with Estate Planning and Real Estate Attorneys Stephen Howitz and Pedro Hernandez
Getting Your Affairs in Order: Estate Planning and Real Estate Guidance for Families
Getting your affairs in order as well as planning ahead can feel uncomfortable, but it can save your family a lot of stress later. In this episode of Healthcare Redefined, we sat down with attorneys Pedro Hernandez (mindful real estate and litigation attorney) and Stephen Howitz (probate, trust, and estate planning attorney) from Zimmer and Rens, LLC. Together, they shared practical, plain-language guidance for families who want more clarity, fewer conflicts, and a smoother path when health changes—or a crisis—hits.
Here is a quick clip from the podcast.
Quick reminder: This conversation is for education only and is not legal advice. Laws and options can vary by state, so always talk with a qualified attorney in your area.
Why estate planning matters (especially for caregivers)
Stephen put it simply: estate planning isn’t a question of if you’ll need it—it’s a question of when. And the one thing none of us can “buy” is time. A sudden illness, a fall, or a car accident can instantly change who needs to make decisions and how fast.
Both attorneys emphasized that powers of attorney (POA)—for healthcare and finances—are often the most important documents to have during your lifetime. Without them, families may be forced into a guardianship process that can take months, cost thousands of dollars, and may result in the court appointing someone you would not have chosen.
Guardianship vs power of attorney: the “hard way” vs the “easy way”
If a person becomes medically incompetent, they can’t sign new legal documents. That’s when families may need guardianship.
Pedro described guardianship in very basic terms: it’s a court process to decide who can make the best decisions for someone who can no longer make decisions for themselves. Stephen added that it usually begins with an examining physician’s report stating the person is incapacitated.
A key point caregivers should know: during guardianship, a temporary guardian may be appointed quickly—sometimes a family member, but sometimes a facility social worker or another entity. That’s why Stephen stressed that a POA lets you choose someone you trust ahead of time.
What “estate planning” actually includes
Pedro offered a helpful definition: estate planning is a plan for anything you own and also a plan for what happens to you if you can’t make decisions.
That can include:
- Real estate (homes, land)
- Bank accounts
- Retirement plans
- Life insurance
- Investments (stocks, bonds)
- Benefits you may need (including Medicare and other assistance)
- Personal and sentimental items you care about
Wills vs trusts (and why “title” matters so much)
Stephen explained that a will and a trust can both direct what happens after death—but not every asset is controlled by a will or trust. Many assets pass based on how they are titled or assigned.
Examples of assets that may pass outside a will:
- Life insurance with a named beneficiary
- Jointly titled accounts
- Payable-on-death accounts
- Certain deed transfers (depending on state)
Revocable vs irrevocable trusts
- Revocable trust: you can change it and move assets in/out during your lifetime.
- Irrevocable trust: you generally cannot change key parts; the trust owns the assets (often used for Medicaid planning, disability planning, and some funeral trusts).
Stephen also shared a common mistake: people create a trust, but don’t fund it (they don’t retitle assets into the trust). An unfunded trust can lead to extra time, extra work, and extra fees later.
After death: why access to money can get complicated fast
One practical reality Pedro highlighted: families can be “strapped for cash” right after a death—especially for funeral costs—yet still be unable to access the loved one’s bank account.
If you are not named on the account (or not a beneficiary on a policy), institutions may be required to shut you out until there is legal authority in place. Stephen added that even if a will names you as executor, you typically must still be appointed by the court before you have full legal power.
Real estate and the family home: the biggest asset (and often the biggest headache)
When a parent dies, the home can create urgent pressure:
- Mortgage payments still come due
- Utilities need to stay on
- Vacant homes can increase insurance costs and risk of burglary
Both attorneys repeatedly came back to one theme: how the home is titled can change everything.
Pedro gave examples of how titling can affect outcomes, especially for unmarried partners:
- Joint tenants in common may lead to a person’s “share” going through probate.
- Joint tenants with right of survivorship can allow the property to pass directly to the surviving owner.
Stephen also warned families to be careful about adding children to the deed during a parent’s lifetime. Once ownership is transferred, it may be hard—or impossible—to undo.
When should families start?
Stephen’s answer: “Yesterday.”
More specifically, he suggested many people start in their 40s or 50s, but there is no perfect age. The best time is before a crisis, while the person is medically competent and has choices.
The mindset shift: it’s your plan (and you can’t make everyone happy)
A blended family example came up in the episode, and both attorneys emphasized that clarity is your best friend. Put your wishes in writing, title assets correctly, and name the right people.
Pedro’s reminder was simple and powerful: it’s your estate plan. You won’t make everyone happy, so focus on what you believe is right and what your goals are.
Action items: what families can do this week
Here are practical next steps pulled directly from the conversation:
- Start the conversation with your parent (or your spouse) this week—don’t wait for a crisis.
- Choose the right agents for healthcare and financial POA (and confirm they are willing to do the job).
- Schedule a consult with an estate planning attorney (or a legal clinic if cost is a concern).
- Gather a simple asset list (a “good enough” inventory): real estate, accounts, insurance, retirement, and major valuables.
- Check beneficiaries and titling on key assets (life insurance, bank accounts, retirement accounts, deeds).
- If you have a trust, confirm it is funded (assets are actually titled into the trust).
- Create a home plan: if a parent dies, who will pay the mortgage/utilities for the first 60–120 days?
- Avoid “word-of-mouth promises.” If something matters (like “who gets the house”), get it in writing.
- Review your estate plan every 3–5 years and after major life events (births, deaths, marriage, divorce).
- Ask about state-specific rules (deeds, marital property, domestic partnerships, and probate options vary by state).
Final encouragement
If you’re feeling behind, you’re not alone. This process can feel intimidating, but Stephen’s advice was clear: take the first step, ask your questions, and keep going—even if your parent is resistant. The goal is peace of mind, less confusion, and fewer court-driven decisions when your family is already under stress.
If this episode helped you, please share it with another caregiver or adult child who’s trying to support aging parents—one small step now can save a lot of heartache later.
Thank you for spending time with us this week. We’re so glad to be part of your journey in caring for your aging loved ones. It’s an honor to share resources, insights, and a little encouragement to support you along the way. We look forward to bringing you more helpful tools and compassionate guidance in the weeks ahead. See you back here soon!
Take care of you and the ones you love,
Pam and Linda
Your Nurse Advocates
“Compassionate Care for Aging Adults Along With Peace of Mind for the Family”
Resources for this Episode
Join our Free Newsletter Senior Saturday
Getting Your Affairs in Order Workbook and Guide
Podcast Healthcare Redefined-Advocating for Aging Adults and Their Families
