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Category: Elder Law

Reviewing Estate Plans with Parents

Reviewing Estate Plans with Parents

Reviewing your parents estate plans with them is always a prudent thing to do. Keeping an up-to-date estate plan will ensure that your elderly parents’ wishes are carried out in the event of their incapacitation or death. It can also help to avoid potential conflicts and legal issues that may arise in the future. If you want to help your parents update their estate plans, here are some steps you can take: Encourage them to review their current estate documents…

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Having a Joint Account With an Adult Child

Having a Joint Account With an Adult Child

In the United States, over five and a half million people suffer from Alzheimer’s disease. As the population ages, more people are expected to suffer from dementia and other cognitive impairments. A joint bank account can come in handy as a means to avoid some of the problems that can come with managing finances when someone is struggling with cognitive impairment. Shared banking accounts can help simplify money management for an adult child and their loved one who is suffering…

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Powers of Attorney and Helping Care for Elderly Parents

Powers of Attorney and Helping Care for Elderly Parents

Introduction: What is a Power of Attorney? (POA) Powers of attorney are documents giving someone you trust the right to make decisions for you if you become incapacitated. Incapacitated means your can’t communicate or understand. POA stands for “power of attorney.” The person making the power of attorney is the principal. The person given authority is the agent. A power of attorney agent is someone who has the legal responsibility to act on your behalf. Regarding health care; an agent…

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Do you really need a trust?

Do you really need a trust?

I often craft estate plans without the use of a trust and achieve the exact same outcomes as if one was in place. Trusts in some circumstances are an added expense, unnecessary and over the top. My firm believes putting folks in a trust only if, it’s perfectly appropriate or absolutely needed. Whether a trust is appropriate or necessary depends on you and your families circumstances. Below is a list, à la Jeff Foxworthy, to see if a trust is…

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The Tale of the Unfunded Trust

The Tale of the Unfunded Trust

About fifty percent of the trusts that come across my desk are unfunded. Funding a trust simply means placing assets in a trust. Either by creating accounts to hold assets or by making the trust the owner of assets through titling Funding Trusts is essential to having a trust. Actually, I believe it’s the most important part of having since a trust. Since, an unfunded trust is not a trust at all, but rather a stack of papers. Here’s a…

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