About Pilar Perez-Wagoner

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So far Pilar Perez-Wagoner has created 49 blog entries.

Medicaid Trusts AKA Miller Trusts AKA Qualifying Income Trusts

By Ana Ballesteros, W M Law Paralegal

When it comes to healthcare needs, we always try to delay the inevitable, prepare for our future needs. The average cost of per month for an elderly care facility is about $6,000 plus hospital visits and expensive medicine costs.

The way Medicaid works is that they can help you pay for your expenses but only if your income shows that you do not have sufficient money to pay the care you need. So, what happens when your income qualifies but your spouse also works, and it puts you above Medicaid’s income requirement? Or what happens if your income qualifies but you have your house paid for and perhaps some additional assets like an IRA/401(k) or a vacation home?

Medicaid can put liens on your property after you no longer need the assistance program or have passed away. The bad news is that if you do not take protective measures, you can lose all the items you worked hard for. The good news is that there is a special trust that you can create to protect your assets and ensure they can be passes on to your family like you have always intended them to be, it […]

By | May 22nd, 2018|0 Comments

How Long Do I have to Submit a Will for Probate after a Family Member Passes Away?

If you are the responsible person for wrapping up the estate of a loved one who has passed away, there are some very important timelines to consider.  One of those applies when the loved one had a Last Will and Testament.  In those cases, you must act relatively quickly to open an estate and admit the will or else the Last Will and Testament will be invalid.  Each state has its own timeline.  Since we practice in Kansas and Missouri only, we’ll stick with those states.  In Missouri, you have one year after the decedent’s death to admit a will to probate.  On the Kansas side, though, that time limit is only 6 months.  If the will fails to be admitted within those time periods, that will becomes invalid.  At that point, the rules of intestate succession will determine who obtains the property of the estate.  So, if you are named or believe that you are named as a beneficiary of a will, it is in your best interests to ensure that the will is admitted to probate promptly after the death of your loved one, particularly if you are not a person or entity who would inherit via the […]

By | April 13th, 2018|0 Comments

Three Key Suggestions to Avoid Disputes in your Estate Planning Process

By Doug Sisson, W M Law Paralegal

Your beneficiaries’ fondness of one another may be out of your control, in life or death. With that in mind, the following tips and considerations will help you avoid future litigation, or at least minimize it to avoid that steep attorney bill many fail to account for:  “The afternoon knows what the morning never suspected.” – Robert Frost

  1. Plan when you are healthy 

When you fall ill, all of you mental and physical resources should be devoted to getting better, not drafting an estate plan.  One should devise an estate plan and ponder their family dynamics while you are well and of sound mind.  If you wait until you fall ill to draft your plan, it may be poorly drafted, or may not be completed at all.  Devising a plan while you are well also relieving the burden from family members who may be left guessing your final wishes or medical decisions.

  1. Seek quality independent legal advice free from undue influence

Online resources (such as this blog) can aid in a rough idea of what you will need, but not much more than that.  DIY estate plans can also create a huge liability as they […]

By | March 14th, 2018|0 Comments

How to Use Estate Planning to Avoid a Guardianship Proceeding when an Elderly Parent is Involved

By Jeff Wagoner, W M Law President
Recently I had a potential client contact me about getting a guardianship for her mother whose mental state was beginning to deteriorate.  The daughter was concerned that her mother’s failing mental health would lead her to forget to pay the mortgage loan on her house or to pay the insurance or make other financial mistakes.  So, the daughter thought the best option was to obtain a guardianship over her mother.  But, a guardianship is a pretty drastic measure.  It involves a hearing to convince a judge that the guardianship is necessary.  It also requires annual reporting.  Sometimes a bond is required.  So, how can we avoid that?
In this case, the daughter was worried also because the mother was getting belligerent and uncooperative with her.  I recommended that while her mother is still mentally competent (so it needed to be done right away) that we should do a an estate plan, which includes a Financial Power of Attorney and a Healthcare Power of Attorney.  With these two documents, the daughter could accomplish nearly everything that a guardianship order would allow her to do.  With regard to the mother’s becoming belligerent, it is true that a […]

By | March 1st, 2018|0 Comments

Discussions With Family Prior to Estate Planning

By Ana Ballesteros, W M Law Paralegal

Estate Planning can be a difficult conversation to have with your love ones. People generally do not like to think about what would happen if a loved one were to pass away either suddenly or expectedly. What would happen to the house? The cars? How would the sentimental things get distributed? The purpose of an Estate Plan is not only to ensure that the transition moves as peaceful as possible without having any fights between siblings or step-family members but also to give you peace of mind that your wishes are being respected. Here the 5 things to talk about with your family when preparing for your Estate Plan.

How to plan your Estate Plan: The reason for an estate plan, is to ensure that your belongings do not go through probate. A death is already difficult, not to mention having to go through a legal process for your family to keep what already belongs to them, your legacy. Talk to them about what will need to be included and what you think is best to pass on right away. If you do not feel comfortable letting them know what each will get, you do […]

By | February 22nd, 2018|0 Comments

Two Misconceptions about Estate Plans

By Doug Sisson, W M Law Paralegal

Misconception #1 – Estate Planning is only for old people

Accidents happen, unless you are immortal…  A living trust is an important tool to safeguard a single person or family of any age.  Think of a trust as your “invisible buddy” that can speak for you when you are unable to. A living trust not only guards your assets, it guides your loved ones and keeps them from guessing as to your intentions. Another valuable tool is managing money should you leave your estate to a young person or even a minor child. With a trust you can appoint a person to manage the trust until your children (or grandchildren) are of an age you decide.

