if necessary. 2 Hourly Fee – Don't look only for the hourly rate of your lawyer on the agreement. Make sure you also see a description of the different hourly rates for each person who might contribute to your case. Ask for your payment schedule. Ask if you get a discount for early payment or if you pay penalties for late fees. 3 Contingency Fee – In a contingency case, the lawyer profits by the percentage they earn upon winning the case. The lawyer's contingency percentage and the payment-collection process should appear clearly outlined in your agreement. Sometimes, a lawyer will not collect any fees from you if they lose a contingency case, such as in personal injury disputes. In other situations, they may demand payment from their client only if they lose the case. 4 Costs of Suit – Check for clear terms to describe who pays for all of the different litigation costs involved. You should anticipate possible charges for court appearances and filing fees, hiring a private investigator, the cost of bringing in an expert witness, costs for officially serving and delivering legal documents, and travel fees.

What is contingency fee?

An attorney contingency fee is only typical in a case where you're claiming money due to circumstances like personal injury or workers' compensation. You're likely to see attorney percentage fees in these situations to average around a third of the total legal settlement fees paid to the client.

What is statutory fee?

A statutory fee is a payment determined by the court or laws which applies to your case. You'll encounter a fixed statutory fee when dealing with probate or bankruptcy, for example.

What to ask when hiring an attorney?

When hiring your attorney, ask for a detailed written estimate of any expenses or additional costs. They may itemize each expense out for you or lump their fees all together under different categories of work. Lawyers may bill you for: Advice. Research.

Is your lawyer charging too much?

Julie Ann Garber is a vice president at BMO Harris Wealth management, a CFP, and has 25 years of experience as a lawyer and trust officer. Julie Ann has been quoted in The New York Times, the New York Post, Consumer Reports, Insurance News Net Magazine, and many other publications.

Your Initial Meeting

Most estate planning attorneys don't charge a fee for the initial meeting, but this is by no means a universal rule. Don't be surprised if the attorney does charge a small fee for sitting down with you for the first time. It can go either way.

The Estate Planning Flat Fee

A set dollar amount typically covers the initial meeting—if you end up retaining the attorney's services—as well as preparation of basic documents, review of documents, and signing of documents.

Standard Hourly Rates

A flat fee is a composite of the attorney's standard hourly rate and how many hours he thinks he'll have to invest in your case to resolve it. Ask what that hourly rate is, and find out how much you'll be charged for the services of other attorneys and paralegals in the firm.

Meet by Telephone First

It's common these days to handle a significant amount of business by telephone. Consider setting up telephone interviews with at least two estate planning attorneys before meeting in person. This will save your time and the attorney's time...if she's willing.

Ask for Details

Ask an attorney who's going to charge you more than another exactly why his fee is so much higher. Some attorneys are in the business of selling estate plans in bulk, while others are truly interested in giving you a high-quality estate plan and becoming your advisor for life.

Trust Your Gut

Your goal shouldn't necessarily be to find the cheapest attorney. Think about how comfortable you feel with each, because you'll have to be open and honest when discussing the most intimate details of your personal life and finances with this individual. Sometimes you have to go with your instincts.