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  • Asset Protect That Doesn’t Depend On Your Aim

    Asset Protection That Doesn’t Depend On Your Aim – There’s an old saying that goes something like, “God made man, but Sam Colt made them equal.” In the rough and tumble West, a revolver made it possible to protect your family and your property like never before. It became easier to take risks and move into unsettled territories. Thankfully, we no longer live in a world where our ability to provide for our families and protect our property from ne’er-do-wells depends on our aim. Today, there are many more sophisticated ways to ensure that your assets do not come under attack. What legal tactic will work best to protect your assets depends on what your long-term financial goals are, and what obstacles you believe you might face. If you are worried you might be sued because of your line of work, we can help you set up an LLC that will shield your personal assets. This is helpful if you might be targeted in a malpractice lawsuit, or if you fear frivolous litigation filed by an ex business partner or spouse. We also help protect elderly clients from scam artists by drafting power of attorney documents that allow a trusted friend or family member to help them oversee their financial life and make decisions on their behalf. It can give everyone in the family peace of mind to know that Grandma will not be taken advantage of by a quick-talking telemarketer without someone noticing right away. Clients who are about to be married may want to protect themselves and their children from prior relationships by executing a pre- or post-nuptial agreement. These documents can structure debts and assets so that everyone is clear about where they stand financially. Financial issues are the number one reason couples fight, so getting them out into the open relieves a lot of tension and stress. Perhaps the most popular way to protect significant assets and pass them on to a future generation is to set up an irrevocable living trust to hold them. Properties held in a properly-crafted trust do not count as assets when you are applying for Medicaid, and are protected from division if you or another member of your family gets divorced or goes into debt. Irrevocable trusts also allow you to pass on properties outside of the probate system, and without paying certain taxes, further protecting your assets. If you are serious about protecting your assets and passing them on to the next generation, it is time to talk to an experienced estate planning attorney. You can take the law into your own hands by crafting a custom-made asset protection plan that fulfils your goals and fits your needs. It is unnecessarily risky to rely on the default legal rules or a cookie-cutter plan you could print off the internet when working with an attorney will get you the results you desire and the peace of mind you deserve.

  • Declining the Duty of Being Power of Attorney

    We have all heard the importance of having a Will. You may also have heard about the importance and benefits of assigning a power of attorney to carry out your Will upon your death. But what happens when your power of attorney changes his or her mind? There are several reasons as to why a designated power of attorney does not wish to carry out the accompanying duties. In fact, it is a big undertaking to serve as someone’s power of attorney and great consideration should be given on both the part of the Principal (the owner of the Will) and the Agent (the person who is acting on behalf of the “principal”). The two most common types of power of attorney are: General durable power of attorney – this is the power of attorney for finances. The named agent may act on behalf of the principal to handle such things as banking, selling a house, or paying bills. 2. Healthcare or medical power of attorney – this power of attorney is pretty straightforward. It enables the agent to make medical/health care decisions should the principal become incapacitated. It is important to note that accepting the responsibility of becoming one’s power of attorney does not make he or she liable for any debts of the principal. However, there are still many other reasons to decline the job. Sometimes the emotional burden of making decisions for a loved one is too much to bear, while other times personal situations may be too distracting. What to Think About Before Committing to Being Someone’s POA Accepting the duty of being a loved one’s power of attorney can be daunting; it is no small job. That is why it is so important to give much consideration to quite a few things prior to committing. Despite the ability to decline the duty down the road, it is wise to think about several things before even initially accepting. It is extremely important to first consider your emotional fortitude. Are you an emotional mess or do you have the tough, objectivity to make sound decisions – especially during a medical crisis. You know yourself better than anyone else; if it is too difficult to be put into that position, you may want to decline. In the event that your loved one becomes incapacitated and his or her health is declining, it is important to consider your schedule, distance, and lifestyle. Sometimes, serving as someone’s power of attorney requires that you be available for potentially weeks or even months in the event of a medical crisis during which decisions need to be made. Another important thing to think about is how accepting this duty will affect your family dynamic. If accepting power of attorney is likely to be a source of severe contention for you and will cause you much emotional hardship, you may want to reconsider. Naming Successor Agents It may be wise of a principal to name successor agents in the event that the designated Executor could not fulfill the duty. The event of an individual not being able to serve is quite common. If you do not want the responsibility but no one else is willing to take it on either, it may be a good idea to set up an agency arrangement with a bank, which will take on some of the financial matters should the principal become incapacitated. You also have the option of creating a revocable trust with the bank named as the successor trustee. There are many ways that you can set up a situation for who is to make decisions. However, the most important thing is to always be honest about what you feel comfortable with. It’s better to be truthful now and give your loved one the opportunity to reconfigure arrangements, than to backpedal down the road.

