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This article is based on a conversation by Kim Hegwood, estate planning and elder law attorney, and Ruth Dennis, Alzheimer’s educator and author of Mindful Dementia Care: Lost and Found in the Alzheimer’s Forest. For the full conversation on this topic, view the Life Happens podcast episode with Kim and Ruth here. What Is Alzheimer’s Disease? One of the most common misconceptions about Alzheimer’s disease is that Alzheimer’s and dementia are the same. In fact, Alzheimer’s disease and dementia are related, but they are not the same. The Alzheimer’s Association describes dementia as an umbrella, and the rain drops falling from it are the different types of diseases, including Alzheimer’s. Ruth Dennis describes the analogy of a tree when referring to Alzheimer’s and dementia. The roots of the tree symbolize the factors that can cause or contribute to dementia symptoms, including depression, diabetes, untreated hypertension, untreated sleep apnea, and post-traumatic stress disorder. Some of the most notorious symptoms of dementia include short-term memory loss, confusion, social withdrawal, difficulty with logic and reasoning, addictive behaviors, and obsessive behaviors. From the trunk of that tree, the different diseases branch out. One disease is Alzheimer’s, which is the best-researched and more well-known. There are also Parkinson’s-related dementias, Pick’s disease, frontal temporal lobe dementia, dementia related to addiction, genetic dementia such as Down Syndrome, and early-onset dementia. The trunk of this tree is dementia, while Alzheimer’s is one of the branches. The Signs That a Loved One May Have Dementia Many people tend to see a loved one misplace their keys or lose their phone, and they conclude that their loved one must have Alzheimer’s or dementia. Ruth explains, “I would look at what we call ‘Person, Place, or Thing.’ Is it affecting your relationships? Are you withdrawing socially? Are you having difficulty with your emotions? Are you having problems managing your home? Are you having problems when doing activities you were once good at? Are you behaving in a way that is not normal for you around things like money? Are you ignoring your health issues? About 10% of all those branches of dementia are treatable.” Ruth continues that it is important to get a good physical workout, get bloodwork done, get your heart health checked, and get a sleep study. The key is to find out if there are any ailments you can treat or prevent. Early detection of dementia is crucial because medications are typically more successful when used earlier on. Myth #1: “Home Is Always Better” When an aging loved one begins facing the challenges of a dementia diagnosis, the first thought that family members have is that the loved one with dementia should remain in their home. Ruth explains, “It’s a cultural tendency to say, I want mom or dad or my husband or my wife to always be in our home. We built this home, we should stay in this home, and this is the best way. This is not always true.” “One of the big factors in worsening dementia is depression and isolation. A lot of folks need more help as they get deeper into dementia. The person that they have the most contact with is the caregiver, who may be constantly telling them what to do. I have a great boss, so forgive this analogy, but I would not want to have him five feet away from me for 8, 10, or 12 hours a day telling me what I need to get done. It’s a similar relationship for someone with dementia and their caregiver; it’s a simple relationship.” Many people with dementia tend to want a peer relationship, where they can speak to someone who is going through the same experience. Ruth says, “What a lot of folks really crave and get out of adult day programs or assisted living facilities are peer relationships. They want someone who can hear their story multiple times and still think it’s funny. If you are a caregiver alone in a house, which COVID amplified greatly, and someone is telling the same story or same joke or asking for the same thing multiple times a day, you may lose your patience. You might get tired. There’s this reassurance I have seen over the years where elders who are deep into dementia develop really nurturing and supportive relationships with one another. You don’t get that one-on-one with a caregiver, no matter how good the caregiver.” Myth #2: “My Loved One Is Not Like the Others” For many families, there is a tendency to look for a miracle. It can be easy to point out when someone else may have dementia, but it can be difficult to recognize the decline of your loved one. Ruth describes an experience from a Vista Living Community, “What ends up happening is that folks will tour the living facility and they will see the residents and think it is a great place. They think the staff is so loving and warm. Then they say, ‘Oh, but my mom’s not like those people. She wouldn’t have anyone to talk to.’ Then the mom is living in a beautiful apartment complex, and no one will sit with her in the dining room because she repeats herself. Your parent or spouse may not be like those people right now. But at two in the morning, they probably are or worse.” Memory Loss Is Not the Only Sign of Dementia For a lot of families, it can also be difficult to discern when their loved one has dementia because the loved one may still appear competent. Seniors may have great verbal and social skills, but poor functioning skills. Professionals with less experience may not recognize when an individual has dementia, because the individual may appear competent and well-adjusted. Memory loss is typically not the first sign of dementia, nor is it the only sign. The different types of dementia can affect different parts of the brain and can have affects on judgement, reasoning, emotions, daily functions, and verbal communication. It is important to look at dementia as a whole, and to take into account all the differences and variations. Ruth tells of some of the dementia patients she has seen: “The patients may not be able to do the basic daily tasks that keep them functioning, such as getting groceries or taking their medications properly, but they will be able to talk up a storm and really convince someone that they can be independent. Some patients even claim to be better and try to convince their loved ones to change their power of attorney, revoke their guardianship, or write a note saying they can live in independent living. I have seen patients convince folks to let them walk out of the building with them because they seem like a visitor.” Kim adds, “Some people are very good at hiding their diagnosis. If you hadn’t seen them at their worst, you wouldn’t know when they’re having a good day or bad day. Sometimes it can be as easy as visiting their home or opening up their refrigerator.” To contact Ruth Dennis or learn more about Vista Living, call (505) 927-4407 or visit vistaliving.com. To order a copy of Ruth’s book, Mindful Dementia Care: Lost and Found in the Alzheimer’s Forest, visit mindfuldementiacare.com. At Your Legacy Legal Care, we assist individuals with dementia in putting a plan in place for long-term care. To schedule a strategy session to discuss estate planning or elder law, call our office at (281) 218-0880 or contact us here.

