Cutler Law Office, LLC

05/25/2026

This Memorial Day, we honor and remember the brave men and women who gave their lives in service to our country.

We are grateful for their sacrifice and extend our heartfelt appreciation to all who have served and the families who continue to carry their legacy.

Wishing everyone a safe and meaningful Memorial Day. 🇺🇸

— Cutler Law Office

05/25/2026

Cutler Law – Estate/Elder Law Myth #4

“If a person goes into a nursing home, they take all of his/her assets.”

This is one of the most common fears I hear from families.

The reality is that a nursing home does not simply “take” your assets. However, you are generally expected to use your own income and assets to pay for your care. And with nursing home costs often reaching $12,000 per month or more, the financial impact can be overwhelming for many families.

That’s why planning matters.

Whether you are 45 years old helping a parent navigate a sudden health crisis, or you are planning for your own future, the right planning can make a tremendous difference for your family.

There may be legal options available to help protect assets for a spouse living at home or preserve assets for children and future generations. But timing is critical.

One thing I have learned over the past 24 years is this:
Families are almost never emotionally prepared for the moment nursing home planning becomes necessary. Even after helping clients through these situations for decades, going through it with my own family recently gave me an entirely different perspective.

The earlier you plan, the more options you may have.

Don’t wait until a crisis happens to ask what could have been done differently.

Experience Matters.

For informational purposes only. Not legal advice.

05/10/2026

04/25/2026

Cutler Law – Estate/Elder Law Myth #3

“If I’m married, my spouse will automatically own everything when I pass away.”

It sounds logical—if you’re married, your spouse should automatically inherit everything. Unfortunately, that’s not always how it works.

Even when assets are titled in both names, they don’t always pass directly to the surviving spouse. In some cases, probate may still be required.

For example, consider a camper or titled trailer owned in both spouse’s names. These assets do not automatically transfer to your spouse unless the title specifically includes “WROS” (with rights of survivorship). Without that designation, a portion of the asset may have to go through probate before full ownership can pass to the surviving spouse.

And this isn’t limited to one type of asset—different assets follow different rules when it comes to avoiding probate. The key takeaway: transfers are not automatic.

Proper planning is essential to ensure your assets pass smoothly and efficiently to the people you intend.

Experience Matters

For informational purposes only. Not legal advice.

03/26/2026

Cutler Law - Estate/Elder Law Myth #2:

“I don’t want to pay lots of taxes upon death.”

Many clients I meet with say they want to avoid taxes at death, but they often mean they want to avoid probate costs.

Estate (death) taxes only apply to estates with assets over $15 million in 2026, so they aren’t a concern for most people. Costs associated with the probate process, however, typically run in my experience about 4–6% of the assets that go through probate.

As you can see, it is not estate taxes that most of us should be worried about. Avoiding probate costs should be the important consideration.

Probate is the court process upon death for transferring assets without a named beneficiary, and different assets require different methods to designate beneficiaries. Problems often arise when beneficiaries aren’t named at all on an asset. However, problems can still arise with naming a beneficiary but not doing the careful planning needed with that beneficiary designation.

With thoughtful estate planning, you can help your assets avoid probate AND pass directly to your INTENDED heirs.

Experience matters

For informational purposes only. Not legal advice.