Misconception #2 – Estate Plans are for the Ultra Wealthy 1% of the Population

If you own property, you need an estate plan. A Revocable “Living” Trust is a very versatile tool to help divide and protect your assets and leave instructions for your own healthcare as well as others. A living trust can benefit you in many of the following ways:

  • Avoiding Probate: Probate litigation is a costly and lengthy process your loved ones will want to avoid.
  • Avoiding Taxes: A […]
By | January 30th, 2018|0 Comments

Holiday Discussions You NEED to Have

By Jeff Wagoner, W M Law President

Well, it’s the holidays, and likely be spending time with your family (for better or for worse!).  Oftentimes, the discussion will center around the kids in the family, the local sports teams and maybe even a little bit of politics.  You might even discuss health issues and concerns, especially regarding the senior members of your family.  Although we like to think happy thoughts during the holidays, I would suggest that spend at least a few minutes with your family members discussing your estate plan and your desires for healthcare decisions in the event you aren’t able to make them for yourself.  It doesn’t have to be a downer and it doesn’t have to bring tears to everyone’s eyes.  But, it can provide a great deal of relief and call into mind the more important things in life, especially at a time when everyone is busy with the hustle and bustle of the holiday season.

If you have an estate plan, you likely have made designations of certain family members who you want to make decisions for you in the event that you cannot.  Generally, these decisions take two forms:  financial or property decisions and then […]

By | November 28th, 2017|0 Comments

“Do I Need a Lawyer to Help Settle Up the Estate of a Deceased Family Member Who Had Very Little Property?”

By Jeff Wagoner
W M Law President
We often have initial consultations with people who are faced with wrapped up the estate of a loved one who recently passed away, but that person really didn’t have much property.  Here’s an example:  Uncle Joe never married and had no children.  He passed away last week.  He rented an apartment (with 6 months remaining on the lease), drove a car worth $10,000 with a $6,000 loan on it, had a checking account with $1,000 and a savings account with $250 in them, had a pet dog, worked a part time job, drew Social Security of $1,100 per month, had some furniture, clothing, household goods, a couple of TVs and other inexpensive electronics and an old motorcycle that didn’t run.  Oh, and he also has $12,000 in credit card debt.  The family is looking to you to “just take care of everything.”  You are, after all, “the responsible one.”  But, what do you do and where do you start?
First off, you know you need some help – you can’t just expect the bank to give you the money from the accounts and what are you going to do about the titles to the car and […]

By | August 30th, 2017|0 Comments

Are You Ready to Travel?  Really?!

It’s summer time and that means summer vacation time!  Yahoo!  So, let’s pack up the suitcases and the kids and the car and head out.  If you’re like me, in the weeks prior to a vacation, you make a checklist of all of the stuff that’s got to get done before you can leave:  have the mail held at the post office, stop the newspaper delivery, arrange for someone to mow the lawn, arrange for a friend to stop by your house and check on it every couple of days, turn up the thermostat, etc.  So, you spend a lot of time planning and organizing and getting all of your ducks in a row so that you can go on vacation and enjoy leaving your normal worries behind.  Right?  But, are you truly prepared?  Although we hate to think about it, accidents do happen on vacation.  If you are traveling with your spouse, an accident could end up leaving your children without both parents.  We don’t want to think about it, but it happens every day, multiple times around the United States.
In 2016, there were 40,200 traffic deaths in the United States.  In addition to being safety conscious this vacation […]

By | July 7th, 2017|0 Comments

Small Estate Procedures – Kansas vs. Missouri

Small estate procedures in the Probate Courts in the Kansas City area differ greatly.  Of the two states, Kansas’ procedure is much simpler and does not require a court filing.  An “Affidavit of Heirship” form is completed by the family and presented to parties holding property belonging to the decedent.  This procedure allows for the gathering of a small estate with a value of up to $40,000.  This process can be used to gain access to bank accounts and change title to motor vehicles in Kansas.  WM Law can guide Kansas estate executors and personal representatives through the process.  It is much cheaper and simpler than a full administration of a probate estate, thankfully.
In Missouri, the process for smaller estates is much more complicated, but it still is cheaper and simpler than a full estate administration.  There are actually 5 different procedures that can be used in Missouri to handle smaller estates:
Refusal of Letters to Surviving Spouse and/or Minor Children pursuant to Revised Statutes of Missouri (RSMO) Section 473.090
Refusal of Letters to Creditor pursuant to RSMO Section 473.090.1(2)
Termination of Administration pursuant to RSMO 473.092
Small Estate Procedure pursuant to RSMO 473.097
Determination of Heirship pursuant to RSMO 473.663
These 5 distinct Missouri procedures […]

By | June 2nd, 2017|0 Comments