This article is based on a conversation by Kim Hegwood, managing attorney of Your Legacy Legal Care, and Eddie Orum, who is a family caregiver and volunteer for AARP. For the full conversation on this topic, view the Life Happens podcast episode with Kim and Eddie here. For some caregivers, the role of caring for a loved one is not always a choice. For others, it is expected that family members will care for declining loved ones. Eddie Orum came to be a caregiver through both ways, as he grew up in a family caregiving culture beginning when his grandmother was moved into his family home. His great aunt was also moved in during her last years. In addition to this, his other grandmother often brought in troubled teenagers as Eddie was growing up. Eddie says, “I didn’t really think about those kinds of cultural events, but once I became a caregiver and began to reflect, I saw how it all made sense.” Through his caregiving journey, Eddie had a lot to learn to ensure he was helping his loved ones the right way. He had to learn about the legal issues that often occur during our golden years, what documents to have in place, and how to be prepared. Once his aunt moved in, Eddie also learned a lot about cognitive issues – he says, “I had to learn that my reality is not the priority, but her reality was to become my priority.” Eddie learned a lot by joining AARP and having the opportunity to meet other caregivers, especially as he attends conferences that are offered in the elder community. The Importance of Being an Educated Caregiver Eddie explains the importance of caregivers getting educated: “I think it’s extremely important. I came to the table thinking that I have been an educator, I worked with at-risk students, I worked in the community. I would have assumed that I had lots of information that would be helpful. But as I began working with AARP and going through the prepare-to-care information, I learned that I was doing several things not as efficiently as I could have. But you must take care of yourself, and part of taking care of yourself to be a good caregiver is to make sure you understand what’s happening. Because again, it’s not my reality. I am a very reality-oriented kind of person – I am very factual and I want things to be in order. And I have learned through caregiving that things are not always in order and I must be okay with that. And in order to be okay with that, I must understand why these things are happening and what the next step is.” It is very important for caregivers to understand what caregiving is truly like – and what to expect. Caregivers need reminders to take care of themselves, get enough rest, and have fun occasionally. Eddie tells of a time he was leading a presentation and discussing the five steps of self-care and realizing that he was not taking care of himself. As a part of his self-care, he reached out to a therapist that he can have ongoing conversations with. Kim explains that, for many caregivers, it is like a snowball effect. Once things begin, they keep progressing, and caregivers do not realize that they have reached a critical point. It typically comes to a head when caregivers realize their exhaustion and stress, and at that point, it is hard to know what to do. How to Have the Difficult Conversation Eddie explains that the first step that AARP shares for caregiving is actually preparing to have the conversation. It is important to figure out when the right time to have the conversation may be. In Eddie’s situation, his mother had a car wreck. Months later, she was thanking him for not asking her to stop driving, and he realized that specific time may not be right for discussing her need for care. When Eddie determined the right time to have the conversation with his mother, it became a difficult conversation. Eddie says, “The women in my family are very strong, very independent, very proactive, and have always done it well.” Eddie began driving his mother and offering to be there for her, which she liked. Then, his mother had another accident, and that allowed the two to have a conversation about her driving. The conversation can come in many forms, and it is important to consider the type of relationship you have, where you could have the conversation, and who could be the best person to lead the conversation. Sometimes, it may be best to get a faith leader or a good friend to conduct the conversation with you. Eddie also had to have the conversation with his aunt, who began experiencing issues and was not happy where she was. Eddie realized, “She was actually being assisted and her issues were being covered up, until I was asked to come visit her by her best friend, Joan.” Many of Eddie’s father’s friends also notified him of what they were seeing in his aunt. Eddie planned on scheduling an assessment for his aunt in Houston, as his aunt wanted to prove that there were no issues of concern. She volunteered to take an assessment in her hometown and that assessment showed enough issues for Eddie to begin the conversation with her. Initially, Eddie had met with her general practitioner who referred them to a neurologist, who conducted the three main tests they needed. Luckily, his aunt had been tested years prior, so Eddie was able to keep notes on her cognitive abilities. When the time came to ask his aunt to move into his home, Eddie had the notes, telephone numbers, documentation, and he had worked with attorneys, which allowed him to have all the information he needed. How AARP Can Help Kim asks Eddie, “Do you think that the work you are doing with AARP has made you a better caregiver?” Eddie answers, “It has made me an extremely better caregiver in that we actually have resources that you can take a look at and actually learn from. There are other elder care resources in the community that I attend, and all of this has come from being a volunteer with AARP and looking at their resources. Most people perceive AARP as being an insurance company or in my case, maybe a travel company. But there are so many resources within AARP that you can take advantage of from travel to caregiving to legal information. I would not be here today if not for AARP, especially regarding the legal information they have given me about powers of attorney and how to make sure that the trust and wills are in order.” Kim asks, “Do you find that you are having more difficult conversations? Has AARP or your education helped you with these difficult conversations?” Eddie replies, “I learned to be extremely courageous because of my current experiences, to the extent that I have my children on my care team. Of course, my hidden agenda is to prepare them with what is going on now, so in the event that they need to have those conversations with me, they are prepared. And I now have those AARP resources that I can not only take advantage of, but I can use to prepare others. The conversations become easier once you have the information, knowledge, and skills to do it.” Eddie’s Experience as a Caregiver Kim asks, “Do you find that caregiving has been a rewarding experience for you? Or is it something