I talk to a lot of people who’ve heard about living trusts and are interested in using one, but they often tell me, “I just need something simple.” The truth is, there’s really no such thing as a simple trust. Trusts are legal instruments that require thoughtful drafting, and the language used in the document matters a great deal. However, the process of making a trust work—known as “funding” the trust—can actually be very straightforward.

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The Best Tool To Avoid Probate

A revocable living trust, or RLT, is a tool that many people use to avoid probate, maintain privacy, and ensure their assets are handled exactly how they want after they pass away. To make this happen, assets are retitled into the name of the trust during the lifetime of the person who creates it. This includes things like real estate, bank and investment accounts, stocks, bonds, life insurance policies, and personal property. When done properly, a trust allows your loved ones to bypass court involvement and access the resources they need quickly and easily.

Many people are surprised to learn that a trust can be both practical and cost-effective, especially if your goal is to simplify things for your family down the road. What might feel complicated at first can actually be one of the most efficient ways to manage your estate.

Let’s look at an example

Barbara is unmarried and owns her home. She also has a checking account and an IRA. Her two adult daughters are successful and financially secure. Years ago, Barbara went through the process of handling her father’s probate estate. While the estate wasn’t particularly large, the experience was stressful and painful due to disagreements among family members. Wanting to avoid similar conflict in her own estate, Barbara came to us for help.

We created a revocable living trust for Barbara and transferred her home into the trust. We also made sure her daughters were named as beneficiaries of her IRA and checking account. Now, when the time comes, Barbara’s estate will not need to go through probate. Her daughters will be able to access the funds they need to pay final expenses right away, and they can sell the home without court supervision or delay.

Trust-Based Plans Actually Save You (& Your Heirs) Money After You Die

Although this trust-based plan cost a bit more to set up than a will-based plan, it will save Barbara’s family thousands of dollars in court fees and legal expenses. Just as important, the trust is built to accommodate life’s changes, such as the possibility of Barbara becoming incapacitated, the death of a beneficiary, or the birth of grandchildren.

If you’ve been thinking a trust might be too complicated or too expensive, you may want to take a second look. With the right guidance, a trust can be the simplest and most thoughtful way to protect your legacy and take care of your loved ones.

If you’re ready to explore whether a trust is right for you, we’d be happy to meet and talk through the options that fit your life and your goals.

As the relaxed days of August unfold, we recognize it as National Make a Will Month—a perfect time to address an important task before the busy back-to-school season and holiday rush begin. Shockingly, about two-thirds of Americans lack any form of estate plan, whether it’s a will, trust, or powers of attorney.

August just happens to be National Make A Will Month. This month, JMS Law is dedicated to simplifying the process of creating an estate plan for as many individuals as possible across Rhode Island and Massachusetts. We’re here to help you get your plan in place with ease!

Actually, everyone has an estate plan

Did you know even if you have not made an estate plan, you have one? Without an estate plan, the state has a plan for you, whether you like it or not. The laws of intestacy will dictate how your assets are distributed to your legal heirs, and the probate court will appoint someone to manage your estate. These individuals—your heirs and administrators—might not be the ones you would have chosen.

Even more concerning, without a plan, you risk a court-ordered guardianship if you become incapacitated and unable to manage your own assets or healthcare. Don’t be part of the two-thirds who rely on default arrangements. Take control and create your own estate plan!

Reasons people don’t make a plan

Estate planning is a crucial task that many individuals know they need to address but often postpone. Several common reasons contribute to this procrastination:

Uncertainty about where to begin: For many, the sheer complexity of estate planning or simply not knowing who to consult for assistance leads to deferral.

Belief in insufficient assets: A common misconception is that one doesn’t possess enough assets to warrant an estate plan. However, even ordinary assets like bank accounts, vehicles, and personal property are subject to the probate process. Without a will or designated beneficiaries on accounts, probate can potentially consume a significant portion of an estate’s value.