  • What to Expect During Probate When There Isn’t a Will

    Most people know about a last will and testament that helps transfer assets from an individual who has passed away to their listed beneficiaries. In the time following the death of the benefactor or the “decedent” the property and assets go into what has known as probate. Probate is the legal process involved in transferring property from the deceased’s estate to their beneficiaries. Probate typically occurs when there are real properties or financial accounts involved. Selecting the Type of Administration In situations where there is not a will, the first thing you will need to do is to select the type of administration. Affidavit of Heirship- No administration, or the Affidavit of Heirship is used to establish the title to real estate when the asset is the actual property. No formal administration is needed in these situations where the decedent died without a will and the affidavit of heirship is filed with the county clerk, not the court. Small Estate Affidavit – This administration is used to collect a small amount of money owed to the estate, like a small bank account. The entire assets of the estate, aside from the homestead, must be less than $50,000 and 30 days must have elapsed since the death of the decedent. Determination of Heirship – This type of administration is used when all of the heirs of the estate cannot or will not sign a small estate affidavit. The decedent must have died without a will or with a will that didn’t include any real personal property. There must be no debts due on the real estate. After a hearing in court (without administration) the court will declare the identity of the heirs of the estate. Independent Administration- This type of probate can only occur when the decedent’s date of death was in the last four years. The heirs must all agree on a qualified independent administration (can be a person, firm or corporation). If not, the court will appoint an Independent Administration of the Estate. Dependent Administration- This probate is used when all of the heirs cannot agree on beneficiaries and there is argument regarding the decedent’s estate. The decedent must have died within the last four years and there has to be a need for a formal administration. This may also be used when one of the beneficiaries is a minor. Collecting All the Information They Can on Decedent With the help of an attorney, it is important that the beneficiaries involved are able to get as much information as possible on the decedent. This will only help the attorney assisting you through the process. If you have any questions about how the process works or are looking for an attorney to help you through this process, contact the attorneys at Your Legacy Legal Care Firm today at (281) 885-8826 for more information on probate. #nowill #Probate #Will #withoutwill

  • Long-Term Care Facilities Required to Request Guardianship Orders

    When a loved one becomes mentally or physically incapacitated and unfit to care for themselves on their own it is a devastating issue that their families have to go through. When this happens, family members and loved ones can legally request to be named as “guardians” of the individual. This is a large responsibility and one that helps ensure there is a competent adult making decisions in the best interest of the individual. The Responsibilities of the Guardian Guardianship is designed to be a legal relationship between one competent adult and an individual who is no longer able to care for their own affairs. In this situation, the individual who is needing care is legally known as the “ward.” Once the agreement has been finalized, the guardian is able to make any legal, financial and healthcare decisions for “the ward.” How Are Guardians Appointed? With the help of an attorney, you can file a petition for a hearing in probate court in the county that the senior currently resides. The senior typically has legal representation at the hearing as well. The court then attempts to determine if the “ward” is incapacitated and to what extent they are capacitated and how much assistance they really need. The court then determines whether or not the individual looking to be the responsible guardian is fit for that role. How Do Long-Term Care Facilities Handle Guardianship Orders? Guardianship orders are not new. However, there are new rules to govern the way that long-term care facilities handle guardianship orders, as a way to help protect their senior residents and their needs. These policies that are ensuring that both nursing homes and assisted living facilities have legal proof of who the legal resident’s guardian is. As of September 2015, all nursing homes and assisted living facilities in the state of Texas were required to request a copy of any court order that appoints guardianship of a resident or resident’s estate. It is the responsibility of the residents nearest relative or the individual responsible for the resident’s support. The guardians will not only be responsible for deciding what long-term facility the senior will be living in, but they will also monitor their experience at the residence and handling finances and monitoring different services they receive while under care. The Guardian has a great deal of responsibility when it comes to their loved one’s experience in a long-term care facility. When the nursing home or assisted living facility is fully-informed of who the legal guardian is, they know who they must communicate with and who is responsible for major decisions while the senior is under their care. If you have any questions regarding the guardianship process or submitting guardianship orders to long-term care facilities, contact the experts at Your Legacy Legal Care at (281) 218-0880. #assistedliving #longtermcare #NursingHome

