Protect What Matters

Estate Planning Attorney in Bel Aire, KS

Estate planning for Bel Aire homeowners and retirees

Many Bel Aire families already have some kind of estate plan. It might be a will signed when the children were small, a trust set up years ago, or a set of forms from the internet. The question is whether that plan still works today. Advanced Legal Planning helps Bel Aire residents review what they have, fix what is out of date, and build a plan that fits this stage of life. We meet with clients at our Wichita office at 10300 W. Central, our Derby office, or virtually.

Is your old will or trust still doing its job?

An estate plan reflects the family, the laws, and the assets you had when you signed it. Over time, each of those can change. It is worth reviewing your plan if any of these apply:

Your will or trust is more than five to ten years old
A spouse, child, or named Executor or Trustee has died, divorced, or moved away
You have grandchildren you would like to include
You sold a home, bought a new one, or moved to Bel Aire from another state
You opened new accounts or changed retirement plans
A child or grandchild has a disability or receives government benefits

Our article on when to update your estate plan covers the life events that most often call for a review.

Retired Bel Aire Kansas couple reviewing their estate plan documents with an attorney

Was your trust ever funded?

A revocable living trust avoids probate only for assets titled in the trust. A common problem in older plans is a trust that was signed but never funded. The house may still be deeded in the owners' names, or bank accounts may never have been retitled.

If that happens, those assets may have to go through probate even though the family has a trust. Advanced Legal Planning reviews deeds, account titles, and beneficiary designations to confirm what is actually in the trust, and helps retitle anything that was missed. Our article on whether a trust actually avoids probate in Kansas explains why funding matters so much.

Who can step in if you cannot manage your affairs?

Estate planning in retirement also covers who can act for you if an illness or injury leaves you unable to manage your own affairs.

A general Power of Attorney names an Agent to handle your finances, property, and legal matters. A form signed many years ago may not include powers your family would need today, such as authority to work with your trust or carry out long-term care planning. Learn more on our financial power of attorney page.
A Healthcare Power of Attorney names a healthcare Agent to make medical decisions when you cannot. Our healthcare power of attorney page explains how it works with a living will.
A successor Trustee takes over management of your trust if you become unable to serve.

Without these documents, your family may need to go to court to get authority to act for you.

Retirement accounts and beneficiary designations

For many Bel Aire retirees, IRAs and 401(k)s make up a large share of their savings. These accounts pass by beneficiary designation, not by your will or trust. Qualified retirement accounts must stay owned by an individual during the account owner's lifetime, so they cannot be retitled into a trust and remain qualified.

For tax purposes, Advanced Legal Planning will often name a spouse as the primary beneficiary and the trust as the contingent beneficiary, so the assets can ultimately be funneled through the trust as intended. We review every beneficiary designation as part of updating your plan.

Thinking ahead about long-term care

Many people in their sixties and seventies start to wonder how they would pay for nursing home care, which can cost around $9,000 per month in Kansas. A standard revocable living trust does not protect assets from long-term care costs. For Bel Aire families who want that protection, Advanced Legal Planning also offers long-term care and Medicaid planning, including Medicaid Asset Protection Trusts. Our elder law and Medicaid planning page explains these options.

How the plan review works

1. Bring what you have. Gather your current will, trust, Powers of Attorney, deeds, and recent account statements.

2. Review meeting. We go through each document with you and identify what is out of date or missing.

3. Update or rebuild. Depending on what we find, we amend your existing documents or prepare new ones.

4. Confirm funding. We help make sure your assets are titled in the trust and your beneficiary designations match the plan.

Review your estate plan in Bel Aire

If your plan has been sitting in a drawer for years, now is a good time to make sure it still works. Call Advanced Legal Planning at (316) 252-2233 or schedule a consultation. Virtual meetings are available upon request. To see how the pieces fit together, visit our estate planning overview.

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Frequently Asked Questions

Is a will from another state valid in Kansas?

A will that was validly signed in another state is generally recognized in Kansas. It is still a good idea to have it reviewed, because terms, Executors, and property may have changed since you moved.

Can I update my trust without starting over?

Often, yes. A revocable living trust can usually be amended or restated. Advanced Legal Planning can tell you whether an amendment is enough or whether a restatement makes more sense.

Does a revocable living trust protect my home from nursing home costs?

Generally, no. Assets in a revocable trust are still treated as yours. Protecting assets from long-term care costs usually requires different planning, such as a Medicaid Asset Protection Trust set up in advance.

How often should I review my estate plan?

Every few years, and after any major change in your family, health, or finances.

Serving Bel Aire and northeast Wichita

Advanced Legal Planning serves families in Bel Aire and nearby communities, including northeast Wichita, Park City, Kechi, Valley Center, Andover, and Maize. Wherever you live in the area, our goal is to help you protect your home, your savings, and the people you love.

About Advanced Legal Planning, LLC

Advanced Legal Planning, LLC serves families across Kansas and Northern Oklahoma from offices in Derby and Wichita. The firm is led by Mark A. Galloway, Attorney at Law, who holds dual LL.M. degrees, one in Elder Law from the University of Kansas and one in Tax from Boston University. The firm helps families protect their homes, savings, and legacies for the next generation.