Shows
The Elder Law CoachEpi 55 Shorten Your Elder Law Learning Curve from Five Years to One WeekendSend us a textEver wondered if there's a faster way to master elder law without years of costly mistakes? In this episode, Todd Whatley unveils his groundbreaking Transformational Weekend Summit, a revolutionary program designed to compress what typically takes years to learn into just one intensive weekend.Drawing from his 26 years as a practicing elder law attorney, Todd shares how his own journey took five painful years of trial and error to become proficient in elder law. Now, he's created a solution for attorneys looking to transform their practices quickly and effectively. What makes...
2025-09-0415 minThe Elder Law CoachEpi 54: Breaking Silos: How Attorneys and Financial Advisors Can Transform Client ExperienceSend us a textTodd Whatley reveals the transformative power of attorneys and financial advisors working side-by-side to provide comprehensive elder law services that truly meet clients' needs. Drawing from 25 years of experience and recent success implementing this collaborative approach, Todd explains how breaking down professional silos creates superior outcomes and increases profitability.• The current system forces clients to shuttle between separate attorneys and financial advisors who rarely communicate• Important planning details get lost and recommendations conflict when professionals work in isolation• Mutual distrust between attorneys and advisors often prevents collaboration that would benefi...
2025-05-0718 minThe Elder Law CoachEpi 52: Predatory Marriages: The Silent Threat to Elder Estate PlansSend us a textPredatory marriages target vulnerable seniors for financial gain, creating devastating consequences that override estate plans and disinherit children. Todd Whatley explores this emotionally charged, legally complex issue affecting an increasing number of families as our population ages.• Predatory marriage defined: when someone intentionally targets a vulnerable senior for financial gain through marriage• Common scenarios include caregivers or younger partners marrying seniors with cognitive decline• Marriage automatically triggers inheritance rights that override existing wills and trusts• Red flags include significant age gaps, recent mental capacity changes, social isolation• Joint bank...
2025-05-0418 minThe Elder Law CoachEpi 51: When To Use (And When NOT To Use) Irrevocable Trusts For Your ClientsSend us a textTodd Whatley tackles the complex topic of irrevocable trusts in elder law practice, focusing primarily on Medicaid Asset Protection Trusts and when they're appropriate for clients. He draws on personal experience to provide practical guidance on implementing these powerful legal tools correctly.• Irrevocable trusts require relinquishing control and ownership of assets, making them subject to Medicaid's five-year lookback period• Many attorneys incorrectly structure these trusts by making the grantor a trustee or beneficiary, which can invalidate the protection in some states • Medicaid Asset Protection Trusts are generally best for higher...
2025-03-2630 minThe Elder Law CoachEpi 50: Navigating Dementia: Legal Rights and Client CapacitySend us a textElder law attorneys regularly encounter clients with dementia, yet many misunderstand that a diagnosis doesn't automatically prevent someone from signing legal documents. Todd Whatley explains when and how individuals with dementia can execute valid legal documents and avoid unnecessary guardianships.• Understanding dementia as a progressive condition affecting memory and reasoning differently across stages• Document capacity depends on document risk – higher risk requires greater capacity• Pushing clients to guardianship unnecessarily removes rights and limits planning options• Essential documents include comprehensive powers of attorney, healthcare directives, and probate-avoidance planning• Communicatio...
2025-03-2424 minThe Elder Law CoachEpi 49: The Trustee Dilemma: Family vs Commercial FiduciariesSend us a textTodd Whatley continues his trust-focused discussion by exploring the critical yet often overlooked process of trustee selection. He examines why this decision deserves more attention than the typical "oldest child" default approach, emphasizing that being a trustee is a demanding job requiring specific qualifications.• Trustee responsibilities include managing assets, ensuring compliance with trust terms, distributing assets fairly, and handling administrative tasks• Commercial trustees provide expertise and impartiality, often worth their fee to prevent family conflicts• Key qualities in an effective trustee include financial acumen, organizational skills, integrity, and communication abilit...
