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The Elder Law Coach
Todd Whatley
59 episodes
5 days ago
Send us a text We unpack long-term care insurance through an elder law lens, from traditional policies and hybrid designs to short-term coverage that pairs with Medicaid timing. Clear frameworks help you advise clients on affordability, underwriting, and when a trust outperforms a premium. • Why a 70% care risk changes planning • Traditional long-term care insurance pros and cons • Hybrid annuity-life structures and payout design • Short-term coverage to bridge Medicaid penalties • Underwrit...
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All content for The Elder Law Coach is the property of Todd Whatley and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
Send us a text We unpack long-term care insurance through an elder law lens, from traditional policies and hybrid designs to short-term coverage that pairs with Medicaid timing. Clear frameworks help you advise clients on affordability, underwriting, and when a trust outperforms a premium. • Why a 70% care risk changes planning • Traditional long-term care insurance pros and cons • Hybrid annuity-life structures and payout design • Short-term coverage to bridge Medicaid penalties • Underwrit...
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Business
Education,
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Episodes (20/59)
The Elder Law Coach
Ep 56 How Elder Law Attorneys Guide Smart Long-Term Care Decisions
Send us a text We unpack long-term care insurance through an elder law lens, from traditional policies and hybrid designs to short-term coverage that pairs with Medicaid timing. Clear frameworks help you advise clients on affordability, underwriting, and when a trust outperforms a premium. • Why a 70% care risk changes planning • Traditional long-term care insurance pros and cons • Hybrid annuity-life structures and payout design • Short-term coverage to bridge Medicaid penalties • Underwrit...
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5 days ago
23 minutes

The Elder Law Coach
Epi 55 Shorten Your Elder Law Learning Curve from Five Years to One Weekend
Send us a text Ever wondered if there's a faster way to master elder law without years of costly mistakes? In this episode, Todd Whatley unveils his groundbreaking Transformational Weekend Summit, a revolutionary program designed to compress what typically takes years to learn into just one intensive weekend. Drawing from his 26 years as a practicing elder law attorney, Todd shares how his own journey took five painful years of trial and error to become proficient in elder law. Now, he's cre...
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2 months ago
15 minutes

The Elder Law Coach
Epi 54: Breaking Silos: How Attorneys and Financial Advisors Can Transform Client Experience
Send us a text Todd Whatley reveals the transformative power of attorneys and financial advisors working side-by-side to provide comprehensive elder law services that truly meet clients' needs. Drawing from 25 years of experience and recent success implementing this collaborative approach, Todd explains how breaking down professional silos creates superior outcomes and increases profitability. • The current system forces clients to shuttle between separate attorneys and financial advisors wh...
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6 months ago
18 minutes

The Elder Law Coach
Epi 53: Business Valuation Surprises: The $15 Million Estate Tax Oversight
Send us a text Analyzing a real client case reveals how proper business valuation prevented millions in estate tax liability for a family business succession plan. • Late 70s couple with three children (one running the family business) needed trust updates • Initial assumption: $6 million estate ($4M personal assets, $2M business) was non-taxable • Deeper analysis revealed business actually worth $15-18 million based on revenue multiples • Without planning, estate would face massive ta...
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6 months ago
25 minutes

The Elder Law Coach
Epi 51: When To Use (And When NOT To Use) Irrevocable Trusts For Your Clients
Send us a text Todd Whatley tackles the complex topic of irrevocable trusts in elder law practice, focusing primarily on Medicaid Asset Protection Trusts and when they're appropriate for clients. He draws on personal experience to provide practical guidance on implementing these powerful legal tools correctly. • Irrevocable trusts require relinquishing control and ownership of assets, making them subject to Medicaid's five-year lookback period • Many attorneys incorrectly structure these tru...
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7 months ago
30 minutes

The Elder Law Coach
Epi 50: Navigating Dementia: Legal Rights and Client Capacity
Send us a text Elder law attorneys regularly encounter clients with dementia, yet many misunderstand that a diagnosis doesn't automatically prevent someone from signing legal documents. Todd Whatley explains when and how individuals with dementia can execute valid legal documents and avoid unnecessary guardianships. • Understanding dementia as a progressive condition affecting memory and reasoning differently across stages • Document capacity depends on document risk – higher risk requires g...
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7 months ago
24 minutes