that you feel you were compelled to do?” Eddie says, “Kim, it’s certainly something that is rewarding to me because I am caring for people that I truly care about. I am caring for people who were immensely important in my growth. As an example, I spent my summers with my aunt and uncle, and it’s kind of interesting now that I remember that when I was in junior high, they asked me to be the trustee of their trust in the event that something happened to their children. And I kind of see now that I was always prepared for that.” “I didn’t think about any of those things when I became a caregiver, but now I find it very rewarding because I was simply raised to do these things. In fact, my father was a very strong, compassionate male who had several conversations with me about the role of men and also helping to take care of their parents. When my grandmother was sick, it was assumed that my aunt should be the one to care for her. And my father said no, it is both of our responsibilities. When you look at my personal case, I have a sister, yet I am the caregiver for my aunt. So, I was fortunate to be raised in a home that had flexible roles – very strong and progressive.” Kim adds, “Well, that is amazing. With your experience and training, how do you address the situation when there is one child doing the caregiving and the others won’t help?” Eddie explains, “The first thing I would say is that it is not always the family who should be the ones giving the care. If you are leading a team, you have friends and neighbors who have always been important. You have different roles of people you know – in my case, the faith leaders in the church and my mother’s best friends that I grew up with. It’s important to look at the relationships that the care receiver has with different people. You should not make the assumption that it should be just my family’s responsibility.” To contact Eddie Orum and AARP, visit AARP.org/caregiving or call their English phone at (877) 333-5885 or Spanish phone at (888) 971-2013. At Your Legacy Legal Care, we meet with many caregivers to discuss long-term care planning for their loved ones. For assistance getting your loved one’s legal documents in place, call our office at (281) 218-0880 or contact us here.

This article is based on a conversation by Kim Hegwood, managing attorney for Your Legacy Legal Care, and Cynda Green, Pathways to Adulthood Transition Coordinator for Texas Parent to Parent. For the full conversation on this topic, view the Life Happens podcast episode with Kim and Cynda here. As a law firm that has worked with many families with children with disabilities, we see a lot of those children aging out of school. Many times, after these children can no longer use their schools as a resource for help managing their disability, the parents wonder what to do next. It is hard to know what options are out there and it can be a huge struggle for many families. We find that a lot of parents have trouble transitioning their children with disabilities from school to adulthood; they may be completely overwhelmed and have no idea where to begin. It is difficult to access resources, and if they do not have a plan in place, they may not be prepared at all. Cynda Green works with families who have children 14 and up, with the biggest population being 17 to 22 as these families in particular are faced with many important decisions that need to be made. Cynda has found that families are looking for someone who can guide them as accessing resources, not knowing what is out there, and not knowing how to put a plan together can be a huge barrier. When should parents start this plan? The sooner parents start planning, the better. Schools typically start talking with families when their child with a disability is 14. However, the sooner you can start processing it and start putting some long-term plans into place, the better the outcome will be. Cynda says, “It’s never too early and it’s never too late. It’s what we tell families all the time. We take them right where they are.” The reality is that families struggle to process this transition planning even when the child is 14. Most families are just trying to get through each day, so it can be overwhelming when the school starts the conversation about the child’s transition plan. Most parents cannot imagine being without the school and other supports they have. Cynda recommends, “Take one day at a time and gather the information as you can. When families are ready, they will pick their head up. Eventually they will have to be ready, so just keep supporting the parents and keep giving them information. They just need somebody to understand how overwhelmed they are and to keep gently nudging them forward.” At Your Legacy Legal Care, we often see parents with children who have disabilities who need to obtain a guardianship because their child is 17 and about to turn 18. When discussing the planning options with these families, they tend to have not thought about the options. Many families assume something would occur and just fall into their laps. This is not the case, and it can be difficult to know how to take the first steps. What specific actions can parents take? When the child is 14, the school will start talking with the family. They will start putting transition goals into the IEP. When you look at those transition goals, try to look at the long term. Typically, those IEP meetings are focusing on increments, but when you start looking at transition planning, you need to look past that, when they are out of school. You think about how you can use the remaining school years effectively, and how to use the support from the school before you no longer have access to it. You need to process where your child is at in their journey: what are their strengths, preferences, interests, and needs? Make sure these are all addressed in their transition goals – it can also help when you are looking at employment. Many families think, “Well, the school is not going to stop its services today.” According to Cynda, “That’s called denial. It’s a happy place to sit, but the reality is those services are going to go away. So make sure you’re getting the best out of them. And honestly, there are so many great transition people in the school districts. Every school district has something called a TED (Transition and Employment Designee). They know about work, resources, and employment. There is a wealth of information. So find those people on your child’s campus, and discuss your child’s dreams, goals, and what you can work towards.” Children can often stay in school until they are 22. But what happens to those kids that are 22 and up? Cynda explains, “Well, that’s the scary world. That’s the ‘black cliff’ that we talk about in transition. When families don’t have a plan in place, and those school services are gone, a lot of those kids end up sitting at home on the couch.” There are many resources out there, but it is not easy to put them together. That is why, the sooner you start planning and figuring out what resources are out there, the better the outcome is