2025-03-2421 min
The Generations Legal Group PodcastBeyond the Firstborn: Rethinking Traditional Trustee Selection LogicTodd Whatley deepens his exploration of trust issues with an essential, often overlooked aspect of trust creation: trustee selection. He explains why choosing the right trustee is crucial and provides practical guidance on qualities to look for, common mistakes to avoid, and when to consider professional trustees.• Trustees have significant responsibilities including asset management, compliance with trust terms, fair distribution, and handling administrative tasks• Good trustees need financial acumen, organizational skills, integrity, trustworthiness, and strong communication abilities• Commercial trustees are often worth considering as they're trained, licensed, bonded, and can handle the full-time job requirements•...
2025-03-1821 minThe Generations Legal Group PodcastTrust Management Made Simple: Avoiding Common MistakesAttorney Todd Whatley addresses the critical components of trust management and highlights common trust mistakes that attorneys should help clients avoid. He provides insight into how elder law attorneys can differentiate themselves from DIY solutions and financial advisors attempting to provide estate planning.• DIY estate planning services and financial advisors are aggressively targeting clients, claiming lawyers aren't necessary• Trust documents need specialized language to handle incapacity periods before death, not just asset transfers after death• Testamentary trusts provide significant protection from bankruptcy, divorce, and lawsuits for beneficiaries• The biggest mistake in trust planning is failure...
2025-03-1726 minThe Generations Legal Group PodcastWhy Powers of Attorney Are Non-Negotiable for Your FutureUnderstanding the significance of Powers of Attorney (POA) is crucial for anyone planning for the future. Legal expert Todd Whatley leads our discussion on why establishing a POA is a must-have for every adult, emphasizing the role it plays in protecting your interests and easing family burdens during times of uncertainty and incapacity.• Definition of Power of Attorney and its importance • Types: Financial and healthcare POA explanations • Consequences of inaction: guardianship risks highlighted • Common misconceptions about POAs debunked • Selecting the right agent: trust and duties explained • Recommendations for developing a comprehensive POA • Call to acti...
2025-02-2518 minThe Generations Legal Group PodcastUltimate Family Organization: A visit with Trustworthy CEO Nathanial RobinsonUnlock the secrets of seamless family organization and heightened preparedness with our special guest, Nat Robinson, the visionary behind Trustworthy. This episode casts a spotlight on how Trustworthy is transforming the way families store and share vital documents, moving far beyond the outdated confines of folders and spreadsheets. Together with our expert Patty Whatley, we journey through Nat's personal motivations that led to the birth of this innovative platform, offering families a peace of mind with a secure, collaborative system for managing essential information. From the intricacies of Medicaid applications to the everyday need for accessible personal records, discover...
2025-02-0127 minThe Elder Law CoachEp. 46 Preserving Your Digital Legacy: Navigating Digital Assets in Modern Estate Planning with Todd WhatleySend us a textDigital assets are becoming an essential component of estate planning, yet many clients do not realize their significance. This episode discusses practical steps and legal considerations for addressing digital assets in elder law.• Importance of planning for digital assets • Conducting a digital asset inventory • Challenges of accessing digital assets posthumously • Creating a digital asset access plan • Overview of RUFADA and its implications • Social media legacy contacts and manager settings • Encouraging client education around digital asset managementArticle to review: https://trustandwill.com/learn/what-is-rufadaa?srsl...
2025-01-1820 minThe Generations Legal Group PodcastUnlocking the Secrets of Medicaid Planning and Asset Protection with Todd WhatleyTodd Whatley, Certified Elder Law Attorney with Generations Legal Group explains how Medicaid really is an option for almost everyone seeking to pay for long term care. This episode addresses the crucial topic of Medicaid planning and the misconceptions surrounding it. We discuss how proper planning can protect assets for long-term care, with a focus on understanding the rules of Medicaid to benefit families facing aging challenges.• Understanding Medicaid and its application for long-term care • Dispelling myths about wealth and Medicaid eligibility • The importance of early planning for future care needs • Strategies for married couples to p...