The Elder Law Coach
Epi 49: The Trustee Dilemma: Family vs Commercial Fiduciaries
Send us a text Todd Whatley continues his trust-focused discussion by exploring the critical yet often overlooked process of trustee selection. He examines why this decision deserves more attention than the typical "oldest child" default approach, emphasizing that being a trustee is a demanding job requiring specific qualifications. • Trustee responsibilities include managing assets, ensuring compliance with trust terms, distributing assets fairly, and handling administrative tasks • Commerc...
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7 months ago
21 minutes

The Elder Law Coach
Ep. 48 Uncovering Elder Abuse: Insights and Solutions with Leslie Albrecht
Send us a text Ever wondered what it takes to identify and combat elder abuse effectively? Join us as we sit down with Leslie Albrecht, a leading authority on elder abuse, who shares her transformative journey from her early days with the San Diego Police Department to establishing the pioneering Elder Abuse Unit in 2000. Leslie offers a candid look at the struggles of recognizing elder abuse as a criminal offense and the critical need for law enforcement training. Listen to her compelling in...
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9 months ago
47 minutes

The Elder Law Coach
Ep. 47 Simplifying Family Document Chaos with Trustworthy CEO Nathaniel Robinson
Send us a text Unlock the secrets to managing your client's family's essential information with the transformative insights from our special guest, Nat Robinson, creator of Trustworthy. Discover how this groundbreaking platform acts as a "family operating system," providing a secure and efficient way to organize, store, and share critical documents. Nat shares his personal journey to creating Trustworthy, inspired by the chaos families often face when handling important information. We explor...
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9 months ago
27 minutes

The Elder Law Coach
Ep. 45 Balancing Autonomy and Protection: Navigating Elder Law and Guardianship
Send us a text This episode explores the delicate balance between protecting the rights of elderly clients and preserving their autonomy in light of diminished capacity. Todd emphasizes the ethical responsibilities of elder law attorneys to advocate for their clients and the importance of legally empowering them through comprehensive powers of attorney. • Understanding the implications of diminished capacity • Importance of advocating for client autonomy • Ethical duties of...
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10 months ago
30 minutes

The Elder Law Coach
Ep. 46 Preserving Your Digital Legacy: Navigating Digital Assets in Modern Estate Planning with Todd Whatley
Send us a text Digital assets are becoming an essential component of estate planning, yet many clients do not realize their significance. This episode discusses practical steps and legal considerations for addressing digital assets in elder law. • Importance of planning for digital assets • Conducting a digital asset inventory • Challenges of accessing digital assets posthumously • Creating a digital asset access plan • Overview of RUFADA and its implications • ...
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10 months ago
20 minutes

The Elder Law Coach
Ep. 44 Mastering Probate Avoidance: Expert Strategies for Elder Law Practices
Send us a text This podcast episode emphasizes the importance of probate avoidance and explores various strategies to ensure smoother transitions of assets upon death. Todd Whatley discusses ethical estate planning practices, focusing on revocable living trusts, beneficiary designations, and joint ownership as ways to bypass probate. • Understanding the pitfalls of defaulting to probate • The role of revocable living trusts in estate planning • Benefits of using beneficiary desig...
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10 months ago
20 minutes

The Elder Law Coach
Ep. 43 Expanding Your Practice with Special Needs Trusts
Send us a text In this episode, we explore the vital role of special needs trusts in elder law, discussing their importance for families and how attorneys can incorporate them into their practices. With practical marketing strategies and insights, listeners learn how to serve this unique community effectively. • Understanding the significance of special needs trusts • Navigating client needs in the realm of elder law • The impact of financial advisors and CPAs on trust planning&n...
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10 months ago
25 minutes