Reluctance to confront mortality: While an uncomfortable truth, death is an inevitable part of the human experience, regardless of whether a plan is in place. Avoiding this reality doesn’t change its certainty.

Indifference to post-mortem outcomes: While some may express a lack of concern for what happens after their passing, establishing an estate plan can significantly ease the burden on loved ones during a difficult time. Considering the potential relief it offers, making arrangements seems a compassionate choice.

Types of plans we provide

At JMS Law, we create individualized estate plans, based on your needs and goals. We create wills and living trusts for individuals and married couples. We also draft property deeds, financial powers of attorney and healthcare documents. If long-term care costs are a concern, we also provide Medicaid planning.

We Make it easy to get your plan in place

Stop making excuses! Regardless of the value of your estate, you and your loved ones deserve the peace of mind that comes with a solid plan. We work with estates of all sizes and make the process convenient for you. You don’t even need to leave your home to get started – we offer virtual estate planning meetings. For document signing, we can accommodate you in one of our offices or even in the comfort of your own home.

When people think about estate planning, they often focus on what happens after they pass away. But planning for the “what ifs” of life is just as important. One of the most powerful tools for protecting yourself and your loved ones during your lifetime is a Durable Power of Attorney (POA).

A Power of Attorney allows you to legally appoint someone you trust (designated as your “agent” or “attorney-in-fact”) to act on your behalf in financial, legal, and even certain healthcare matters if you become unable to do so yourself. And while this might seem like something only older adults need, it’s actually a smart move for almost everyone.

Let’s take a look at 12 ways having a POA in place can protect you and your family:

1. Protects Against Incapacity in Older Adults

A sudden illness, stroke, or dementia diagnosis can leave an aging parent unable to manage daily tasks like paying bills or handling investments.

A POA ensures someone trusted can step in immediately without the need for court involvement.

2. Helps Young Adults Who Still Rely on Parents

Once your child turns 18, you no longer have automatic access to their medical or financial information. If your college-aged child gets injured or hospitalized, a POA allows you to assist with bills, school issues, and medical decisions.

3. Prepares for Medical Emergencies

Accidents and unexpected health issues can happen at any age. A POA ensures your affairs don’t come to a halt if you’re temporarily unconscious or hospitalized.

4. Avoids Costly Guardianship Proceedings

Without a POA, your loved ones may have to go to court to be appointed as your guardian or conservator if you’re incapacitated. This process can be expensive, time-consuming, and emotionally draining.

5. Allows You to Choose Who Acts on Your Behalf

With a POA, you decide who will manage your affairs, rather than the court. You can choose someone you trust and provide specific instructions for how you want things handled.

6. Protects Small Business Owners

If you own a business, having a POA ensures someone can sign contracts, access accounts, and keep operations running if you’re suddenly unavailable.

7. Ensures Continuity for Managing Investments

Your agent can monitor and manage investment accounts, make trades, and communicate with your financial advisor so your portfolio doesn’t suffer in your absence.

8. Enables Help with Government Benefits

Your agent can communicate with Social Security, Medicare, Medicaid, or the VA to help you apply for benefits, file appeals, or access needed services.

9. Handles Real Estate Transactions

Whether it’s buying, selling, refinancing, or paying taxes, a POA can empower someone to handle property matters if you’re away or incapacitated.

10. Covers Tax and Legal Matters

Your agent can work with the IRS, file tax returns, and sign important legal documents on your behalf.

11. Avoids Financial Disruption During Travel or Deployment

If you’re traveling for an extended period or serving in the military, a POA allows a trusted person to handle your finances and legal affairs back home.

12. Supports End-of-Life Planning and Care Coordination

When combined with a health care proxy and living will, a POA can ensure a smooth transition for managing your care, paying medical bills, and supporting your chosen end-of-life preferences.

Who Should Have a Power of Attorney?

