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 (May 2nd, 2024)

Transcript

Scott James Matheson:

Good morning. Welcome back to the morning drive. It is just minutes after the eight o’clock hour. It is Thursday, May the 2nd, joining us in studio, Paul Hamilton of Hamilton Estate, trust, and elder law, get all that stuff out there. Good Paul. It’s good to see you again.

Paul Hamilton:

Good to be here.

Scott James Matheson:

Yeah. Uh, we were just talking about, uh, I was off last week. Somebody called in a minute ago and said, hey, I didn’t know you were, were you sick or something? I said, no, no, just vacation. It was a blast though. I went down to Key West, and we were just, you, you do a lot of, uh, Cruising and things like that and you get down to some of the islands and whatnot, so have you been to Key West?

Paul Hamilton:

I have not in that I want to go there. So, hearing about your travels Sparked an interest in in trying to do that.

Scott James Matheson:

Yeah, a lot of people they some of the cruise lines do stopovers.

Paul Hamilton:

Yeah,

Scott James Matheson:

Now they don’t like cruisers. They don’t Key West They don’t like keep cruisers because they you know, you get You know, a thousand people and all of a sudden, they’re in Key West out right there. And there, they get a half a day or a day in, in the port. And so yeah, places like the Hemingway House Museum and some other places just get backed up where they like this idea of fewer people. They like a lot of people, but fewer. When they don’t inundate them all at one time. So that was, we took the ferry from Fort Myers to Key West and then stayed at an Airbnb. Yeah. We had a blast. Yeah, absolutely. And I highly recommend it. There’s a lot of cool stuff to do, but like anything, it’s one of those places, probably when you see it, you’ve seen it. Yeah, I may or may not go back. Niagara Falls. Yeah, you’ve seen it. You’ve done it. Hey, I’ve been to Key West. Uh, but, uh, yeah, it’s a lot of, it’s a lot of fun. I enjoy doing it. I know you love to travel too.

Paul Hamilton:

I do, I do. Looking forward to a full summer of it. We’ve got a lot of fun stuff planned.

Scott James Matheson:

Wow. Uh, and yeah, we’ll, we’ll adjust accordingly too for, uh, your appearances on here. I’m sure, uh, as you were very accommodating last week, cause you normally would have been here last week. That’s right. So, but anyway, it’s all good. And of course, Hamilton estate, trust and elder law, you guys, uh, we talk about a estate planning and all those different things, but sometimes ocusing on the elder law part of your practice. Right. Is things that, uh, kind of when things have gone bad or there’s a problem and issues you got to take care of. After the fact is something else you too specialize.

Paul Hamilton:

Yes. Yes. We, uh, so, you know, that’s, uh, that’s typically referred to as if you have a will, then we do the probate process after someone passes, or if you have a trust, we do the trust administration piece. So those are, are, are two very, uh, important facets because then, then the plan that, your loved one has worked, uh, diligently to put into place to make sure that their loved ones are protected. That’s when, that’s when it goes into effect for the, uh, the individuals that the stuff is passed down to. Um, and in many cases, we can put protection around that for the loved ones, that you leave it to as well, which can be important. Uh, I like to, uh, I like to share the story, uh, one in particular where this actually came into play, where, uh, uh, parents set up a trust and it was an asset protection trust they passed and they set up to, uh, I colloquially would call them baby trust, uh, they’re legally, they’re called separate share trust for the children. And he set up one for the. Uh, son and one for the daughter and, and both parents pass, uh, in the, in the, in the, um, son and daughter both were co-trustees together of each other’s trust, because that gives you even more protection against creditors. Right. Well, the, the sister, uh, goes to the brother and says, hey, my husband and I are retiring.  We’re going to go down to Destin. We’re going to get a condo. Mm hmm. And, uh, I need money out of my trust to buy the condo and he says, well, sister, don’t do that. And she gets upset real quick because he’s like, well, look, daddy told me that you couldn’t tell me what to do with my trust and I’m going to fire you as my co-trustee and hire somebody else. He says, sister, that’s not what I’m saying. I’m saying what I’m suggesting is use the money that’s in your trust. To buy the condo and that way the condo remains in your trust, and we can pay the HOA fees and other expenses out of the trust. She says, Oh, I’m sorry, brother. I’ve jumped the gun. I see what you’re trying to do now.

