Oftentimes, when a family member or loved one dies without a Last Will and Testament, it results in unintended consequences as well as excessive expense. When a person dies intestate or without a Will, his or her property and possessions will be distributed to their heirs in accordance with the law of the state. When this happens, a decedent’s intended wishes for the distribution of their assets and possessions will not likely be carried out. To ensure that person’s wishes are carried out upon their death a comprehensive estate plan must be created. Continue reading “Create an Estate Plan to Ensure Your Property Is Distributed as You Wish”
Tag: Estate Planning
Be Sure You Have Advanced Directives in Place
Advanced directives are documents that assist in the event that a person loses the capacity to make decisions on their own behalf. These documents allow a designated agent to act on someone else’s behalf in order to make medical or financial decisions. It is recommended that those over the age of eighteen have advanced directives in place, especially if he or she is going away to college. Continue reading “Be Sure You Have Advanced Directives in Place”
Storing and Maintaining Original Estate Planning Documents
Creating and maintaining a comprehensive estate plan is essential to preserving assets and ensuring that a beneficiary’s financial needs are met in the event that a person should die. A thorough estate plan can be created at any age and should include a Last Will & Testament and advanced directives such as a Health Care Proxy, Living Will, and Power of Attorney. Some estate plans may also include a Trust in order to protect certain assets. Continue reading “Storing and Maintaining Original Estate Planning Documents”
Update Your Power Of Attorney to Reflect Changes in the Law
A power of attorney is a standardized legal form created by statute that gives an agent the ability to act on behalf of the principal in the event that he or she becomes disabled or incapacitated. It is particularly important to keep a Power of Attorney up to date as well as periodically review the document in order to add enumerated powers or update it in accordance with new case law or life circumstances, even if the agents remain the same. Continue reading “Update Your Power Of Attorney to Reflect Changes in the Law”
Authorization for Final Disposition
An authorization for final dispositions is a document that allows a person to designate who will be in charge of their body and funeral arrangements upon his or her death. In addition, the document provides family members and loved ones with specific instructions regarding a person’s wishes for their funeral and body disposition. The document may include information regarding: Continue reading “Authorization for Final Disposition”
Do Not Use Funds from an Irrevocable Trust to Cover the Cost of an Assisted Living Facility
Oftentimes, individuals will put the proceeds from the sale of a house into an irrevocable trust. When the time comes, an elderly person may move into an assisted living facility, which can be expensive. A trustee of an irrevocable trust may look to use the funds in an irrevocable trust to cover the cost of the assisted living facility. However, the money in an irrevocable trust should not be used to pay for care in an assisted living facility. The reason being is that an irrevocable trust is only exempt for Medicaid purposes when there are no principal distributions being made to a grantor or in this case to an assisted living facility on an individual’s behalf because doing so would violate the terms of a trust.
Protect Your Financial Future with a Comprehensive Estate Plan
Regardless of how many assets you own, estate planning is an important component of your overall financial plan. A properly expected estate plan can help to secure a financial legacy for loved ones and express medical decisions if you are unable to do so. Estate planning can be complex, so it is important to consult the guidance of an experienced estate planning lawyer.
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Transfers of Assets Affect Medicaid
If a Medicaid applicant is married and his or her spouse resides in the primary residence, then the home is an exempt resource. The spouse is entitled to keep resources of $120,900. The applicant must have less than $2,000. Any additional resources above these limits must go toward the cost of his or her nursing home care. If the applicant has a spouse, he or she may retain a portion of the other spouse’s income under certain circumstances.
Utilizing An In Terrorem Provision In A Last Will And Testament
An in terrorem is a Latin word meaning “in fear”. It refers to a provision within a Decedent’s Will to disinherit a beneficiary if he or she challenges the Will in any way. Instead of a beneficiary receiving what he or she may have been entitled to within the Will, the individual will receive nothing, due to challenging the Will. He or she will essentially have forfeited any inheritance they were entitled to. This provision is intended to dissuade a person from contesting a Decedent’s Will. Further, an in terrorem provision is strictly construed by the courts.
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Having Assets in Multiple States
Today, it is common for retirees to have residences in multiple states. Some choose to keep his or her family home and acquire a small home in Florida to visit during the cold months. When a person who owns residences or financial accounts in two different states passes, an ancillary probate proceeding must be commenced where the other real property is located. An ancillary proceeding is an administrative proceeding that is required in addition to the original probate process of a Last Will & Testament. Usually, this administrative proceeding is required because a person owns real property outside of his or her home state.
