Elder Law

What to Expect in the Estate Planning Process

What to Expect in the Estate Planning Process

Estate Planning Principles

Estate Planning Principles

Probate Avoidance Techniques

Probate Avoidance Techniques

Medicaid and Long-Term Care Planning

Medicaid and Long-Term Care Planning

Considerations for Second Marriages

Considerations for Second Marriages

Frequent Estate Planning Mistakes - Planning for a Mental Disability

Frequent Estate Planning Mistakes - Planning for a Mental Disability

Frequent Estate Planning Mistakes - Disclosing Estate Plan to Children

Frequent Estate Planning Mistakes - Disclosing Estate Plan to Children

Frequent Estate Planning Mistakes - Creating Separate Shares for Minor Children

Frequent Estate Planning Mistakes - Creating Separate Shares for Minor Children

 Frequent Estate Planning Mistakes - Naming Children as Fiduciary of Estate

Frequent Estate Planning Mistakes - Naming Children as Fiduciary of Estate

Frequent Estate Planning Mistakes - Protecting the Integrity of the Estate Plan

Frequent Estate Planning Mistakes - Protecting the Integrity of the Estate Plan

Asset Protection Strategies

Asset Protection Strategies

Farm and Family Business Succession Planning

Farm and Family Business Succession Planning

Estate Planning and Probate

Estate Planning and Probate

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Foulston Siefkin attorneys have substantial experience in providing the full breadth of elder law services. The firm provides traditional estate planning services as well as advice and counseling with respect to a wide range of legal issues that affect the elderly. These issues include governmental resource planning (including Medicaid and planning for Supplemental Security Income (SSI)), social security, distributions from qualified retirement plans and individual retirement accounts (IRAs), conversion of regular IRAs to Roth IRAs, long term care insurance, long term care contracts, marital rights and legal benefits issues, elder care and representing clients in conservatorship and guardianship proceedings. Additionally, Foulston Siefkin serves the elderly by providing individually tailored estate planning documents, including wills, revocable, testamentary and inter vivos trusts, powers of attorney for business and financial decisions, powers of attorney for health care decisions and living wills.

Our elder law services are provided by the firm's Estate Planning and Probate group, which takes pride in providing streamlined, efficient estate planning and elder law advice while emphasizing the family harmony goals of clients throughout the estate planning process. Foulston Siefkin lawyers frequently speak and write on elder law matters and are active and have held leadership positions in elder law and estate planning professional organizations, including the National Academy of Elder Law Attorneys (NAELA), the Real Property, Probate and Trust Sections of the American Bar Association and Kansas Bar Association, and the American College of Trust and Estate Counsel (ACTEC). Our lawyers are also active in civic affairs, serving in numerous capacities on various community organizations.
Areas of Representation
Governmental Resource Long-Term Care Planning
Medicaid
Medicare
Social Security
Veterans Benefits
Elder Rights
Consumer Protection
Elder Abuse and Fraud
Age Discrimination in Employment
Housing
Disability Planning and Related Documents
Guardianships and Conservatorships
Durable Powers of Attorney for Disability, Financial and Health Care Decisions
Do Not Resuscitate Directives (DNRs)
Living Wills
Long-Term Care Insurance
Long-Term Care Contracts
Estate Planning Documents and Related Planning
Wills
Revocable Trusts
Special Needs Trusts
Testamentary Trusts
Charitable Trusts
Family Harmony Preservation Strategies
Probate Avoidance Techniques
Irrevocable Trusts
Private Retirement Income Planning
Qualified Retirement Plans and IRAs
Gifting Programs
Charitable Giving
Life Insurance Planning
Premarital and Postmarital Agreements
Marital Planning
Premarital and Postmarital Agreements
Advice Regarding Effect of Marriage on Legal Rights and Obligations, Taxation and Governmental Benefits
Business Succession Planning
Corporations
Partnerships
Family Limited Partnerships (FLPs)
Limited Liability Companies (LLCs)
Sales to Third Parties
Transfers to Family Members
Buy/Sell Agreements
Estate & Trust Administration
Representing Fiduciaries: Trustees, Executors, Guardians, Conservators, Administrators, Personal Representatives
Representing Estate and Trust Beneficiaries
Mediation
Court Proceedings, Mediation and Litigation
Taxes
Gift Federal Tax Returns
Federal & State Income, Estate and Inheritance Tax Returns
Related Links
  • The firm has represented a great number of individuals who have needed elder law advice in the following areas: •Medicaid eligibility • Medicaid planning • Medicaid appeals • Special Needs Trusts • Long Term Care • Family Harmony Preservation Strategies • Marital Rights • Family income shifting • Life insurance trusts • Tax planning • Asset protection • Planning for qualified and non-qualified employee benefits including rollover IRAs, and suitable payouts and beneficiary designations • Advice to resident and non resident aliens on estate and income tax matters • Structuring of investments • Estate and gift taxation • Situs wills • Family Limited Partnerships (FLPs) and Limited Liability Companies (LLCs).

  • We have performed extensive work in the administration of estates and trusts including: • Post mortem income tax planning • Controversies with the Internal Revenue Service • Will contests • Will and trust construction suits • Settlement of complex estate matters.

  • Foulston Siefkin has provided advice regarding marital property issues, including: • Planning for community and separate property • Negotiation and drafting of premarital and prenuptial agreements

ISSUE ALERTS

2012

Impending Estate & Gift Tax Changes in 2013

ARTICLES

2011
Drafting Support and Discretionary Trusts: Navigating the Perils and Possibilities
-KBA Plaza Lights

2010
Achieving Family Harmony in Estate Plans/ Practice Tools & Trust Provisions
-NAELA Elder and Special Needs Law Annual Meeting

2009
Resting in Pieces: Traditional Estate Planning Fosters Family Disharmony
-NAELA News
Kansas Estate Planning
-Foulston Siefkin Press

2008
Co-Author,Closely-Held Business in Estate Planning Treatise
-Aspen Publishers, Inc.

2007
Family Harmony: An All Too Frequent Casualty of the Estate Planning Process
-Marquette Elder's Advisor
2007
Presentation on Uniform Trust Code (Five State American College of Trust and Estate Counsel (ACTEC) Meeting (Kansas City))
Recent Estate Planning Developments and Medicaid Planning (Professional Advisors Seminar (Pittsburg, KS))
Recent Estate Planning Developments (Wichita Estate Planning Council)