The Elder Law Coach

The Elder Law Coach

Todd Whatley is a Certified Elder Law Attorney, practicing attorney and now the Elder Law Coach. His passion is to help attorneys become proficient Elder Law Attorneys. He still practices law with over 22 years of experience with offices in two states. He is the Past President of the National Elder Law Foundation, the ABA accredited certifying organization for the ABA. He LOVES working with new and experienced attorneys to help them have the best job in the world and help a great population. Visit him at www.TheElderLawCoach.com. This podcast was formally known as Elder Law in a Box.

Episodes

May 7, 2025 18 mins

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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 forc...

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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 bas...

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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&ap...

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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 st...

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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...

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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 n...

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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, inspire...

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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 ac...

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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 
• Importa...

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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 t...

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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 <...

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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 r...

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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 re...

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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....

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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...

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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 c...

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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 f...

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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 preser...

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Embark on a journey with me, Todd Whatley, as I sit down with the exceptional Samantha Shepherd, a beacon in the world of elder law and founder of Assured Trust. Our latest Elder Law Coach podcast episode promises to unveil the complexities of trust management through the lens of Samantha's admirable mission to provide fiduciary services rooted in compassion—a calling that came to fruition amid the unpredictabili...

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Embark on a journey through the complex landscape of Elder Law with me, Todd Whatley, as your guide. Together we'll uncover the benefits and drawbacks of Irrevocable Trusts, a critical tool in asset protection. This episode promises to illuminate the path for safeguarding your clients' assets from Medicaid, while carefully considering the irreversible sacrifices that come with it. You'll gain insights i...

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