2025-01-0534 minThe Elder Law CoachEp. 44 Mastering Probate Avoidance: Expert Strategies for Elder Law PracticesSend us a textThis podcast episode emphasizes the importance of probate avoidance and explores various strategies to ensure smoother transitions of assets upon death. Todd Whatley discusses ethical estate planning practices, focusing on revocable living trusts, beneficiary designations, and joint ownership as ways to bypass probate.• Understanding the pitfalls of defaulting to probate • The role of revocable living trusts in estate planning • Benefits of using beneficiary designations • Ethical considerations in presenting estate options • The risks associated with joint ownership • The necessity of trust funding and regular plan reviews • Strategies for keepi...
2025-01-0520 minThe Elder Law CoachEp. 42 Insights from Todd on the 2025 Potential ShiftsSend us a textDiscover the intricate world of estate and gift tax exemptions with Todd Whatley, the Elder Law Coach. What could the re-election of President Trump mean for your financial future? As Todd guides us through the potential shifts in estate planning, he delves into the looming reduction of the estate tax exemption from $13.61 million per individual to a potentially game-changing $5 million by 2026. With Congress's role unclear, Todd sheds light on the strategies you might need to adopt and the political dynamics at play as this fiscal transformation unfolds.In this episode, Todd...
2024-12-1629 minThe Generations Legal Group PodcastMastering Modern Estate Planning: Updates, Strategies, and Avoiding PitfallsIs your estate plan up to date with your current life changes? Join me, Todd Whatley, as we navigate the complexities of modern estate planning, ensuring your assets are securely aligned with your future goals. This episode is your opportunity to master the art of estate planning by understanding the necessity of revisiting and updating your documents amidst changes in your relationships, health, and financial circumstances. You'll gain insights into the potential pitfalls of an outdated plan and learn why having a professional review is crucial for avoiding unintended consequences. Our office's malpractice policy and trust amendment practices underscore...
2024-12-1625 minThe Elder Law CoachEp. 41 Mastering OKRs: Revolutionize Goal-Setting in Your Elder Law PracticeSend us a textUnlock the secret to revolutionizing your elder law practice's goal-setting strategy with Todd Whatley as your guide. Traditional methods often leave us short of our targets, but what if your objectives were not only clear but quantifiable as well? Through the power of Objectives and Key Results (OKRs), Todd shares insights on how you can set short-term, qualitative objectives and pair them with measurable key results. Discover how to elevate client satisfaction and improve response times, all within a framework that promises transparency and encourages collaboration without resorting to financial incentives....
2024-12-1428 minThe Elder Law CoachEp. 40 Turning Mistakes Into Mastery: The $6850 LetterSend us a textWhat happens when a small oversight turns into a $6,850 lesson? Join me, Todd Whatley, on a journey through the complexities of elder law, as I recount an unforgettable personal story that underscores the critical importance of communication and documentation in the Medicaid application process. This episode isn't just about a mistake; it's about embracing errors as stepping stones to improvement and growth. Learn how the Community Spouse Resource Allowance (CSRA) plays a vital role, and why removing an institutionalized spouse's name from assets exceeding $2,000 is a non-negotiable step in elder law practice. By...
2024-12-1015 minThe Elder Law CoachEp. 39. Spotting Trust Mistakes: Identifying Two Key Errors That Convert ClientsSend us a textDo you have trouble getting people to hire you to amend their trust done by another attorney? Are you creating trusts with terms that are not in your client's best interest? Unlock the secrets to effective trust management and protect your clients' interests with insights from Todd Whatley, a veteran in elder law. Discover why Todd advocates for creating new trusts over amending old ones and learn how this approach can safeguard assets from bankruptcy, divorce, lawsuits, substance abuse, and in-laws. Gain practical tips on the benefits of testamentary trusts and the strategic ap...
2024-09-2714 minThe Elder Law CoachEp. 38 The Future of Elder Law Part 2 - One Solution, Financial PlanningSend us a textUnlock the secrets to effective elder law and estate planning as we host Ian Weiner, a Certified Financial Planner, who shares his expertise on the critical risks of using templated legal documents and "do it yourself" financial advice. Discover why DIY and advisor-mediated estate plans often fall short and how improper documentation can lead to serious consequences. Ian and Todd Whatley expose the ethical concerns of financial advisors inflating legal service costs and stress the importance of consulting certified elder law attorneys for comprehensive estate planning.In our advanced segment, we...