  • Trusts Can Protect Your Heirs from Themselves

    How Can a Trust Help? Trusts are a legal way to help protect heirs when they receive a sizable amount of money so that they can make smart financial decisions for themselves now and far into their future. Your Trust Options Depending on your retirement plan and other existing accounts, different types of trusts may help your heirs receive money in a more managed way– even if you are no longer there to help control it. Here are a few examples of trusts that are options to you; IRA Trust: Designed to prevent an heir from receiving money outright from their benefactor’s IRA, should the account owner die. Without a trust in place, an heir can treat an inherited IRA as a type of account they can draw from as they want to, as long as they take a required minimum amount of distributions under the rule of the IRS. IRA Trusts also give your heir asset protection that they don’t have in all states. Revocable Trusts: Allows you to retain control of all the assets in the trusts and you are free to revoke or change the terms of the trust at any time, which can be helpful if your heir’s behavior or actions change at any given moment. Asset Protection Trusts Beneficiary Trusts With your options in mind, the best course of action is always to seek professional legal counsel when creating a trust that works explicitly for your situations and your heirs. Estate planning can be stressful and at times emotional process, but when it comes to trusts, an experienced attorney can help make sure you have a system in place that keeps the best interest of your heirs in mind, even if they don’t realize it at the time. Trusts allow you to control how and when the money is spent The individual setting up the trust can make sure that any trust money will be used positively to help the beneficiary make smart spending choices. Benefactors who are young, or who may have a proclivity for poor spending can be protected in trusts with specific rules and stipulations that can help ensure the money is given to these individuals in a controlled way, instead of allowing the heir to withdraw and use the money as they want, on a whim. Estate planning can be complicated. Taking the time to make a trust for your heirs is a smart way to ensure they are getting financial support in controlled and responsible manner. If you have questions about the benefits of trusts or estate planning in general, please feel free to give the experts at Your Legacy Legal Care a call at (281) 885-8826. SaveSave SaveSave #Heirs #protect #Trusts

  • Important Steps to Complete a Medicaid Application

    For years, Medicaid has been helping countless people get the care that they deserve. This state-administered program was designed specifically for disabled and low-income U.S. citizens as well as legal aliens to help get the hospital care and doctor services that they need. One of the main ways that Medicaid helps today’s in-need seniors is by helping them with the costs of nursing home care. Long-term care for the elderly and disabled can be extremely expensive, and most people aren’t sure of how to complete the Medicaid application to see if they qualify for this type of financial aid. However, the process can be more complicated than just merely qualifying or not. This is where the professionals at Your Legacy Legal Care Firm come in. We can walk you through every step of the process and represent you and your interests so that you can make the right decision for your situation. Step 1: Determine if Medicaid is Right For You Many seniors consider Medicaid when they discover they are unable to cover nursing home care on their own. Before you move forward with your Medicaid application, it is essential to determine if this is the right decision for you and your unique situation. First, we will walk you through what Medicaid does to assist eligible individuals. We must also address specific asset preservation requirements. Depending on your unique financial situation, your home or other assets may be at risk if you enroll in the Medicaid program. We are here to help you understand how the process works and to help you protect your property during this process. Step 2: Gather Your Supporting Documents In addition to filling out an application, you also need to provide a few different supporting documents. Proof of age (birth certificate or driver’s license). Proof of citizenship or resident alien status(limited benefits only). Proof of income (pension award letters, pay stubs, Social Security, etc.). Proof of assets (including most recent statements). Proof of disability, if applicable. One of the main reasons that Medicaid applications get denied is because applicants do not provide enough supporting documents or the right supporting documents. The actual application is particular about what documents are required, making it easy to determine what will work and what will not. We can help make sure that you have everything in order for your application. Step 3: Submit Your Application. You can submit your application via fax, on paper, online or in-person at your state’s Medicaid office. When your application is complete, a caseworker will review your application and determine if you qualify for Medicaid benefits to cover your nursing home care. With Medicaid coverage, you must go to a long-term nursing home care facility that is Medicaid certified. If you are looking at assisted living communities, Medicaid will not pay for room and board or rent in these communities. However, there are still other programs available that are open to Medicaid beneficiaries which can help with the costs. Typically, Medicaid applications are responded to within 45 days. If your application is denied, you can appeal. The Medicaid office outlines how to start the appeal process in your denial letter. If the denial was due to a lack of supporting information, they will likely outline what documents you need to re-open your Medicaid application. If you have any questions regarding the Medicaid application process, visit the professionals at Your Legacy Legal Care Firm. We can help answer any of your questions about Medicaid and. Call us today at (281) 885-8826 for more information.