So, she, so the, her trust actually buys the condo, um, and her and her husband moved down to, to Destin and she takes up gardening. He’s always been a big golfer, so he spends a lot of time on the golf course. And, uh, he, uh, he particularly likes the 19th hole. Okay. The bar where he meets Bambi, the bartender. So, he meets Bambi, the bartender, and decides he falls in love with her and comes home to the wife and says, here’s my divorce papers. I’ve fallen in love with bomb, uh, Bambi, the bartender. We’re getting matching tattoos and matching Harleys and going out to California. I want half of everything, including the condo. Yeah. And she looks at him. She says, well, buddy, don’t let the door hit you in the rear end. And you can go, but you’re not getting half of anything because I don’t own anything. My trust does, including this condo. So, you know, mom and daddy are in heaven looking down and happy and knew when he was a rascal the whole time but knowing that the planning that they did actually protected their daughter from an unforeseen, experience, uh, where that property could have been subject to a divorce, uh, uh, uh, split and whatnot. So, there are some amazing things that you can do to protect your loved ones.

Scott James Matheson:

Yeah. Interesting. But then you also will catch people on the backside who didn’t plan and now have to make some adjustments and things like that. Your firm also can handle that.

Paul Hamilton:

Yes, absolutely. There there’s folks that, uh, that didn’t, that died without a will. Yeah. Uh, and, and, you know, the, the, the thing that you’re, you’re, uh, you’re dealt with then is, is you got to use the government’s rules. Um, and if you haven’t made a plan, the state of Georgia has one for you. So, so then we have to go by, by the rules and, and a lot of people think in Georgia that if you die, everything immediately goes to your spouse. But that’s not always the case. No, uh, by law, your, your spouse is entitled to no less than a third. Uh, so it gets a little tricky if you have a spouse and one child, they each split it. If you have a spouse and four children, well, those four children Two thirds. And then the spouse gets at least one third. So, uh, you know, your spouse doesn’t always get everything if you’re married and don’t have a plan. Yeah. cause we got to follow the Georgia, it’s called the intestacy laws. Um, and, and, you know, if you have a will, then we have to go to the court and ask the court to let us do the will. And, and you hope that you don’t have anybody object. Yeah. So, and in most cases that, that goes without a hitch, but I have seen some cases where, where, uh, someone files a challenge to it, uh, had a case, uh, recently, uh, I took and, uh, we filed the, to probate the will and, and, uh, some of the chem folks said, nope. We object and, uh, and you know, Bill and some of the listeners may know that I don’t do litigation. I’m not a, I’m not a fighter. Uh, so I’m, I’m, I’m here to bring peace and make sure everything goes as planned. But so, when they filed a caveat, I, uh, I had to find my place. people, a litigator that could, that could litigate that piece. Um, so, so yeah, that, that’s an important component. And, uh, Teresa Sisko at our office is our probate and trust paralegal. And she does a fabulous job. She’s been doing this 20 plus years and she knows the ins and outs and all the different things that, that we have to do, uh, to, uh, To move stuff from, uh, the deceased into, uh, whoever, uh, their heirs are, or whoever they left it to in their will, or, um, creating the, uh, the baby trust, the separate share trust for children and other loved ones.

Scott James Matheson:

Yeah, absolutely. Uh, and now one of the ways that you get ahead of those things is go into your workshops. Uh, you’ve got those twice a month. You do those and you can sign up for those. They’re absolutely free. And if you do attend those, you get your first consultation free.

Paul Hamilton:

That’s right. The, uh, the workshops are an opportunity to get information.

