Author: Stan Miller, JD

Based on my experience counseling estate planning clients, I believe they want us to engage with them on a level that transcends the trust and financial solutions we typically offer as attorneys and advisors. Our clients want us to engage with them on a legacy level. The conclusion expressed in the title of Daniel Scott’s article “Estate Planning is Dead” seems to be an overstatement. But Scott effectively showed that the work we do merely as planners does not address the deeper needs of our clients. According to Scott,

Revocable living trusts (RLT) are the bread and butter of most estate planners. If drafted correctly, RLTs can avoid the costly and time-consuming probate process and provide for a client’s spouse without disinheriting children—which can be important for clients who are in second marriages. RLTs can reduce estate taxes and protect inheritances from courts, creditors, spouses, divorce proceedings, and irresponsible spending.

Malpractice. The very word sends shivers down the spines of attorneys. Attorneys, as humans, can’t be expected to be perfect. Yet professionally, they must be. When an attorney gives erroneous advice, there are consequences. A client can, among other things, sue the attorney for malpractice and recoup damages. But there are rules about such malpractice claim. For one, it must be filed within a certain time frame, called the statute of limitations. But when does the statute of limitations start to accrue?

This issue was recently litigated in Missouri. Here, attorney Joseph was doing some legal work to get Ruth eligible for long-term care Medicaid. In doing so, he recommended that Ruth transfer all of her assets to her nephew and his wife, the Duvalls. Then, the Duvalls “executed a quitclaim deed granting Ruth’s Trust a 98% interest in the Duvalls’ home.” The Duvalls then asserted that Joseph told them that Ruth’s property would not be subject to estate recovery. Ruth began receiving Medicaid benefits. Such legal work took place in 2002.