  • Understanding the Guardianship Process For a Loved One With Disabilities

    If you are caring for a loved one with disabilities who is currently under the age of 18, the idea of them reaching adulthood may seem overwhelming. As their loved one, you likely want to continue being able to care for them and look after them, yet certain laws may make that seem difficult. The good news is, there are programs in place that are designed specifically with special needs adults in mind, that allow parents, loved ones and caregivers to continue to provide care even when that child turns 18. This is all through a process known as guardianship. Guardianship is a legal means of protecting any adult who cannot take care of themselves or act in their own best interest. There are many parents who assume that they will be able to continue to act as their child’s legal guardian during their entire life. However, that isn’t the case. Even when a child does not have the capacity to make informed decisions, legally any child, even one with a disability is presumed competent unless otherwise determined. This determination is made after a competency proceeding, otherwise the parent will no longer legally be able to act as their child’s guardian. There will be a hearing before a judge as part of this process and you will need to present evidence of the need for guardianship. You must also show that the proposed guardian, whether it is a parent, sibling or other loved one, is fit to be appointed and capable of handling these responsibilities and that no one of higher priority is available. For example, in some families, an older sibling or aunt may step in and act as a guardian if the disabled child’s parents are no longer available. During the hearing, there will be two attorneys involved. One will represent the person asking the court to appoint a guardian and one representing the person being cared for. Witnesses such as the child’s doctor or friends and family may also be called to provide additional information. Guardianship is a great way for parents to make certain they are protecting their child from those who may exploit them in the future and their inability to make informed decisions. In order to make sure that people aren’t abusing the system and that this legal protection is reserved only for those who truly need it, the process of appointing a guardian can be a bit complicated. The best way to make sure that you are following all of the appropriate steps is to work with a licensed attorney who specializes in this specific type of law. Special needs planning can seem daunting. However, if you understand what guardianship is and how it works in today’s legal world, you can make sure that you are taking the steps necessary to keep your loved one safe and protected. The expert attorneys here at Your Legacy Legal Care Firm specialize in guardianship law and can help you through every step of the process, so your loved one can get the legal protection they need. Making sure your special-needs loved one has an appointed guardian can guarantee their well-being long into adulthood so they can continue to live the happy, care-free, loving life that they deserve. SaveSave

  • Essential Tips for Talking to Your Loved One About Your Estate Plan

    Creating an estate plan for you and your spouse can often be a challenge. You want to make sure that your loved ones are taken care of when you are gone, yet discussing this delicate topic can often be both difficult and emotional. However, no matter how uncomfortable, it is essential that you discuss your estate plans with your loved ones before you pass and chances are your loved one will be very happy you did. Hold Your Discussions in a Comfortable Setting You need to discuss your estate with your loved one in a setting that is best for you and your family. For some people, who are dividing everything equally, a large family meeting is best. Others who have personal or specifics bequests may want to sit down one-on-one with each family member. There is no wrong way to do it; you just have to do what you feel is right for all parties involved. Try to Stay Focused on the Topic at Hand If there are two topics that most people don’t like discussing, it would probably be death and money. Unfortunately, these are two topics that fall under the umbrella of estate planning. There is no handbook for talking about estate planning, but the more straightforward and upfront you are about the topic, the more comfortable everyone will be. It can be easy to feel emotional when talking about a future without you in it, but the less emotional you are, the easier it will be for your loved ones to contribute to the conversation. Make Sure to Discuss Caregiving A lot of estate planning comes down to dollars and cents, but there are other topics that you will need to discuss with your family members, particularly related to elder care. Power of Attorneys, money, driving and living arrangements are all categories that need to be discussed. Who is going to make healthcare decisions for you if you can’t? This needs to be addressed early on. Talking to your children about how they and their siblings should handle caregiving can be a delicate issue, but it is better for your family in the end. You can get some peace of mind knowing that your intentions are clear and that there will be no confusion among your children or family members should they need to make these difficult decisions. Make Sure to Cover What is In Your Will There is a misconception among some that the contents of their will should be kept private until they pass. However, discussing your will with your family members can be helpful for all involved so they are prepared and there are no surprises later on. This can be difficult if you have blended households or multiple generations of family members as keeping expenses, responsibilities, and benefits all equal can be a challenge with so many involved. Take your time when making a plan, so you feel everything is fair and then sit down individually, or with groups of family members to discuss your decision. Remember There is No Wrong Way to Divide Assets Dividing assets is one of the most delicate parts of estate planning, even more, delicate than dividing responsibilities. Some people emphasize fairness and leave equal shares and to every family member. Others prefer to make one-of-a-kind personal gifts to every child and grandchild, according to what they feel is best. There is no wrong way to divide assets and sometimes family members may be surprised by or not agree with your approach—however, it is always up to you and what you feel is best. If a family member doesn’t agree with you, don’t feel pressured to change your plan. While discussing topics such as finances and wills can sometimes be uncomfortable, make sure that you take the time to talk about these important topics with those you care about the most. If you ever have questions about estate planning or how to talk to your loved ones about your plans, make sure to consult an expert attorney for advice. The professionals here at Your Legacy Legal Care are always available to sit down and talk to our clients about the intricacies involved in estate plans. SaveSave

