Elder Law & Estate Planning Radio Interviews

Proud to be Live on 105.9 FM with Bill Osborne

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 (March 28, 2024)

Transcript

Scott James Matheson:

Good morning. Welcome back to the morning drive. It is just minutes after the eight o’clock hour on this Thursday. We are just about done with the month of March 28th day of March. Uh, joining us in studio, Paul Hamilton of Hamilton trust, estate and elder law. Yeah. Good morning. It’s good to see you today. We were just talking about it is spring it is absolutely spring we’ve got the pollen and it’s just about gone for the most part. Thank goodness.

Paul Hamilton:

You sure that storm didn’t just take out every bit of it with it.

Scott James Matheson:

I’m hoping that it kind of washed it away at least it but we got spring breaks coming up for a lot of our schools we got Easter that comes early this year, the 31st of, uh, of this month And then you go into, uh, like I said, spring break and you’ve got some plans for spring break. I got plans later on in the spring. It’s just kind of a, the trees are blossoming, all those things. It’s an opportunity for us to kind of open up and, you know, just get back into the, into life. We get so wrapped up in the winter and stuff like that. Just stay at inside or doing things like that. I love this time of year.

Paul Hamilton:

Yes. And I’m glad we have short winters in South Georgia.

Scott James Matheson:

You’re not kidding. I don’t know that I could, uh, my brother lives in Massachusetts. They were still battling snow just a week ago.

Paul Hamilton:

Yeah. I remember one year when I lived in upstate New York and it snowed on mother’s day. So yeah, that’s for the birds. Yeah. Yeah.

Scott James Matheson:

Those birds. So snowbirds, they can stay up there. Uh, but, uh, that’s another thing happening. If you’re a Florida, if you love to go down and visit parts of Florida, the snowbirds are heading back probably in a week. So if you want to do stuff in Florida for us folks, it’s a, it’s a great opportunity in the next few weeks to head down and do that and maybe get all those snowbirds back up. Not picking on them. Cause there’s some good folks that, uh, come down and spend, uh, sometime down at, uh, here in the Florida area and the South Georgia area now. And then go back up during this time of year. But, uh, you know, some of the things that we talk about here with the estate planning and things, uh, so often we do talk about some of our, uh, elder citizens and things like that, because that’s when they start thinking about it. But you always tell people it’s, it’s time to start thinking about that. Maybe when you turn 18. When you become responsible for yourself, or you at least think about starting a family, don’t wait until you’re 60, 70, or whatever it might be.

Paul Hamilton:

Yes. As, uh, as we approach graduation season and then the transition to sending those kids off to college for the first time, remember that your 18 year old is 18. When they turn 18 is an adult. So, uh, it’s important for, for them to, uh, to give authorization, you know, that authorization that mom and dad once had just simply by having a minor child expires on the 18th birthday. So if you want to have access to your children’s medical records and school records and that type of type of stuff, you, you need the appropriate documents, typically powers of attorney for, for your legal and financial affairs. And an advanced health care directive, uh, that allows you to make decisions regarding your youngster’s, uh, medical care if they’re unable to. So those are some things to think about. And you know, you know, and kids, uh, you know, they, some, some children are acquiring things, even at, uh, early age, if they’ve, you know, uh, I know some minor children. You know, may have already received an inheritance that’s worth protecting. So those things are important. And, you know, we’re, we’re here for, you know, we, we are part of our, a large part of our practice is elder law, but, but we’re there for all phases of your life. Uh, whether you’re just moving into, um, adulthood at 18, or if you’re, or if you’re starting that new family, there’s things to think about those, uh, if you have minor children, uh, who might take care of them and provide for them if something happens to you. And then into a middle age where you’re running your business and it started, uh, and you’re thinking about business succession and what’s going to happen in my business. And, and then into, into the later years, the golden years of, uh,

Scott James Matheson:

I’m so, so we’re looking for those. Yeah. Yeah.

Paul Hamilton:

Yes. So the golden years and gosh, you know what? And folks out there, if you’re, if you’re in your twenties or thirties, don’t blink. Because you’re going to blink and you’re going to be staring at 50 and then you’re going to be staring at 60. And it’s incredible how fast it goes by.

