According to the American Humane Society, approximately 46 percent of households have at least one dog and 39 percent of households have at least one cat. We love our pets, and they provide us with plenty of love in return. Tragically, however, shelters and veterinarians euthanize approximately 500,000 pets each year when their owners predecease them. How can you be sure your beloved animal companion will receive proper care when you are no longer able to provide it yourself? A trust may be the answer. The main objective of using a trust to care for your pet is to provide a flexible method for managing financial assets for the benefit of any pets that survive you. The appropriate amount of money to fund the trust varies according to your pet’s age, condition and needs. With a properly designed trust, you can also designate a party to act as “caretaker” for
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Our clients often express concern about protecting the inheritances of their children. Sometimes, parents worry about the security of a child’s job and what will happen if he or she loses that job, cannot pay bills, and subsequently loses the inheritance to creditors. Other times, parents worry about the influence a child’s spouse has over their child’s money management decisions. A child embroiled in a “bad marriage” frequently leads to parental concerns over an inheritance being diminished or lost through divorce. Finally, parents often wonder whether their children are mature enough to handle an inheritance on their own. Fortunately, there are a number of ways for you to leave an inheritance to your children and protect that inheritance against threats such as these and more. Certain types of trusts, for example, have the power to accomplish this goal, with the added benefit of avoiding probate. Here are a few examples.
Continue Reading... →Incapacity is defined, from a legal standpoint, as the inability to make sound decisions regarding one’s personal or financial affairs. Failing to plan for the possibility of incapacity in advance can create significant problems for seniors and their loved ones, particularly with regard to managing assets and medical care. This is why we recommend that all of our clients have us design durable powers of attorney for medical care and finances. Here are some of the most important reasons to have your own durable powers of attorney. If you become incapacitated, you are able to choose the person who makes financial and medical decisions on your behalf rather than the court. Without powers of attorney, the court will appoint someone to manage your financial affairs and medical care in the event of incapacity. The person named by the court could very well be someone you would never have wanted to
Continue Reading... →In our last post, we discussed some of the mistakes to avoid when settling an estate through probate. Here are some others: Handling creditors improperly Every potential creditor of the estate must be notified about the estate going into probate. If the creditor is known, he or she can be notified personally. Unknown creditors, on the other hand, must also be notified. How? Through a notice published in a local newspaper. The probate must be kept open for a period of time mandated by state statute to allow creditors to file claims against the decedent’s estate. Failing to communicate effectively with estate beneficiaries Working closely with beneficiaries is not a legal requirement, but failing to keep them abreast of developments can be a big mistake. In fact, poor communication sometimes leads to unnecessary, and expensive, litigation. Remember: You are not the only one dealing with the loss of a loved
Continue Reading... →Last time, we looked at the causes and symptoms of dementia. Now, let’s take a closer look at Alzheimer’s disease. The causes and symptoms of Alzheimer’s disease. Alzheimer’s disease stems from a protein, called beta-amyloid, building up in the brain between nerve cells to from what are known as plaques. There is another protein, called tau, that accumulates in the brain and forms what are called tangles. This results in the neurons of the brain shrinking, and eventually, dying. As with Lewy body dementia, scientists do not know precisely what causes the initial onset of the protein build ups that lead to Alzheimer’s disease. The symptoms of Alzheimer’s disease may include: Short-term memory problems, and eventually, loss of long-term memory Confusion Impaired judgment Repeating the same questions and statements Getting lost, even in familiar surroundings Personality changes Changes in sleep patterns, such as sleeping during the day and being awake
Continue Reading... →Losing a loved one is difficult enough without the added stress of having to make important financial decisions while grieving. For many people, the duties and responsibilities of probating a loved one’s estate can feel overwhelming. The probate process is time-consuming, complicated, and, quite often, extremely frustrating. If you have been named as an executor or personal representative and are tasked with settling an estate through probate, you’ll want to avoid these common mistakes. Handling assets incorrectly One of the first things an executor or personal representative must do is secure all of the decedent’s assets. Accomplishing this requires taking different steps for different types of assets. For example, financial accounts may simply need to be closed, whereas real property (such as a house) might require making sure the property is secure and arranging for its maintenance. Categorizing assets incorrectly Some assets do not have to go through probate. When
Continue Reading... →Many people think that Alzheimer’s disease and dementia are interchangeable terms for the same medical condition. This is not the case. Dementia is an umbrella term that encompasses a variety of conditions associated with memory loss. Alzheimer’s disease, on the other hand, is a specific type of dementia. Let’s look at some of the similarities and differences between the two. The causes and symptoms of dementia. Dementia, in general, is caused by damage to cells in the brain resulting in the damaged cells inability to function the way they normally would. There are a variety of factors that can lead to brain cell damage, and these factors are what often distinguish one type of dementia from another. For instance, what is known as vascular dementia is typically caused by a stroke, whereas Lewy body dementia is caused by protein deposits (Lewy bodies) forming in sections of the brain responsible for
Continue Reading... →If something terrible happened to you and your spouse, what would become of your children? It’s not something anyone wants to think about, but think about it we must. By naming a guardian for your minor children, you can help ensure they will be raised according to your wishes. The question is, how do you choose the proper guardian? Here are several factors to consider. The ability and willingness of the guardian to serve. Will the prospective guardian be able to meet the physical and economic demands of raising a child? Even more important, is the prospective guardian willing to serve in the first place? The last thing you want to do is name a guardian before speaking at length with the person you have in mind. Values. Ideally, the prospective guardian will share your child-rearing philosophy, values, views on education, religious beliefs, and other fundamental principles. Geography. If the
Continue Reading... →Maybe it’s the son-in-law you’ve never really liked, let alone trusted, who wields undue influence over your daughter. Or the ex-spouse who continues to make trouble seven years after your divorce. Or the son whose irresponsibility and self-destructive behavior forced you to disinherit him. If you have reason to believe that an estranged family member might challenge your will, trust, powers of attorney or other planning documents, you may want to consider obtaining a letter of competency. Why? Many such challenges are based upon claims of incompetency—that is, the legal documents are invalid because their creator was of unsound mind. A letter of competency will help dispel notions that your documents were created while you lacked the mental capacity to make sound financial and legal decisions. A letter of competency is typically written by a primary care physician who is familiar with any changes in a patient’s baseline mental and
Continue Reading... →Last time we discussed some of the terminology associated with trusts. Now let’s look at how revocable trusts differ from irrevocable trusts and the benefits of having a trust. Revocable versus irrevocable trusts A revocable trust is a trust that can be altered by the grantor during his or her lifetime. An irrevocable trust, on the other hand, is a trust that cannot be changed by the grantor (except under extraordinary circumstances). In the case of irrevocable trusts, the grantor typically foregoes total control of the property and must obey all trust rules and guidelines. Furthermore, a trust can be revocable during the grantor’s lifetime and then become irrevocable upon the grantor’s death. When most people use the word “trust” in the context of estate planning, a revocable living trust is the one they have in mind. A revocable living trust allows you to maintain complete control over your assets
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