In short, everyone over 18 should have a POA. Whether you’re a student, parent, business owner, caregiver, or retiree, a Durable Power of Attorney is a safety net that ensures your financial and legal matters don’t fall through the cracks if something unexpected happens.

Get Peace of Mind—Now, Not Later

The best time to put a POA in place is before you need it. You never know what the future holds, but with the right legal documents, you and your family can face it with confidence and clarity. Get started with my office by clicking the link below to schedule an appointment.

Let’s be honest — no one dreams of picking out a nursing home. But when the time comes, whether for yourself or someone you love, making the right choice can mean the difference between peace of mind and panic mode. The good news? With a little planning (and maybe a friendly estate planning attorney in your corner), you can make the process far less stressful — and even empowering.

1. Start Early — Like, Now

The best time to look into nursing home options is before you actually need one. When you’re not in crisis mode, you can tour facilities, ask questions, and weigh your options without feeling rushed. Waiting until a hospital discharge with only 48 hours to find a bed? That’s like apartment hunting with your eyes closed — in the rain.

2. Make a “Must-Have” List

Not all nursing homes are created equal, and what works for one person might not work for another. Start by thinking about what’s truly important. Ask yourself these questions:

1. What level of care is needed? (Assisted living, memory care, full skilled nursing?)
2. Is the facility close to family and friends who’ll visit often?
3. Are there nearby hospitals and specialists in case of medical needs?
4. What’s the social vibe like — do they offer activities and events?
5. Are religious or cultural needs taken into account?
6. What’s the staff-to-resident ratio? And do the staff actually stick around?

Proximity really matters — especially for maintaining relationships, making regular visits easier, and staying connected to the local medical community. Being closer to familiar people and places can make a huge difference in someone’s emotional and physical well-being.

You can also use tools like Medicare’s Nursing Home Compare (Medicare’s Nursing Home Compare) to check out ratings, inspection reports, and staffing details.

3. Go See It for Yourself (and Maybe Pop in Unannounced)

Those glossy brochures? Lovely. But a real-life visit — especially a surprise one — tells you much more. Is it clean? How does it smell? Do the residents seem happy and well cared for? How do staff interact with them? Trust your gut, your nose, and your instincts.

4. Understand the Cost — and How You’ll Cover It

Sticker shock is real. The median cost of a semi-private room in a nursing home is now over $11,000 per month. Here’s how most people handle the cost:

Long-Term Care Insurance: If you have it, now’s the time to dust off that policy. Just make sure it covers the type of care you’re considering — and note any waiting periods before benefits kick in.

Medicaid: Yes, Medicaid covers nursing home care — but it’s income- and asset-based. The rules are tricky, and mistakes (like giving away assets too late) can delay eligibility. Early planning helps you protect assets and avoid headaches.

Private Pay: Without insurance or Medicaid, it’s out-of-pocket. That can drain savings fast. It’s smart to understand what you’re agreeing to — and what other resources may be available.

5. Talk to an Estate Planning Attorney (Hi, That’s Us!)

This isn’t just a financial decision — it’s a legal one, too. We can help you navigate Medicaid eligibility and protect your assets, legally. We will also review your long-term care policy, prepare or update your powers of attorney and healthcare directives, read the fine print on those confusing admissions agreements, and set up trusts or other planning tools to minimize risk.

We’re not here to sell you anything — just to make sure your legal ducks are in a row and your choices are respected.

6. Watch for Red Flags 🚩

Some things should raise your eyebrows — and possibly your blood pressure:

🚩Facilities that demand a family member personally guarantee payment

🚩Vague or missing cost breakdowns

🚩A history of health and safety violations (check those inspection reports!)

🚩High staff turnover or negative online reviews from families

Choosing the right nursing home isn’t easy — but it can be

Choosing the right nursing home isn’t easy — but it can be manageable, and even empowering, when you’re prepared. A little early planning, some solid research, and the right support can help you make a decision that brings peace of mind to the whole family. Click below to schedule a meeting with a qualified Rhode Island estate planning attorney.