There are many tools available to tailor an estate plan that meets our clients' specific needs. The most basic estate planning choice is whether to execute a will. Many individuals in Minnesota die without ever executing a will, in which case the State of Minnesota determines who will receive the assets. A will allows a person to decide who will receive their property upon death, often eliminating disputes as to the division of family heirlooms. More importantly, a will allows individuals to nominate guardians for their minor children.

Revocable trusts are an effective estate planning tool that help to eliminate the probate process and keep information and assets private. Revocable trusts can be particularly useful for clients with substantial assets. Trusts also allow a client greater control over the distribution of assets, and can provide a steady stream of income to persons unable to manage large sums of money. Maser & Amundson also works closely with family businesses to provide advice on succession planning, and helps families maintain the business even after the death of its founder.

A power of attorney is a tool that allows our clients to designate someone to take action on their behalf with regard to financial decisions during periods of incapacity. Our elder law attorneys explain to clients the significant benefits of powers of attorney, as well as the potential risks involved in giving someone such broad power to make decisions on their behalf. Health Care Directives are documents that enable people to nominate someone to make medical and other health care decisions during periods of incapacity.

For those clients who currently require nursing home care or anticipate a need for such care, the complex laws and regulations relating to Medical Assistance (Medicaid) benefits, as well as other state and federal governmental programs, may need to be utilized in order to pay nursing home and other medical costs. Maser & Amundson works with clients to qualify them for Medical Assistance benefits while protecting the maximum possible assets for the spouse and family. The timing of this planning is critical, and our attorneys have the knowledge and experience to advise our clients on the proper transfer of assets.

For individuals who have lost the ability to make responsible personal and financial decisions for themselves, a conservatorship or guardianship may be necessary. Conservatorships and guardianships permit the court to appoint a third party to make choices affecting an individual's medical care, living situation, and financial affairs. Our attorneys work with the conservator, the family, and the court to make sure that the needs of the incapacitated person are being met, and that the vulnerable individual is not financially exploited. A conservatorship may also be appropriate for a young adult who is or becomes disabled, and Maser & Amundson can advise whether a supplemental needs trust for the benefit of disabled children may be appropriate for their future needs.

Few decisions have greater impact on individuals' lives than those dealt with daily by our elder law attorneys. Those decisions affect the management of our clients' assets, estate, medical care and living needs. Maser & Amundson's elder law attorneys are dedicated to assisting our clients in making these important decisions.