The Elder Law Coach
Ep. 42 Insights from Todd on the 2025 Potential Shifts
Send us a text Discover the intricate world of estate and gift tax exemptions with Todd Whatley, the Elder Law Coach. What could the re-election of President Trump mean for your financial future? As Todd guides us through the potential shifts in estate planning, he delves into the looming reduction of the estate tax exemption from $13.61 million per individual to a potentially game-changing $5 million by 2026. With Congress's role unclear, Todd sheds light on the strategies you might need to ...
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11 months ago
29 minutes

The Elder Law Coach
Ep. 41 Mastering OKRs: Revolutionize Goal-Setting in Your Elder Law Practice
Send us a text Unlock the secret to revolutionizing your elder law practice's goal-setting strategy with Todd Whatley as your guide. Traditional methods often leave us short of our targets, but what if your objectives were not only clear but quantifiable as well? Through the power of Objectives and Key Results (OKRs), Todd shares insights on how you can set short-term, qualitative objectives and pair them with measurable key results. Discover how to elevate client satisfaction and improve res...
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11 months ago
28 minutes

The Elder Law Coach
Ep. 40 Turning Mistakes Into Mastery: The $6850 Letter
Send us a text What happens when a small oversight turns into a $6,850 lesson? Join me, Todd Whatley, on a journey through the complexities of elder law, as I recount an unforgettable personal story that underscores the critical importance of communication and documentation in the Medicaid application process. This episode isn't just about a mistake; it's about embracing errors as stepping stones to improvement and growth. Learn how the Community Spouse Resource Allowance (CSRA) plays a vital...
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11 months ago
15 minutes

The Elder Law Coach
Ep. 39. Spotting Trust Mistakes: Identifying Two Key Errors That Convert Clients
Send us a text Do you have trouble getting people to hire you to amend their trust done by another attorney? Are you creating trusts with terms that are not in your client's best interest? Unlock the secrets to effective trust management and protect your clients' interests with insights from Todd Whatley, a veteran in elder law. Discover why Todd advocates for creating new trusts over amending old ones and learn how this approach can safeguard assets from bankruptcy, divorce, laws...
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1 year ago
14 minutes

The Elder Law Coach
Ep. 38 The Future of Elder Law Part 2 - One Solution, Financial Planning
Send us a text Unlock the secrets to effective elder law and estate planning as we host Ian Weiner, a Certified Financial Planner, who shares his expertise on the critical risks of using templated legal documents and "do it yourself" financial advice. Discover why DIY and advisor-mediated estate plans often fall short and how improper documentation can lead to serious consequences. Ian and Todd Whatley expose the ethical concerns of financial advisors inflating legal service costs and stress ...
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1 year ago
27 minutes

The Elder Law Coach
Ep. 37 Trends in Elder Law - What is Coming?
Send us a text Discover the evolving world of estate planning and financial advising in our latest episode, featuring insightful contributions from Todd Whatley, the Elder Law Coach, and certified financial planner Ian Weiner. You won't want to miss Todd's candid apology for the delay in new episodes as he commits to more frequent and valuable content. Ian takes us through the types of financial advisors, emphasizing the fee-only model and the industry's shift towards comprehensive financial ...
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1 year ago
24 minutes

The Elder Law Coach
Ep 36 Maintaining Autonomy in Dementia: Navigating Guardianships and Powers of Attorney
Send us a text Discover the keys to safeguarding autonomy in the face of dementia and the intricate legal decisions that follow. As your Elder Law Coach, I, Todd Whatley, guide you through the murky waters of guardianships and powers of attorney, revealing how a dementia diagnosis impacts legal capacity and the crucial steps to maintain control over personal affairs. This episode unravels the ethical imperatives entwined with preserving one's independence, addressing the invasive nature of gu...
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1 year ago
27 minutes

The Elder Law Coach
Send us a text We unpack long-term care insurance through an elder law lens, from traditional policies and hybrid designs to short-term coverage that pairs with Medicaid timing. Clear frameworks help you advise clients on affordability, underwriting, and when a trust outperforms a premium. • Why a 70% care risk changes planning • Traditional long-term care insurance pros and cons • Hybrid annuity-life structures and payout design • Short-term coverage to bridge Medicaid penalties • Underwrit...