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Reference: The Boston Globe (November 16, 2015) “An unequal sharing of the wealth” #Stepchildren #TrustsandEstates

Things like wills or trusts must also be considered depending on where the deceased partner falls in

For sure, but there may be other items you need, such as a trust if you have a lot of assets that may

trusts available now that are specifically meant for families in this particular situation. With these Trusts, you can write a specific letter of intent to either a caregiver or even a facility There will also need to be a trustee that is responsible for overseeing the money in the Trust and of course, you will need to make financial preparations to make certain the trust has been funded. This is allowed only if the gain is placed is a qualifying Trust, also known as a “payback” Trust. 

An estate plan typically includes: A Last Will and Testament A Trust A Medical Power of Attorney A Statutory Others create family foundations or set up charitable trusts. You can also establish a charitable remainder trust (CRT) which gives beneficiaries a stream of income

Organizing your personal finances is especially critical for Baby Boomers who’ve recently retired or who need to make the most of what remains of their working years. There’s no time like the present to tune up your strategy (or make that appointment with the dentist!). The article, “9 ways for older Mainers to get a grip on finances in 2016,” from the Bangor Daily News has some great tips for starting the New Year right: Get ready for tax time. Set up a computer folder to collect tax-related papers as they arrive. If you don’t, April 15th will roll around and you’ll be wondering where you put those tax documents! Make a checklist of the documents you’re expecting and file as soon as possible after you have them all. Also, think about changing your withholding amounts to be closer to the taxes you expect to owe for the coming year. Update your estate plan. Review your estate documents, including your will, your medical and financial powers of attorney and your advance directive for end-of-life care (living will). If you don’t have any of these documents, talk with an experienced estate planning attorney. For your sake and the sake of your heirs, don’t put it off. Fine tune your investments. Review your investments to make certain they’re in sync with your retirement goals and life changes. This includes cash-on-hand needs and risk tolerance. Does your portfolio need rebalancing, or do under-performing assets need to be swapped out? Review your financial condition. Examine your overall financial situation by tallying your assets and liabilities, as well as your expected income and expenses for 2016 to help you decide if you need to use any of your savings or investments to pay monthly bills. Be wary of investment scams. Always research any unsolicited proposals or work with an attorney to do thorough due diligence on anyone who approaches you with a “sure thing.” Review beneficiary designations. This is for your retirement accounts, life insurance policies, and other assets to make sure they are in line with your estate planning. Review insurance policies. Check your life, health, long-term care, home and automobile policies for appropriate coverage and any needed changes. Reference: Bangor Daily News (January 2, 2016) “9 ways for older Mainers to get a grip on finances in 2016” #AssetProtection #HoustonWills #Inheritance #PlanningfortheFuture #HoustonTrusts #PowerofAttorney #HoustonEstatePlanningLawyer #TaxPlanning

Such a clause is uncommon because the principal has typically chosen a specific person or persons they trust

#EstatePlanningLawyer #HoustonGuardianship #ProbateAttorney #TrustsandEstates #WillChanges #HoustonWills

Children don’t have the right to inherit, and a father has every right to leave his kid or kids out of his will, says the article, “Your parent left you out of their will: What now?” from New Jersey 101.5. If the father is competent and not being unduly influenced by his current wife, he can decide to leave out the child from his first marriage. A husband frequently leaves everything to a spouse, even if it’s a second marriage. In some instances, a father may feel he’s being fair by leaving a child out of his will. It could be that the child from his first marriage is significantly older than the children from his second marriage. Perhaps he paid for the education of that older child or even put a down payment on the first home of that child. In light of this, the father may believe he must leave the rest of his estate to his other younger children in order to put them in the same position as his first child. Or maybe the father feels comfortable that his oldest child is successful in life and that his half-siblings are more needy. Another scenario might be that the father provided for the child from his first marriage in some other manner, such as by naming him as a beneficiary of a life insurance policy, IRA, or other payable on death account that does not pass under the will. Otherwise, if the father is competent, there is little a disinherited child can do. Upon the father’s death, a child could contest the will, claiming undue influence by his new wife. Reference: New Jersey 101.5 (November 19, 2015) “Your parent left you out of their will: What now?“ #EstatePlanningLawyer #HoustonEstatePlanning #WillChanges #HoustonWills #ProbateCourt #Inheritance #HoustonProbate #HoustonTrustsandEstates

If you need to pursue emergency guardianship of a parent in Texas, trust our dedicated attorneys to guide

Most families just aren’t prepared for the financial burden of dementia. They assume that Medicare cover all of the expenses. Not so. Patients and their families don’t realize that isn’t the case. Plus, everything gets more complicated when an individual has dementia. For example, if a dementia patient in a nursing home gets a fever, the staff may say that they aren’t equipped to handle it. They call 911. The patient is then admitted to the hospital. This can lead to complications for the patient suffering from dementia. They may get delirious and confused, slip or fall out of bed and sustain injuries, or they choke on their food. This can cause medical costs to sky-rocket. There are large disparities in out-of-pocket costs for the three diseases. Medicare covers discrete medical services like office visits and acute care, including hospitalization and surgery. These are the types of expenses experienced by cancer patients and heart patients. Those patients usually don’t need full-time home or nursing home care until the very end of their life, if at all. As a result, they don’t see that continuing cost. On the other hand, dementia patients need constant care for years. In addition, these dementia patients may not be sick enough for a nursing home, but they still will need supervision and care. When dementia patients are sick enough for a nursing home, the cost is not covered by health insurance. More than half of patients with dementia— with three-quarters of those from racial minorities—spend down, using savings to pay for the nursing home until the money is all gone. After that, Medicaid takes over. Talk with an experienced elder law attorney about care for the elderly, Medicaid, and dementia. He or she will have ideas on how to best address your family’s situation. Reference: The New York Times (October 26, 2015) “Costs for Dementia Care Far Exceeding Other Diseases, Study Finds” #PayingforaNursingHome #HoustonAssetProtection #MedicaidTrustPlanning #MedicaidPlanning #HoustonElderLaw #HoustonElderLawAttorney #Medicaid #HoustonTrustPlanning #Dementia #MedicaidNursingHomePlanning #LongTermCarePlanning

Texas For those wishing to avoid the costs and delays of probate, there are several options: Living trusts