going to be when the school services are gone. What resources are there for people with disabilities and how do we access them? Some of the resources include SSI, Medicaid waiver programs for long-term care services and support, and the Texas Workforce Commission. “But the reality is,” Cynda says, “None of those services work together easily.” Families are faced with having to learn multiple systems and how to navigate them. Medicaid is the key to long-term care services and support in Texas. It is crucial to make sure your child has access to Medicaid. Cynda says, “Some families don’t know about the Medicaid waiver programs, which are going to offer some supportive employment, employment systems, and attendant care that would help the transition into adulthood. We talk to families all the time and nobody has ever told them about it. You child could be 18 or 19 – but we have a 15+ year waitlist in Texas for those services.” Families typically struggle to figure out what else is out there as they try to piece together the different resources. We believe employment is crucial, and everybody should have the opportunity to work, whether it is volunteering, competitive employment, or self-employment. However, by the time the child reaches the age of 18 or 19, families want to be done planning and attending meetings because they are so tired. Cynda says, “I speak with some families whose child has met the academic requirements to get a certificate of attendance and move into the 18+ transition program, but the family is too tired. And my question back to them is, ‘Oh, well what is your plan for your child when those school services are gone?’ and they say they don’t have one. I tell them they might consider it, because it will buy them a little more time to really figure out what services are out there and how to access them in a way that is right for their child.” How can the Texas Parent to Parent Pathways to Adulthood program help? “Pathways to Adulthood was funded about nine years ago. We realized that our kids are getting older and transitioning is a hot topic because families are overwhelmed. We offer one-on-one phone calls now during the pandemic. All of our trainings have become virtual. We offer trainings on the emotions of transition, school, and legal planning. We talk about how to do long-term financial planning, how your child can live, work, and build a network of support, and everything else that parents are facing. In February of 2020, we received a grant from the Texas Council for Developmental Disabilities to open our transition center of Central Texas. This is where we can do more intensive one-on-one meetings with families. We go through a transition inventory and look at what they have done, what they need to do, and what resources can help. We set goals at the end of the meeting and follow up with the family. We know how hard it is, and we want to make sure the families don’t get stuck.” “I think one of the things that we really need to bring to the forefront is that everybody on our team is a parent. We all have children and we have been trying to navigate the systems too. I often laugh because people think I have it all figured out because I work at Texas Parent to Parent. Really, our team is figuring it our along with the parents. The parents are not alone in the journey; we are there, and we are supporting them.” To learn more about Texas Parent to Parent, visit their website at www.txp2p.org or call (737) 484-9045. At Your Legacy Legal Care, we meet with many families to protect the future of their children with disabilities and ensure they will be eligible to receive their benefits through the years to come. If you need assistance planning for your child with a disability, give us a call at (281) 218-0880 or contact us here today.

When it comes to estate planning, there are five factors of ethical behavior that everyone should be aware of: capability, undivided right, capacity for testament, diligence, and permanent obligation. Ethics is a set of moral principles that guide a person’s actions. When it comes to determining what behaviors are right or wrong, ethics is your guide. Honesty, compassion, loyalty, respect for other’s rights, and concern for the general good are all fundamental concepts of ethical behavior. Unless you are dealing with an estate planning specialist, ethical considerations in estate planning can be easily overlooked. When creating an estate plan, the following five ethical issues should always be kept in mind. Capability The first factor is the professional’s competency. Any attorney involved in or overseeing the construction of your estate plan must be knowledgeable and skilled in providing estate planning guidance. Estate planning attorneys owe it to their clients to keep up to date on the latest laws affecting their legacy. Undivided Right In addition, an estate planning attorney must be aware of any potential undivided rights. The most prevalent conflict of interest is when an attorney represents both spouses in a marriage. Another point of contention is representation across generations. When a parent completes an estate plan, intergenerational difficulties may develop if their children are adults. The attorney must ensure that the client’s requests are followed rather than their child’s proposals. By avoiding generational conflicts, the attorney can make recommendations that are in the best interests of their client. With both parties’ informed consent, joint representation is feasible. Capacity for Testament It is critical to make sure the client has the complete testamentary ability. Estate planning attorneys might encounter clients who have restricted mental abilities. In this scenario, the attorney must ensure that the individual they are representing has the mental capacity to complete the necessary paperwork regarding their estate. If the estate plan is contentious, this situation could be difficult. For example, there may be numerous people attempting to gain control and falsely claiming the client lacks mental capacity. Diligence The importance of due diligence in estate planning cannot be overstated. While representing a client, an estate planning attorney has a responsibility to act quickly. If the client’s wishes are ethical and law-abiding, an attorney should follow through and carry them out. Permanent Obligation The final ethical consideration for estate planning professionals is continued obligation. This is the straightforward process of informing clients. In a client-attorney relationship, continuous obligation emerges naturally when there is active involvement. When a representation becomes inert, open lines of communication might become a source of concern. In all estate planning initiatives, the five ethical issues of competence, conflicts of interest, testamentary capacity, diligence, and ongoing obligation are significant. The importance of ethical planning and decision-making cannot be overstated. You could feel confident that all considerations are made in your best interest if you engage with an experienced estate planning attorney.