Scott James Matheson:

Yeah, it really does. Uh, getting back to talking about kids getting ready to coming up in the next few months of graduation and things. When you do these powers of attorney and things like that, I know as my daughter was reaching that 18, she wanted that independence. She wanted to be independent, but we also still needed to have her understand. We needed to help her out in some certain things Are when you do these powers of attorney are there expiration dates or how do you navigate that through it and help your child grow? And start to become more independent, yet still have some control and some oversight when it’s necessary.

Paul Hamilton:

So, uh, that’s a good question, Bill. Typically, they, there’s not an expiration date on those. They’re revocable just, you know, by you stating this power of attorney is hereby revoked. You could you could simply write that on the, on the, uh, you can, um, or typically if you do a new one, it supersedes any prior ones. If you make the notation on there. So, so yeah, because that changes over time, you know, um, you know, before getting married, I might’ve appointed my mom and then of course, when you get married, you appoint your spouse. And, and then if, you know, you lose a spouse, then you might appoint your, one of your children. So yeah, those, uh, those are adaptable. And that’s why it’s so important that we, we have our education and maintenance program. So when those changes in your life occur, we make those changes to your documents, uh, to reflect what’s going on. Both, you know, there’s the three L’s, the laws that change, uh, the stuff that goes in your life and that life changes, and then. Learning. We learn new things, uh, and new ways to adapt and work with the, um, the environment that we’re working in, uh, whatever it may be.

Scott James Matheson:

Yeah. And I think that’s always also another good thing is to start this, uh, exercise early on so that as that, Eighteen year old becomes 25 and goes into the next phase of their life and things like that or into starting a family and things I think it helps you keep a consistency because I know I’ve used to see in the banking industry so often somebody well, here’s the power of attorney. Well, is that the most recent one or is you know, you would always have those things when you’ve got an attorney who is seeing this from the very beginning all the way through it had some consistency to it.

Paul Hamilton:

Yes, absolutely. And don’t get me started on banking. I know how you rascals are. Banks and financial institutions do not like powers of attorney. I think they, uh, there’s a, an, an uncharacteristic, uh, Concern about liability on those powers of attorney if the bank accepts them. I mean, it’s good for them to be prudent Yeah, sure. They’re in good course but yeah what we find is if the form looks unfamiliar to them and it’s not in the format that the current format yeah that there is a likelihood of rejection. Yeah, so sometimes I’ll call it my banker and say, yeah, we prepared that.

Scott James Matheson:

Know that the bank I was last with that we would historically tell someone if they provided a power of attorney, we would refer it to our legal department, have them review it before we would accept it. So I don’t think that’s just prudent that you are careful about what those are.

Paul Hamilton:

Absolutely. And, and that’s one of the things that we help our clients navigate is, you know, you know, I’ll say, okay, who’s the, who’s your attorney and I’ll, I’ll talk to them and let’s, let’s get some linkage and, and what-not. Cause, uh, lay folks out there trying to weave and bob through that system. Sometimes it gets tough.

Scott James Matheson:

Yeah. Well, I’ve always, I, one of the worst things I ever had to deal with was what about, uh, probates and what about this and what about that? You know, when things would come up about. Questioning someone’s validity of access to an account. Yes. And, and, and being even a banker, we consider ourselves lay people where those are concerned. So that’s why we defer to people like you.

Paul Hamilton:

Yeah. And I tell my friends in banking and what not to, to please use, uh, use me as a resource. If, if, uh, if you’re a banker out there and you’ve got a question about probate or estates or trusts or powers of attorney, I always want to, uh, make sure I can be, uh, a good partner in that and just, you know, and, and you don’t have to send me clients. I just want to, I just want to educate, to help educate and, and be a resource for you. Uh, if I can help you and your people. So, cause there’s a, you know, and there’s constantly, I was looking at the legislation that’s going through, I guess today’s the last day of the legislature. And, uh, you know, looking at all the things that are going through and every year there’s some, some type of law that tweaks something that, that has a ripple effect. And, you know, we’re monitoring those and keeping up with them. So if I can ever be of help in that regard, I hope that folks will reach out to us.

