Elder Law & Estate Planning Radio Interviews

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Paul Hamilton, Esq.

Founder of Hamilton Trust, Estate & Elder Law, Paul is a lifelong learner dedicated to simplifying estate planning and elder law through education, helping families navigate life’s unpredictable changes with peace of mind.

Radio Interview (April 11, 2024)

Transcript

Scott James Matheson:

Good morning. Welcome back to the morning drive. Just moments after the eight o’clock hour on this Thursday. Still wet out there, but maybe not raining as hard. It looks like maybe most of the rain has gone away for all you golf fans. Uh, tea times are 10:30 now at Augusta national. So, uh, that’s going to go off without a hitch. I think it’ll be fine through the rest of the day. Joining us in studio, Paul Hamilton of a Hamilton estate, trust and elder law. Welcome to the show again.

Paul Hamilton:

Good to be here. I guess they’re going to get their squeegees out at Augusta National.

Scott James Matheson:

I guess so. You know, the, uh, as I said, they’re pushing the tea times back to 10:30, but they, they, they’ll still with the daylight, they’ll get all that whole round in. It’ll be good.

Paul Hamilton:

Yeah, it’ll be good. I was reading an article about tiger this morning. I think it said it was his 26. Is that, is that right? Yeah. And if he makes the cut…

Scott James Matheson:

It’ll be his 20. He’d be consistent, you know, consecutive times that he’s made the cut too. Yeah. That would be, you know, of course there’s so much golfers are so much better over these, I would say last decade or more, uh, as they have taken the, the example of a, of a Tiger woods who You know, it was more about, uh, physical fitness and, you know, getting pretty, and you got there, they train like football players. It seems like amazing, but hey, it’s still fun to watch. It is. And it’s the Augusta national. So, it’s the beauty of the course and everything. You don’t have to be a golf fan to really enjoy that. That’s right. Uh, but yeah, it is wet and it’s raining outside and, but it’s going to be clearing out here. And, uh, looking forward to, I did get a notice that there’s, somebody said there was a possible tornado down around Live Oak area. Hopefully that dissipates and we don’t have any problems with that. But, uh, it came quick and hard.

Paul Hamilton:

It Did come quick and hard. And I think it’s time to tell mother nature about us. Just had plenty.

Scott James Matheson:

We’ve had enough. We’ve had enough to be beautiful. It’s supposed to be like in the mid-eighties and bright and sunny.

Paul Hamilton:

Well, maybe if the concert in the park tomorrow night, it’ll be nice. It really should.

Scott James Matheson:

Uh, the concert in the park, we’ve got a lunch on the lawn downtown during the day tomorrow. That’s tomorrow. Joe Smothers will be the featured, uh, artists there and then they’ll do it again in two weeks. Charlie just stuck his head in. Charlie, uh, Walker from, uh, kick’s country. He and another friend will be doing the 26th, uh, uh, lunch on the lawn. So great for them.

Paul Hamilton:

It’s going to be fantastic.

Scott James Matheson:

Well, that’s it. Well, estate planning, shift gears. How do we do that? I try to find a normal, uh, you know, segway transition segment, but there is no way to do.

Paul Hamilton:

Do you’re planning because you never know when weather’s going to strike your life. Yeah, we’ll.

Scott James Matheson:

Go with that. Yeah. Uh, you know, and there are people that are facing a, I hate to say it, but there are people facing. Situations with the weather that can be life threatening. So yeah, yeah and if you know, it’s one of those things you wait too late and all of a sudden, you’re subject to whatever the state Says and not what you think.

Paul Hamilton:

That’s right do your rule book. We had a great workshop the other day Oh good on Tuesday and like I say that the flavour of those always is a little different based on the people that are in the room, so um, lots of great questions and uh from our group, so if uh, you know I always tell people that’s the first step in our processes is going to a work workshop and getting some education on estate planning to hear those things that may set off flags in your head. Uh, and even if it doesn’t, at least you’re aware of it. You can say, well, that’s not important to me, or if it is important, you can say it is important to me and I need to, I need to address it.  

Scott James Matheson:

Well, you know, so often you can sit down in a meeting with a, with a professional and, and that person tries to get to know you and tries to understand what it is that’s important to you, but going through that workshop, like you said, it, it, uh, having others around you, there was nothing. What was it? The old saying is there’s no dumb questions. That’s right. And sometimes you might be a little apprehensive about it. Asking that question, thinking that it’s going to be done, but I promise you there’s somebody else in the group. They’re going to ask the question.  Yeah. So exactly. So having, uh, folks, uh, around you and being able to share, maybe not specifics, but understanding that set lives are very similar and, uh, what things may be important to them. You find her important to you too.