Mistakes can easily be made during estate planning. Hearing about other’s mishaps might help you learn from them and avoid them later. Here are some important estate planning stories that may help you avoid conflicts in the future. Michael Jackson: Didn’t Fund His Trust Michael Jackson’s estate and will have been an ongoing discussion since his death in 2009. With his estate now being worth over $600 million, there are a number of legal battles over his property. Although Jackson created a trust, it was not adequately funded. Due to this mistake, his beneficiaries have had to go to probate court multiple times. Even now, his estate remains open. The main takeaway from Jackson’s estate planning mishap is that a trust should be properly funded. Appearing in probate court is more expensive, more time consuming, and increases the likelihood of familial fighting. Heath Ledger: Didn’t Update His Will A person may have a will, but it does little good if it is not updated periodically. Prior to his death in 2008, Heath Ledger created a will, but did not update it following his daughter’s birth. Because Ledger failed to add his daughter to the documents, his entire $20 million estate went to his parents and three sisters. Fortunately, it was later revealed that all of Ledger’s money was transferred to his daughter, Matilda. In Ledger’s case, the lesson to take away is that a will should be updated accurately following any life changes. The situation could have also been avoided if Ledger included language in the will that referenced any of his kin being the recipient of his estate. Preparing for future decedents can also make it easier on the will-writer if the will is not updated frequently. Florence Griffith-Joyner: She Couldn’t Find Her Original Will Although Olympic sprinter Florence Griffith-Joyner had a will when she died at the early age of 38, the family could not find the original document. Florence died in 1998, but years of legal battles regarding her estate followed. Because the original documents were lost, her husband and her mother argued about whether Florence told her mother that she could live in the couple’s condominium rent-free. It took over four long years to close her probate estate without the will, which was much more costly. The moral of Florence’s story is for you and your close family members to know where you keep your will in case of an emergency. Lawyers that focus on estate planning will be able to keep a copy of your will or trust on file to make it most accessible for you to find documents. Next Steps in Estate Planning Whether you are a celebrity or not, estate planning can be beneficial and help you and your family in the long run. If you or a family member is ready to start planning for the future, give Your Legacy Legal Care a call to speak to an experienced estate planning attorney today.

A lot of assumptions go into creating wills. After all, drawing up plans to distribute your assets to your partner, children, or other loved ones hinges on the presumption that you will be the first to pass. Unfortunately, though, accidents and crimes sometimes claim multiple lives at once. On occasion, loved ones may die in close proximity to one another. Without proper preparation, such a situation could throw your carefully laid estate plans for a loop. While most people can benefit from detailed estate planning, succession planning becomes even more important for parents, high net worth individuals, and those in second marriages. As you develop your plans, keep the following in mind: Simultaneous Death Clauses When an accident involving people with intertwined estates has occurred, it can be impossible to determine who died first. As a result, there may be some confusion over who inherits what. Simultaneous death clauses provide clarification for such situations. They specify which person should be deemed to have died first – an important factor when considering estate taxes and the direction of their bequests. Fail to craft a simultaneous death clause, and your estate could be subject to the Uniform Simultaneous Death Acts that many states have put into place. Generally speaking, if two people die within 120 hours of each other and no estate plans have accounted for such a situation, each individual is considered to have predeceased the other. What does this look like in practical terms? Let’s say a married couple dies in a car accident but have no simultaneous death clauses in their estate plans. In such a situation, the husband’s other heirs would receive his estate as though his wife had predeceased him, and the wife’s heirs would receive her estate as though her husband had died first. Multiple Probate Cases Simultaneous deaths mean going through multiple probate cases at the same time. This frequently results in delays and additional expenses for surviving family members. That’s especially true when both partners list each other as their sole beneficiaries. Without a survivorship requirement in their wills, the law requires separate probate cases to administer the estates. If the wife died first, for instance, her property would be transferred to her husband’s estate because he survived her by hours. After her probate case is finalized, the husband’s will could transfer property to surviving heirs. Probate can be a lengthy, expensive process. It can be incredibly stressful for grieving loved ones. To go through it twice in a row can be especially difficult. By arranging for a simultaneous death clause, families can mitigate many of the most common pain points, allowing loved ones to focus on their emotional wellbeing rather than their financial picture. Titanic Clauses It’s hard to imagine a scenario in which all your heirs might predecease you – or die in the same incident. Sadly, natural disasters, accidents, and crimes claim the lives of families and their loved ones all the time. If such an incident happens to you and your family, do you know where your assets will wind up? Even the most thorough estate plans with three or four heirs listed can fall short in such situations. You may want to consider listing a favorite charity, academic institution, or nonprofit in your will for true worst-case scenarios like these. That is especially true if you prefer your assets to go to such organizations over a very distant relative. By listing your preferences in advance, you ensure your assets are distributed in accordance with your values and priorities. Review Your Estate Plan If you are feeling uncertain about what might happen to your assets and family should you and your partner pass at the same time, begin by reviewing your will or trust documentation. A simultaneous death provision may already exist in your estate plans. If you can’t find evidence of such plans, you may want to research your state’s law surrounding such incidents. While many places have Uniform Simultaneous Death Acts in place, not all states have enacted such legislation. Of course, meeting with an experienced estate planning attorney can also clarify your rights and options for surviving family members and loved ones. To put a plan in place to protect your estate from simultaneous deaths or to get your existing plan reviewed by an experienced estate planning attorney, contact our office today by calling (281) 885-8826 or schedule online here. #simultaneousdeathclause