Uh, I feel like it, I feel that it’s important to share information before we sit down one on one to, uh, to talk about your plan. I want to expose you to different concepts, uh, of estate planning and, and let you then decide what’s important to you. Uh, and we do those workshops on a second and fourth Tuesday of each month. On the second Tuesday, we do them at 10:30am. And on the fourth Tuesday, we do them at 3:30pm. So we can, we can catch different people for, uh, for work issues and whatnot. So, uh, and then after that, I meet with you one on one, uh, and we do it. I do waive my consultation fee for that. If you’ve attended the workshop, cause it’s that important to me that you go to it. I want to incentivize people. To go to that workshop and, uh, and get the learning and, and it’s, uh, it’s fun too. I tell people it’s fun. It goes by fast, and you learn a lot. Uh, and, and I get good, good feedback on that. Whether you wind up moving forward and doing a plan or not, you know, I find that people that come to that, if someone doesn’t move with, move along with us, they wind up telling a friend or a neighbour or another family member. So, uh, I’m glad that we’re able to get that information out in the community and share it.

Scott James Matheson:

Like I said, it’s one of those situations where there’s no obligation but you then at least have the information, you know What steps need to be taken so that you don’t find yourself in those positions where? You’ve got to deal with the state’s laws and not the things that you want to set up It’s a lot simpler. I think than a lot of people give it credit for now, obviously Uh, not everybody can do it, but, and you went to college so that you’d learn how to do this. Oh yeah. But it is a bit more for the person going through it with a good attorney at their side is a lot simpler than what people think.

Paul Hamilton:

Yeah. We get a lot of people that tell us, I’m just so glad that y’all could take us through this process. Yeah. And as we have, as we lead into, uh, as we move into graduation season, Folks, your kids are about to turn 18. And guess what that means? Yeah, they are going to be legal adults and you can’t just go up and say, hey, I need to see Johnny’s records. Yeah. Uh, you know when they become 18, they are the, uh, possessor of their records. So, there’s certain things you need to think, be thinking about. And, uh, maybe we’ll do something for some.

Scott James Matheson:

Yeah. And I was thinking too, you’re, you’re getting close to that too, with, with, with where your oldest son, my grandson will be. But by the time that before he gets out his senior year, he’ll be 18 years old.

Paul Hamilton:

Yeah. Henry turned 17 the next week. So, we’ve got one more year and I’m going to be saying, son, sign here so I can get your records, you know, in case, uh, in case I need them for any reason and to make, you know, and they need an even 18-year-olds, you know, they become adult, adult decisions. Who’s going to be my healthcare agent. If I can’t make medical decisions, what would I want if I was in certain conditions?

Scott James Matheson:

And I think too because I had a family that we were. friends with that had a special needs child that, you know, you don’t think of them turning 18. In many cases, you can help with that, too.

Paul Hamilton:

Absolutely. Yes, that’s something that we can certainly help with as well.

Scott James Matheson:

Yeah, because so always keep aware, even though you may have a special needs child that you think, well, They’re, they’re not, uh, uh, you know, of adult, uh, responsibilities, but they do turn 18 and they are adults. So sure. Absolutely. Absolutely. Uh, Paul, as always, you can go to Hamiltontrust.law to find out more information. If you don’t like the internet, I had a lady call today. She said, I just don’t I would search for something, but I didn’t use the internet. I went to the encyclopedia. Oh, wow. You are old school. So, if you’re old school and want to use the telephone, that thing that’s attached to your wall, 229 207 0850 or the cell phone, of course, obviously will work, but yeah, I was amused at that. She said, no, I went old school.

Paul Hamilton:

I had a fellow client of mine from North Georgia, and I set up a, a zoom meeting with him and, He said, you know, back before when we did that zoom meeting, my wife was still working and she had access to all this, but I’m a, I’m a brick Mason and we don’t, we don’t do that. So, we did good old telephone call and telephone call does just fine. If, uh, if you don’t like to do all that internet stuff,

Scott James Matheson:

Yeah. Sign up for the, uh, the free workshops, 229 207 0850. You get a person. When you call that number, you do absolutely no robots in our office. Great stuff. Paul again. Thanks for joining us and look forward to seeing you in a couple of weeks.

Paul Hamilton:

Yes. Looking forward to it. Thanks.

Scott James Matheson:

All right. We’ll be right back after this. You’re listening to the morning drive on 1059 WVGA. We’ll be right back after this.

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