2024-07-2227 minThe Elder Law CoachEp. 37 Trends in Elder Law - What is Coming?Send us a textDiscover the evolving world of estate planning and financial advising in our latest episode, featuring insightful contributions from Todd Whatley, the Elder Law Coach, and certified financial planner Ian Weiner. You won't want to miss Todd's candid apology for the delay in new episodes as he commits to more frequent and valuable content. Ian takes us through the types of financial advisors, emphasizing the fee-only model and the industry's shift towards comprehensive financial planning. Gain from Ian's extensive experience as he underscores the necessity for transparency and client-focused advice, steering away from mere...
2024-07-2224 minThe Elder Law CoachEp 36 Maintaining Autonomy in Dementia: Navigating Guardianships and Powers of AttorneySend us a textDiscover the keys to safeguarding autonomy in the face of dementia and the intricate legal decisions that follow. As your Elder Law Coach, I, Todd Whatley, guide you through the murky waters of guardianships and powers of attorney, revealing how a dementia diagnosis impacts legal capacity and the crucial steps to maintain control over personal affairs. This episode unravels the ethical imperatives entwined with preserving one's independence, addressing the invasive nature of guardianships—complete with court interventions and potential loss of rights—and contrasting them with the empowering capacity of powers of attorney....
2024-03-3027 minThe Elder Law CoachEp 35 Insights on Trustee Selection and Beneficiary Care with Samantha ShepherdSend us a textEmbark on a journey with me, Todd Whatley, as I sit down with the exceptional Samantha Shepherd, a beacon in the world of elder law and founder of Assured Trust. Our latest Elder Law Coach podcast episode promises to unveil the complexities of trust management through the lens of Samantha's admirable mission to provide fiduciary services rooted in compassion—a calling that came to fruition amid the unpredictability of a global pandemic. Her stories of navigating the creation of a trust company, especially for those with special needs, will not only enlighten but al...
2024-03-0929 minThe Elder Law CoachEp 34 Mastering Elder Law: The Role of Irrevocable Trusts in Asset Protection and Medicaid PlanningSend us a textEmbark on a journey through the complex landscape of Elder Law with me, Todd Whatley, as your guide. Together we'll uncover the benefits and drawbacks of Irrevocable Trusts, a critical tool in asset protection. This episode promises to illuminate the path for safeguarding your clients' assets from Medicaid, while carefully considering the irreversible sacrifices that come with it. You'll gain insights into the delicate balance of asset protection, especially when handling family treasures like farms, and learn when to implement these trusts or when to proceed with caution.As we navigate...
2024-02-2420 minThe Elder Law CoachEp 33 Navigating the Complexities of Long-Term Care Policies for Estate ProtectionSend us a textUnlock the mysteries of long-term care insurance and its pivotal role in estate planning as I, Todd Whatley, alongside expert Bill Mathews, traverse the intricate terrain of safeguarding one's future. We tackle the big questions: What's the likelihood of needing long-term care, and how do traditional and hybrid policies stack up? Bill brings years of expertise to the table, offering a deep dive into the evolution of the industry and the strategic move towards hybrid models. Prepare to have your eyes opened to the importance of discussing long-term care insurance with clients and...
2024-01-2922 minThe Elder Law CoachEp 32 Exposing the Truth About Financial Planning and Investment StrategiesSend us a textUnlock the secrets to smarter financial decisions with Todd Whatley and our special guest, financial planner Ian Weiner. We're peeling back the layers of the financial industry to reveal the truth behind becoming a financial advisor and how this can impact the advice you trustingly follow. Our revealing discussion traverses the terrain of broker-dealers versus registered investment advisors, giving you an exclusive insider's perspective on the roles that shape these institutions. As you join us, prepare to equip yourself with the critical tools necessary to evaluate the guidance you receive and navigate a...
2024-01-2138 min