“Death, taxes and childbirth! There’s never any convenient time for any of them.” ― Margaret Mitchell, Gone with the Wind Booking your first estate planning meeting is a must. Whatever life stage you are at, it is never too early to seek advice about getting your estate in order. It makes things easier and simpler in the future. Many people believe that, unless they own huge sprawling mansions or complicated trust funds, they have no need to consult an estate planning attorney. But in fact, your estate is anything and everything that you own. If you are still waiting for just the perfect time to get things in order, that time might never come. The thought of having to get pretty much your whole life organized and out in the open can be overwhelming. Where do you start? We have prepared a checklist of items to consider before your first estate planning meeting, to help it run as efficiently and effectively as possible. What Documents Do I Need to Bring with Me? The first thing that you should do is ask! Your estate planning lawyer works for you and will be more than happy to let you know if there is anything specific that would help them. Get in touch with the office and speak to a secretary to get some information up front. That is what they are there for. In order to get the most out of the session, your attorney needs to understand what your ‘estate’ is actually made up of. You need to establish what your assets are, what share you are entitled to and what those assets are worth. The most common areas that you will be asked to gather information about are: Property Your property is likely to be your biggest asset in your estate. It is therefore essential that you have specific information to hand so that you can receive the most accurate advice. Firstly, you will need to let your attorney know if your property is owned in your sole name or jointly. If it is owned jointly, they will need to know whether that is in equal shares or something else. Recalling when you purchased it and the price you paid at the time will also be useful. The value of your property will need to be established. This means the value of your property now, not when you bought it. If you have no idea what it is worth, it would be sensible to ask a local realtor to come and take a look and provide you with an appraisal. Making the effort to carry out this work before your meeting will be invaluable. Money in Bank Accounts / Investments This might sound obvious, but not everybody checks their accounts or investments on a regular basis. Bringing up-to-date statements to the meeting will give your attorney a clear picture of your assets as they are now. As with properties, it is also relevant whether the accounts are in your sole name or shared with someone else. The statements will help to clarify that. If you do not want to bring the actual bank statements with you, or they are kept online, you could create a simple table which lists the type of account, the amount it holds and whether it is in joint names. Valuable Possessions Your attorney is also interested in any items of value that you own. Think about anything that you insure or that is kept in a safe. Importantly, the relevant value here is what the item could be sold for second hand, rather than what you purchased it for. As with property, it is worth doing your homework before your meeting so that you can turn up with as full a picture as possible. Do you own a Rolex watch? Antique clock? Diamond necklace? Get them valued. Less valuable possessions, which are saleable, also add value to your estate as a whole, which could potentially have tax implications. However, you do not need to worry about getting every single item that you own valued, just give some thought to what the rough valuation is, so that you are not caught out on the spot if we ask for this. Insurance Documents Life insurance policies that pay out on death could help to cover your tax bill. It would be beneficial to bring along any policy documents to your estate planning attorney so that these calculations can be added into the mix of discussions. Additionally, oftentimes if you have nominated a beneficiary to receive a large sum of money from your life insurance policy, you might choose to focus on distributing your estate to others in your Will. What are My Estate Planning Goals? Now that you have a more detailed idea as to what you are worth, take some time to create a clear understanding of your goals. These will be different for everybody so do not worry if they don’t fit into a specific mold. Are you worried that the inheritance you pass on to your children might be lost through their divorce or separation? Do you want to protect assets in the event that you become disabled or unable to manage your finances yourself? Is the amount of potential tax distressing you? Has there been a significant life event which has prompted you to seek advice, such as the birth of a grandchild or receipt of inheritance? Whatever your reason for choosing to book a meeting now, being analytical and up front about your aims will help you get tailored and specific advice. What Questions Should I Ask My Estate Planning Attorney? As we have outlined, it is true to say that the purpose of the first meeting is partly for your legal advisor to get to grips with your estate and ask any questions they need in order to best advise you. However, the meeting is also for you to ask questions too. It would be great for you to come away having increased your knowledge, either about the law, the law firm, or even yourself. You can ask for an opinion about how often your estate plan will need to be evaluated. This will be different for everyone. Does your attorney think that the current advice will last the test of time or can they envisage certain circumstances in which it would need to be updated? If so, what are they? Will you need to come back in two, five, or ten years’ time? If you have children under 18, you should ask whether there is any additional documentation you need to prepare, to protect them in the event of your death. For example, to appoint a Guardian. Finally, make sure that you leave the meeting with an understanding of how your lawyer works. Will you be charged a fixed fee or for each hour that is spent on your file? How will your lawyer communicate with you moving forward – email, phone or another meeting? Any information gathered at these early stages saves crucial time once you are ready to get the ball rolling. Your Legacy Legal Care specializes in estate planning. We are passionate about advising you through the estate planning journey using real language for real people. No question is too small or insignificant. You can book your first estate planning meeting by calling us at (281) 885-8826 or schedule online here.