  • Preparing an Inheritance for Your Child With Disabilities

    Inheritances One of the biggest questions that parents of children with disabilities tend to have revolves around inheritances. While an inheritance is a natural part of estate planning, there are a few different reasons that some parents may not want to leave their child with a disability with a standard inheritance. Some worry about others taking that money from their child, while others may want their children to qualify for Medicaid and other specific benefit programs. However, in order to qualify for Medicaid, special needs children cannot have more than $2,000 in their name. Another approach that some parents take is to disinherit their special needs child and instead give the money to a family member who promises to care for that child. While one solution, it has huge pitfalls and is a solution that needs to be thought out in great detail first. Special Needs Trusts The good news for parents with children with a disability is that there are actually trusts available now that are specifically meant for families in this particular situation. This special type of Trust is created as part of your estate plan and can actually dictate that the money cannot be used for necessities like clothing, medication, food, and shelter so that your child will still qualify for the different government programs that they may need down the line. The money can, however, be used for programs and amenities that don’t fall within these government programs such as entertainment, travel, and recreation. With these Trusts, you can write a specific letter of intent to either a caregiver or even a facility or group home, so it is clearly detailed how the money is meant to be utilized. 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. If your child inherits without a trust, it still may be possible for a disabled individual under the age of 65 to remain eligible for Medicaid even if they get a direct inheritance or similar financial gain. This is allowed only if the gain is placed is a qualifying Trust, also known as a “payback” Trust.  This trust will pay back the state and federal government for any Medicaid benefits that were paid on the child’s behalf before any family will inherit. While no parent ever wants to think about their child with a disability being in a position where they need to survive without them, it is important to plan ahead for these types of issues with proper estate planning. Here at Your Legacy Legal Care, we specialize in helping families find the best legal solution needed to make sure their children are getting the financial assistance they require. If you need help getting started, contact Your Legacy Legal Care at (281) 885-8826 to schedule a consultation and learn more about how these financial solutions may help you and your family. SaveSave SaveSave