Scott James Matheson:

Well, and that’s something else that you do with your workshops is that these are free workshops to anyone who is interested in getting information, finding out how to take the next steps for themselves. And, uh, you do this, what, twice a month?

Paul Hamilton:

Yeah, we do it twice a month. We had a great one this week. We had a busy week. We had our annual client meeting on Monday. Wow. And, uh, our clients came together and we had, we covered a lot of great topics. And had a wonderful time and had some good, uh, food and fellowship together. And we didn’t talk just about, just about money and stuff. We also talked about legacy and values and how important that is to pass down to your loved ones as well uh, and then on Tuesday, we had our last workshop of the month where we talk about the seven threats to your estate plan. It was great. Love doing this Love sharing this information and knowledge with folks I do this I do it on the second and fourth Tuesday of each month Um, one of them is at 10:30 in the morning and one of them is at 3:30 in the afternoon so we can  Tuck it into your schedule. Uh, and that gives you the opportunity to figure out kind of what’s important to you and what may not be important to you. And then we follow that up with a one on one meeting where we kind of get in the weeds of, of your particular estate plan and give you some solutions and opportunities to see what you want to do from there. That’s when I ask you for money.

Scott James Matheson:

There you go. But, you know, but that’s just going back to your banking relationships and things like that. It’s when your banker starts asking you those questions that you don’t know the answer to. These are where you find out the answers. You go to these workshops. You find out what steps you need to take to make sure you’re in compliance with the law and that your families protected and your state and whatever it is, that it’s all protected.

Paul Hamilton:

Yes, absolutely. And yeah, and I love doing those workshops. They all have a different flavor because of the nature of the questions that are asked. And, uh, so I hope people avail themselves. We, uh, we put those dates on our, our calendar. It should be on our website. It is under, uh, um, that where you can log in and sign up online or you can give us a call and we’ll register you over the phone if you’d prefer to do it that way. But that’s the first step in our process. If someone wants to talk about estate planning, you know, we, uh, we do other stuff too. We also do a Medicaid crisis planning. If someone finds themselves in a situation with too many assets to qualify for Medicaid and find themselves. In an emergency situation, having to put a loved one in the nursing home. Uh, and we also do the probate and trust administration, which happens, you know, upon someone’s passing. Um, Teresa Sisco handles that. Um, she says, you know, she, she brings her dog to work. And so does Kristin Daugherty. And, uh, but Teresa likes to say we keep her in the back with the dogs and the dead people, uh, jokingly. But yeah, so, uh, but yeah, she’s fantastic at helping, uh, helping people navigate that process. And, uh, so I’ve got a great team of people that help us. We’re full throttle and, uh, looking forward to a great spring and rest of the year.

Scott James Matheson:

Yeah. Maybe we talk about that in one of our upcoming, uh, talks, uh, talking about really that aspect of your, of your work.

Paul Hamilton:

Would love to do that. Maybe I’ll bring Teresa in.

Scott James Matheson:

Absolutely. Anytime we’d love to do that. And that way get a little more in depth about. You know, that aspect of, of your practice of law, because we, I understand the, the estate planning and some of those things, and many of our listeners do, but maybe they don’t fully understand how to get through those next steps when you’re grieving and things like that as well, too.

Paul Hamilton:

Very important. And yeah, I’ll do that. We’ll, uh, we’ll see if we can’t get Teresa to come in here and she, uh, she’s not a big fan of radio or video, but, but I think that she would do just fine.

Scott James Matheson:

We’ll tuck her in the corner. I mean, she can check and it’s just like talking to you in the office. No big deal. Exactly. Paul, of course, uh, that Hamilton trust.law is where you can find the information phone numbers. 229 207 0850. That’s 207 0850. You can sign up for the workshop there. If you just don’t want to navigate the internet and gets you set up for your workshops, whatever works, fits into your schedule. And, uh, move on from there. Hey, I appreciate it. Have a very, uh, happy Easter and a wonderful trip. I know you got coming up, uh, over the spring break time, with the kids.

Paul Hamilton:

Yes. And happy Easter to all the listeners and have a great spring break.

Scott James Matheson:

All right. We’ll be right back after this. You’re listening to the morning drive on 1059 WVGA and online at Valdosta today.com. We’ll be right back after this on the morning drive.

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