Healthcare is one of the biggest expenses any person must shoulder, but especially those that are retired. Despite working and saving for your entire life, many people discover they are not financially prepared for the high cost of medical expenses, especially when they retire. Whether you are just starting your career, approaching retirement, or transitioning out of the workforce, it is crucial to understand and plan for future healthcare expenses. Keep Your Health Insurance Until You Are Eligible for Medicare Medicare coverage kicks in at age 65. If you retire before that time, you will need some form of health insurance to help cover medical expenses. Health plans from the health insurance marketplace are an option, as is insurance from your spouse’s employer, employer retiree insurance, and private insurance coverage. To ensure that you plan accordingly, be sure that the health insurance plan that you decide to enroll in covers any pre-existing conditions that may apply to you our your family. Be Realistic About Expenses When creating your retirement budget, it is important to stay practical about insurance premiums and out-of-pocket expenses. Even if you are healthy now, it is impossible to predict exactly what the future might hold. For an accurate estimate based on your region, inflation, and other factors, talk with a trusted insurance agent provided by an estate planning attorney. Many people do not know that estate planning attorneys often work with insurance agents to provide their clients a trusted referral to help them get the healthcare coverage they need without “breaking the bank.” Consider Long-term Care Options At some point in most people’s lives, long-term care will be necessary. Long-term care insurance can help cover costs if you or your spouse need in-home care or residence in a long-term care community such as skilled nursing or memory care. Not sure how you will cover these expenses? Long-term care insurance is a good option. While the premiums can be expensive, there are ways to undercut the price. The earlier in life you buy long-term care insurance, the lower premiums will be. If long-term care insurance is not an option due to existing health conditions, estate planning and elder law attorneys can provide guidance on how to plan ahead before long-term care is needed to protect your assets. The Bottom Line Healthcare spending can easily eat up a person’s entire retirement budget. With careful planning, though, you and your spouse can enjoy a peaceful and relaxing retirement, stress-free. By estimating costs early on and creating a strategy for spending, you can help preserve your retirement money for other expenses. Unsure about how to start planning for future healthcare costs? Schedule an appointment with us at Your Legacy Legal Care. Our team can help you understand your options and chart the best course going forward. Click here to schedule your strategy session online or call us at (281) 885-8826 to start planning ahead today.

scheduling a consultation online This spring, President Joe Biden outlined a new infrastructure plan and American Families Plan to the tune of $4 trillion. In keeping with campaign promises, he plans to pay for these plans by raising taxes on corporations and Americans with a high net worth. In a break with his initial campaign promises, though, President Biden is no longer proposing an expansion of the estate tax. Despite this change, the plans – if enacted – could have major implications for estate planning. His proposal aims to increase income and capital gains taxes while also eliminating the step-up basis rules. These changes must be factored into your estate plans to avoid any unpleasant surprises. Proposed Changes President Biden has proposed raising the top marginal income tax rate from 37 percent to 39.6 percent. This would increase the capital gains tax rate for those earning more than $1 million per year, or married couples earning more than $2.5 million from 23.8 percent to 39.6 percent. That would equalize the rate paid on investment returns and wages for high-earning individuals and families. The elimination of the step-up in basis policy could also have serious implications for estate plans if not planned for carefully. The current policy allows individuals to bypass capital gains taxes when assets are inherited. The asset’s market value at the time of inheritance – rather than its value at the time of purchase – is used for calculating capital gains when the asset would eventually be sold. Planning Implications Estate planning always hinges on your specific assets and goals, but there are a few key takeaways worth considering. While it is hard to predict exactly which proposals will receive Congressional approval, it is always possible that the increase in gift and estate tax exemption implemented by the 2017 Tax Cuts and Jobs Act can decrease by the time it expires in 2025. If you are planning on making any gifts, it is a good idea to consult with an estate planning attorney before doing so to discuss both advantages and disadvantages and what it can mean for you and your family. At this point, it is premature to plan for the elimination of step up in basis or an increased capital gains tax rate. Instead, take this opportunity to clarify your assets and understand how your specific estate plans might be impacted by the proposed changes. If you are concerned about the possible upcoming changes in laws regarding estate planning, Your Legacy Legal Care will help guide you to ensure you, your family, and your assets are best protected. Take the first step in protecting your family and your assets today by scheduling a consultation online, or by calling us at (281) 885-8826.

Generosity can be a beautiful thing. There is nothing quite like working hard for a living and sharing what you have earned with your loved ones. Unfortunately, though, there are some limitations on that sense of generosity when it comes to taxes and other factors to take into consideration when it comes to estate planning. Noble motives do not matter in the eyes of the government; each American must follow the same set of rules that would apply to any other lifetime transfers – no matter who you are giving to. Before you take out your checkbook to gift your friends or family money, check out these dos and don’ts: DO Fund College Plans (529 Plans) One of the best ways to gift money to loved ones is to set them up with a Section 529 education savings plan. They help relieve the burden of tuition, books, room, and board. 529 account contributions are considered gifts, but the money grows tax-free and can be withdrawn tax-free, so long as it is used for college tuition or related expenses. DON’T Exceed $15,000 in Checks and Cash The annual gift exclusion allows individuals to write checks or gift cash values up to $15,000 to as many people as you would like per year. Spouses can combine their exclusions for up to $30,000, tax-free. Go over that amount, though, and you will be expected to shell out between 18 and 40 percent on gift taxes. There is a lifetime limit to this rule, too. Everyone can gift up to $11 million tax-free, and each couple can gift up to $22 million. Although this amount can change if any future legislation is passed, you can start planning today with an experienced estate planning attorney to help carefully execute a tax plan. With proper planning, it is easy to come in well under the exclusion limits. DO Pay for Tuition, Medical, and Dental Expenses If you are eager to support a loved one in their quest to get healthy or educated, paying their bills is a great option. Without using your annual exclusion, you can pay for tuition, medical, and dental expenses for anyone you want. You must make payments directly to the service providers, though – do not just reimburse your friend or family member. DON’T Forget the Gift Letter Houses are expensive. It is no wonder that so many financial gifts aim to help first-time homebuyers put money down on their dream property. If your loved one is using the money you have gifted them to buy a home, do not forget to write a gift letter. It helps clarify that your money is indeed a gift, and you have no expectations for it being paid back. Be sure to include your contact information, your relationship with the buyer, the dollar amount of the gift that has been given, and a statement that no repayment is expected. DO Offer Rent-Free Living Want to let someone live in your house rent-free? Or perhaps you see yourself buying a home and letting a loved one stay there for free. So long as the fair market value of the rent does not exceed the annual exclusion amounts, you are free to do just that. DO Consult with an Estate Planning Attorney Ensuring you are doing the proper thing when gifting to your friends or family members will pay off in the grand scheme of planning ahead. Your loved ones should not have to be burdened by the IRS upon your death or have any unexpected tax bills hit their mailboxes. By speaking with a member of Your Legacy Legal Care’s experienced estate planning team, you can rest assured that your assets will be transferred while also mitigating the tax expenses that your estate may be liable for in the future. To begin planning today, click here to schedule your strategy session online, or call our office at (281) 885-8826.