Paul Hamilton:

Oh, absolutely. Absolutely. And that, you know, and it’s a, uh, it is a conversation. It’s not a lecture. It’s an opportunity to ask questions. And I do tell people to make them kind of general. I don’t want you to discuss your business in front of a group of people, but you know, after that workshop, when we can kind of get into the nitty gritty. Of, uh, yeah…

Scott James Matheson:

I was, I watched, uh, uh, Ghostbusters the other day and Rick Moranis is, uh, he’s the CPA and he’s having the party and they said, well, this is so and so, and they have such a company and receivership and now they’re all okay. I’m thinking, you know, that’s not what you do. You don’t tell and share everything about all your, that wouldn’t go over.

Paul Hamilton:

You don’t share that stuff. stuff. Confidentiality is important.

Scott James Matheson:

Yeah. So that’s still consistent in what you guys do and making sure that you take care of that. Uh, let’s see. I was just made sure we didn’t. Anytime that, uh, that you’re on, Paul, I know that, uh, you’re welcome to take one zero five nine. You can send a question and we’ll pass that on. Yeah, absolutely.

Paul Hamilton:

Love, love to answer those.

Scott James Matheson:

Because that’s the thing is everybody’s situation is different. And there is no cookie cutter. There’s no, hey, this is what we’re going to do for you and you and you and you and you, everybody has a different…

Paul Hamilton:

Yeah. When we go through it, I tell people, one of the big questions that comes up, I even have a slide that covers us says, do I need a will or a trust? Yeah. You know, and I let everybody ponder on that for a minute. And I, and then I tell them, well, at this point, I don’t know because I don’t know what’s important to you. And, and you haven’t received all the information I think you need to make an intelligent decision in that regard. Okay. Uh, so yeah, everybody, everybody is different and that is, uh, that’s coloured by, uh, the people in our lives, um, and, uh, your family, uh, everybody, you know, and there are all these things that are. Then, as we go through life and we accumulate our stuff, I like to call it our wealth or whatever, uh, you accumulate all that, but there always seems to be somebody or something nipping at our heels to eat into that, which we’ve built up over our lifetime. And that could be the government. In the form of having to use their rule book, it can be the government in the form of taxes, trying to get it back. You know, I always say, you know, when you die, they have the death tax. Fortunately, the, the exclusionary amount, it doesn’t kick in, you know, unless you are a multimillionaire right now, that used to not be the case. And in some States, it’s still not. Uh, but then when you die, you know, they won’t, they won’t tax money. And, uh, and then we have, uh, lawsuits. Okay. We have family members. I say that even your loved family members can be predators, not that they mean to be. Uh, but if you have a loved one who falls ill and needs nursing home care, and that’s your spouse, well, that’s going to hit your pocketbook too, because nursing homes run about $9500 a month. So, what can we do? While everybody’s still alive, everybody’s still well, but you don’t ever want to think about those things. Well, yeah, you don’t, you don’t, but, but you should. Because I deal with two types of clients. Those are the ones that plan and plan ahead. And then those, in crisis.

Scott James Matheson:

Reactionary period.

Paul Hamilton:

We truly have, when it comes to, you know, trying to thread that needle for nursing home care, you know, the folks that have planned, we know what we’re going to do. Just like I was telling someone yesterday, I was like, look, even if, uh, even if you need nursing home care within the five years look back period, we still got a plan to handle that. And we’ve got money to take care of it. Um, it’s the folks that don’t plan and grandma fell broke her hip and she has a half a million dollars. She needs nursing home care. It’s going to cost $9500 a month when we do. And then I pay $9500 a month and then I, I can still, there are still measures and things that I can do. Uh, to soften that, but I can’t protect everything. If I plan ahead, I can protect everything. If I don’t plan ahead and I’m in crisis, well, it’s going to hit the pocketbook harder. And then if you absolutely just do nothing when, you know, there are a lot of people that just all that, that they’ve worked and built up at the end of life goes to that care rather than to their loved ones. And it doesn’t have to be that way.

Scott James Matheson:

Yeah, not to open a whole new can of worms, but communication is so important, uh, from your, your parents, yourself, your, your children, your spouse, interaction of, uh, you know, how do we. Answer the tough questions. How do we face the things that we don’t want to face having that open communication, I think is paramount. And that’s what you do in the workshop is not only do you want to have, hey, mom and dad come in, but maybe anybody else that’s associated that can, uh, that are going to play a part in this, whether it’s your kids or the aunts, the uncles or the nieces or the nephews. Anybody that you have that open communication.

