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Tag: Estate Planning

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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How to Disclaim an Inheritance

How to Disclaim an Inheritance

Oh God no! I don’t want that. Sometimes, folks inherit things they don’t want. There’s various reasons why someone would want to disclaim their inheritance. For many, it’s more practical to refuse an inheritance than to accept it. Disclaiming an inheritance is when someone gives up their rights to inherit the assets under a will or through intestacy. In Colorado, it’s an easy process to disclaim an inheritance. Remember as a rule, disclaiming an inheritance is irrevocable. All refusals are…

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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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To Living Trust or Not To Living Trust

To Living Trust or Not To Living Trust

Under the appropriate circumstances, a revocable living trust is the perfect estate planning document. Sometimes, however they can be overkill or underused. Whether a trust is the right document for you depends much upon your assets and family circumstances. Also much depends on whether you as the maker and trustee are willing and able to do so. Here’s some things to consider before using one in your estate plan. A Living Trust Is Not A Will Replacement If you have…

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Can I sell my house to my child to avoid Medicaid?

Can I sell my house to my child to avoid Medicaid?

Nursing home care is expensive. On average about $8000 a month in the Denver area. Medicaid will help you pay for it; but first your must “spend down” enough of your assets to qualify for Medicaid. You likely won’t have to sell your home if you enter residential care. Medicaid however, will make a claim against your estate during probate to recover the funds it used on your behalf. This process is known as estate recovery. And it may result…

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