New presidents often mark the beginning of a new era of tax laws. For President Biden, the estate tax is a very likely target for change. The impact of potential changes reaches far beyond the estate tax, though. With Democratic majorities in both the House and Senate, change in tax law is almost guaranteed, which may mean you need to update your estate plan to help protect your assets even more than they already are. Here are just a few factors to consider as you establish or update your estate plan under the Biden administration: Estate Tax Exemption Adjustments Estate tax exemption rates vary from administration to administration. As of now, your estate can be valued at $11.7 million before being hit with any estate taxes. President Biden’s tax plan aims to reduce this number to $3.5 million, which is a significant drop that could leave many people with taxable estates without careful tax planning. Gifting early in your retirement or utilizing life insurance as an estate planning tool may be a good option for wealthy individuals, among other tactics that Your Legacy Legal Care can assist with. Recognize Gains During Your Lifetime Depending on your tax rates, you may want to sell an asset with a low tax basis, pay a capital gains tax at a lower tax rate, and then gift the cash to your beneficiaries during your lifetime. For instance, a taxpayer would pay the capital gains tax after selling an asset, then give the full proceeds to children in lieu of passing on a low tax asset after passing. This removes the asset from your taxable estate at death. Make Annual Exclusion Gifts Under current tax law, a person can gift an individual up to $15,000 without any tax implications. Medical and educational gifts paid directly to an institution are also considered tax-free. The Biden tax plan advocates limiting this annual exclusion to a once annual total of $15,000 – not $15,000 per beneficiary, which could limit you from gifting more than the current limit to your loved ones. Continue making these gifts, and you will see a decreased tax bill on your overall estate at the time of your passing. The Professional Insight You Need It is vitally important to prepare now for the wide range of potential tax changes that may occur under the Biden administration. While no one can predict the future, experienced estate planning attorneys can make recommendations that best protect your assets and family. Your Legacy Legal Care has seen many changes in tax law over the years, and have options that are available to help you protect your assets and loved ones today. Get a head start on protecting your loved ones and your hard-earned savings today by scheduling a strategy session online or by calling our office at (281) 885-8826.

When faced with a serious illness, there are many things that feel out of your control. The sense of fear and helplessness can seem overwhelming. Believe it or not, there are steps you can take to regain a sense of control. By creating a lasting legacy for yourself, you can ensure the easiest possible future for your loved ones, and the security of remaining in control of many aspects of your own life. Nobody knows what the future holds, but when your health is on the line, it is important to take action as soon as possible. Estate plans can help ensure your wishes are respected should you become incapacitated or pass away. Regardless of whether you have existing estate plans in place or if you are starting from scratch, take these steps to protect yourself, your assets, and your loved ones: Create or Update Advanced Healthcare Directives Thinking about end-of-life care is never an easy thing to do or talk about. After being diagnosed with a serious illness, though, it is important to consider how you would prefer to be cared for when you cannot speak for yourself or make decisions on your own behalf. Should you become incapacitated, it is crucial that your loved ones and healthcare providers have a record of your wishes. Advanced healthcare directives help explain your preferences for things like comfort care, if you want a feeding tube, and even whether or not you want to be put on life support. Designate a Medical Power of Attorney Documenting your preferences for end-of-life care is just the start. While you are making such important arrangements, you should consider appointing an agent for your medical power of attorney. This person can make decisions on your behalf in the event of your incapacity or disability to make these decisions yourself. Your advanced healthcare directives can serve as a guide for many of these decisions, but your medical power of attorney will be there to make additional calls as needed. Appoint this person carefully as they may one day face difficult choices about your treatment. Update Beneficiary Designations When you opened your retirement account or life insurance policy, you likely listed a loved one as your beneficiary in case of your passing. Things change over time. The people you chose as beneficiaries then may no longer be a part of your life now. If you have gotten married, divorced, or had kids in recent years, you may be overdue for updating your beneficiary designations. Take a moment to make sure your plans reflect the relationships that mean the most to you now. Meet with an Estate Planning Attorney It can be scary to plan for the future when you are not sure what lies ahead. The experienced team at Your Legacy Legal Care has the knowledge to help you understand your options and ensure your plans are carried out as you intend. To learn how you can best protect yourself from a potential guardianship matter, schedule a strategy session online or call our office at (281) 885-8826 today.