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What is a Certified Elder Law Attorney?
A
Certified Elder Law Attorney by the National Elder Law Foundation has the advanced training and experience
in all matters of estate planning included but not limited to;
- long-term financial planning,
- the effects of state and federal income and death taxes on your estate,
- public entitlement programs such as Medicaid, Medicare and Social Security, and
- the
conservation, disposition and administration of an elder person's estate with the proper utilization of such tools as:
- Wills
- Trusts
- Powers of Attorney
- Guardianship Administration
What are the qualifications for becoming a Certified Elder Law Attorney?
The
minimum standards for certification as a Certified Elder Law Attorney
by the National Elder Law Foundation are set out in Section 5 of the
Rules and Regulations adopted by the National Academy of Elder Law
Attorneys (NAELA).
In order to qualify for certification, all of the following requirements must be met:
- Must be licensed to practice law in at least one state
- Must have practiced law for five years immediately preceding application
- Must be currently practicing law
- Must
be either a member in good standing of the bars in all places in which
you are licensed or have been a member in good standing at the time any
license was voluntarily surrendered
- Must have spent an average of at least 16 hours per week practicing elder law for three years preceding applcation
- Must have handled a minimum of 60 elder law matters during those three years
- Must have participated in 45 hours of continuing legal education in elder law during the three years preceding application
- Must
submit the names of five references from attorneys who are familiar
with attorney's competence and qualifications in elder law
- Must sit for the certification exam within two years of filing application
Glenn
A. Deig meets all of these standards and has been declared a Certified Elder Law Attorney by The National Elder Law
Foundation.
What are the qualifications for becoming an Estate Administration and Probate Specialist?
In
order for an attorney to become an Estate Administration and Probate
Specialist, he or she must have the following qualifications and apply to the
Estate Planning and Administration Specialty Certification Board of the
Indiana State Bar Association:
- A
Board
Certified Indiana Trust and Estate Attorney must devote an average of
at
least 500 hours per year (at least 25% of the attorney’s yearly
workload)
in estate and trust law and accumulate at least 5,000 career hours in
the subject. Elder law is a highly specialized field; very few
attorneys meet the requirements to become a Board Certified Indiana
Trust and Estate Attorney.
-
The certification rules require these specialized attorneys to spend
much
more classroom time each year than general practice attorneys.
Ordinarily, attorneys in Indiana must spend at least 36 hours in a
classroom setting on their
choice of subjects and at least 3 classroom hours every 3 years
studying ethics law. A certified specialist must get the 3 ethics hours
too, but must also attend at least 45 classroom hours every 3 years in
specialized study. As a result, a certified specialist in estate and
trust law must spend 3 more classroom hours every year than a normal
attorney and must spend all of that time studying estate, trust, and
guardianship subjects. Naturally, this intensified training forces a
certified specialist to maintain a much more complete and current
understanding of the subject.
-
Certification candidates must pass a very complex all day written test
on: property law; will drafting and execution; intestate wealth
transfer; gifts; life insurance and annuities; trust law; estate
administration procedures for deceased Indiana residents and residents
of other states; elective decisions for tax and estate administration
purposes; income taxation of estates, trusts, and beneficiaries;
estate, gift, and generation skipping transfer taxes; inheritance taxes
and related topics; capital gains taxation; rules of professional
conduct; wealth transfers through multi-party accounts, transfer on
death accounts, and retirement plans; Uniform Transfer to Minors Act;
estate, trust, and guardianship litigation; and documents for
incapacity planning and guardianship. The Trust and Estate Specialty
Board offers the test about every other year and only about 60% to 75%
of eligible candidates pass it.
Glenn
A. Deig has completed all of these qualifications and examinations and
has been certified as an Estate Administration and Probate Specialist
by the Board of the Probate, Trust and Real Property Section of the
Indiana State Bar Association.

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