DEFINITION

• Elder Law specializes in the issues faced by older individuals.

• Common Elder Law issues include wills and trusts, health care, nursing home abuse, social security, retirement, and estate planning.

FIND AN ELDER LAW ATTORNEY IN YOUR AREA.

See also:

• Elder Law
• Estate Planning
• Nursing Home Abuse
• Social Security & Retirement

RELATED PRACTICE AREAS

BUZZWORDS

Beneficiary - One who inherits real and/or personal property through a trust or other instrument.

Estate Planning - The process of arranging a person's property to gain maximum benefit of all laws (such as tax or inheritance) while carrying out the person's wishes as to its disposition.

Estate Taxes - The tax imposed on the property of a deceased person who transfers ownership by will or intestate succession.

Heir - One who inherits real and/or personal property through an estate.

Personal Property - Any movable or intangible thing that is subject to ownership and is not classified as real property.

Probate - The judicial procedure by which one's estate is passed to heirs or beneficiaries.

Probate Court - A court with the power to declare wills valid or invalid, to oversee the administration of estates, and in some states, to appoint guardians and approve the adoption of minors.

PRACTICE AREA NOTES

• Estate & Elder Law attorneys are rarely in court and usually don't litigate. Much of the work they complete in the ordinary course of business is transactional, such as wills and trusts, estate plans and inheritance tax returns.
• Attorneys practicing in this area must have a working knowledge of the IRS Tax Code. Oftentimes they also send tax work out to a CPA or accountant.
• The majority of work is fixed-fee based. For example, an attorney might charge a fixed price for a simple will or estate plan.
• While Social Security law significantly impacts the older population, the majority of litigation in this area is in Social Security Disability.
• The Social Security Administration (SSA) administers three programs: a retirement program for workers over 65 and two disability programs.