Paul Hamilton:

It’s a team approach. It’s a, it’s a team approach for sure. You need those people that you constantly rely on and that’s different for everybody, right? It may be a child, the oldest child, the middle child, whichever one, I guess you like the most, or maybe you like them all equally or, you know, um, or it could be a close family friend, uh, a cousin. know, it could, any number of people would always tell people, bring that person with you. Um, if there’s someone that you, you know, and there’s some people that, you know, are strong willed and they, they know the decisions they want to make and that’s fine too. Uh, but, but bring your helpers with you, your financial planner, uh, your banker. Uh, uh, anybody that you rely on to, uh, to make those decisions. And we want to work hand in hand with, uh, with all those folks to make sure that your plan does exactly what you want it to do. There’s, I often say there’s, you know, feeling good when you leave and you have all that planning in place, I want people to feel good, but even more important than that is I want you to know. What you’ve done and where you want stuff to go is the result you’re going to get. And, and that’s more important than anything. Confidence. Yes. I want, so, so feeling good is great, but also knowing. That we’ve done everything to make sure, um, that, that things are protected and people, there’s a phrase about called controlling from the grave, uh, which, which you can do.

Right. Right. Uh, but I like to think of it as protecting from the grave because, you know, I know that there are folks out there probably listening and thinking about. You know, I want to leave my kids this, but I don’t want that. Sorry. Son in law. Yeah. Yeah. Sorry. Daughter in law. And hopefully you have a good son and daughter in law, but, but if, but, but, but I know those families that, that where that’s an issue and they want it protected, or that maybe, maybe there’s some trouble in paradise and, and there might be a divorce on the horizon. Well, if I leave my state to my child, is it going to get Eaten up in the divorce and there’s things that can be protected there. Uh, if you have a special needs child, there’s, there’s things that you can do to set that child up for success and make sure that they still have, uh, uh, the resources that they need to get through life and have it managed. Uh, so there’s all number of things that that we can do in it and you hit the nail on the head bill Everybody’s different. Yeah, they’re You know, there’s some similarities some more, you know some general similarities between all types of estate planning but the dynamics the family dynamics are different, and I think that’s what sometimes we miss when we’re When folks ask me about legal zoom and the computer programs and, and look, there, there are some, there’s some good stuff out there. I was playing with a resource that the library offers the other day. I, I did a will for Henry, Henry’s only 16, but, but I just typed in a will, and I used Henry’s information, and I gave it to him and said, hey, this isn’t half bad and it really isn’t. But what that computer can’t do is it can’t say, tell me about your family.

Tell me about your kids. Tell me about your financial situation. Does somebody like to spend money? Does someone who’s good with money? Yeah. You know, and, and I think that’s where you lose that kind of flavour in, in some, in, in, in a number of, uh, estates are sophisticated enough where you need that kind of counselling.

Scott James Matheson:

You can go to HamiltonTrust.law and find out more information. Sign up for the workshops. You’ll have one more this month, I guess, a little later on. Yes.

Paul Hamilton:

We do them on Tuesdays on the second and fourth Tuesday of each month. Well, the first Tuesday is at 10:30am. I’m sorry. The second Tuesday of the month is at 10:30am and the fourth Tuesday of each month is at 3:30pm. So, we like to help people find the time slot that works for them.

Scott James Matheson:

Yeah, it works out best. And if you don’t want to deal with the computer, 229 207 0850. You got a great staff. Yes. Standing by to answer your phone calls. And I meant.

Paul Hamilton:

To bring them in. Remember, we talked about that. Yeah, we got to do. I mean, you got to. And I went back and told them. So, I’m going to bring one of them with me. There you go. Each time. I’m going to put it on the calendar this morning.

Scott James Matheson:

That’s it. We, uh, I, I made that, uh, charge to, uh, to Raymond at, uh, Georgia Farm Bureau Insurance. I said, look, I like talking to you. But bring somebody and so now he brings somebody with him every time they come in and it really is interesting because I got a perspective a new insurance agent. Somebody just passed their uh, Insurance exams a month ago. And so, they’re new and getting their feel for that and then you got people that specialize  in dealing with uh, the probate probates and Nursing homes and Medicaid and having that expertise, I think is important. So yeah, and that let our listeners hear that too.

Paul Hamilton:

We’ll do that.

Scott James Matheson:

We will definitely do that. Paul enjoyed it. Go to HamiltonTrust.law or call 229 207 0850. All right. We’ll be back. See you next time, Paul. Thank you, much. All right. We’ll be right back after this. You’re listening to the morning drive on 1059 WVGA.

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