  • Harris County Probate Law – The Basics

    Harris County probate lawyer can expect to happen during the process.  The following is a simple breakdown of some of the most common aspects of probate law in Texas. First of all, probate is the name of the legal process that takes place to distribute a person’s estate once he or she has passed away.  With some exceptions, such as trusts, life insurance payments, retirement plans, and a few other things, all of a person’s assets must go through this process in order to ensure they are being distributed legally.  An “estate” is not just a term used for rich people.  The majority of the assets left behind—houses, vehicles, money, personal property, retirement accounts, etc. are all considered part of the estate. Once an individual passes away, someone will need to petition the court to be named as the Executor of the estate.  Typically, this is a family member or close friend of the deceased.  If the deceased had a will, he or she will likely have chosen the person they want to fulfill that role.  If not, however, the courts will decide who should have the position if multiple people step forward.  This person will work closely with the probate lawyer throughout the process.  It is a big responsibility and can be time consuming. Again, if there was a will, then one of the first steps the executor and the Harris County probate lawyer will do is to “prove” that the will is valid; this is the first part of the court process.  They will then compile a list of assets, debts, and heirs to be presented to the courts.  The executor and probate lawyer are also charged with alerting creditors and family members of the death. Because the probate process can take a considerable amount of time, it is also the executor’s job to manage the assets of the estate throughout the legal proceedings.  Many people find that this job is much easier under the guidance of the probate lawyer, as the attorney will likely have far more experience than the executor. Based on debts and assets, the personal representative will have to determine whether or not assets will need to be sold to pay for outstanding debts, including taxes.  The representative is also required to have all the assets appraised for value.  If there is a will that bequests money to heirs that is currently tied up in investments, then the probate lawyer will also help the executor sell those assets to meet the terms of the will. A good Harris County probate lawyer will be able to guide the representative when it comes to how to manage, sell, and distribute assets according to the findings of the courts.  Once all the property has been distributed, the executor and probate lawyer will follow up to make sure the estate is “closed.” If you would like to talk to an experienced Harris County probate lawyer, feel free to call us(281) 885-8826. With the mention of this article, we will be happy to offer you a consultation. #HarrisCountyprobatelaw #HarrisCountyprobatelawyer #Probate

  • Estate Planning for Women | Houston Will and Trust Lawyer

    For example, the needs of women have been changing dramatically over the past several years.  Gone are the days when a woman was expected to stay home and live on an “allowance” if her husband chose to give her one.  Instead, so many women today have their own jobs, their own finances, and their own desire to protect their assets. Older Women and Widows Statistics show us that women typically live longer than men. So, in the case where the couple created an estate plan while both were living, once the husband passes away, she will need to update it since the widow has an entirely new set of needs.  She needs to make sure that her estate is able to support her as costs continue to rise, as well as to determine what she would like to have happen to her assets after her own death.  She may even need assistance to understand the estate and how to handle the finances.  This is especially true and frightening for the woman who has never handled the finances. Younger Women There are plenty of reasons that a younger woman needs to meet with a Houston will and trust lawyer. In the case of a single mother, nominating a guardian for her kids is critical in case of the mother’s death or incapacitation.  If a guardian is not legally named, the courts will step in and choose a guardian for the child without taking the mother’s wishes into consideration. An estate planning attorney may also advise younger mothers to consider setting up a trust for their child(ren) and maybe even to look into life insurance policies that could be used to fund the child(ren)’s future. Whether married or not, many younger women have careers and would benefit from retirement planning in this earlier stage of life.  By being proactive early on, a woman can set up her 401k and other accounts to make sure she realizes her long-term financial goals.  Looking to retire young, to pay for your kids’ college, or to travel the world?  A Houston will and trust lawyer can help put things in motion now to make that a reality later. If you have a significant other in your life, it makes sense for the two of you to work together with the estate planning attorney to make sure that your goals align and that your plans are compatible.  Your attorney can help you properly deal with “his, hers, and ours” to ensure that your assets are titled properly and that your financial house together is built on a solid foundation. We have years of experience helping women in Houston plan for their future. If you are ready to get started, call our office at (281) 885-8826 and schedule a consultation. #estateplanning #estateplanningforwomen #Houstonwillandtrustlawyer

  • Who Needs to Consider Trusts for their Children in Houston?

    Really, though, even those in the middle class should be thinking about setting up trusts for their children.  Even if you do not have a lot of extra money lying around, you have other assets that can quickly add up in value.  Add to that the payout from a life insurance policy, and you suddenly realize that you have quite a bit of financial worth that might be left behind to children who are not ready to handle it.  Anything more than about $100,000 is reasonable to consider putting into a trust for children. What Does the Trust Do? When you set up a trust with your trust and estates lawyer in Houston, you will discover that there are many different ways to use this tool.  One of the most important benefits of a trust is that it allows you to stipulate how your children will use the money you leave behind.  If your intention is for your kids to use the money for college, but they want to use it to buy a sports car instead, what is to stop them? In your case, the trust is what can stop them.  You can implement restrictions on how the money is spent.  You can, for example, determine that the funds in the trust are designated for specific functions, such as paying for education or day-to-day expenses.  In some cases, there is a designated adult to help keep things on track, although this person must be chosen wisely.  In other cases, the parent sets age limits on the trust, assuring that the children do not have access to the money until they have more time to mature. Protecting the Trust Another reason to consider a trust is to protect your children’s money from misuse by the adult in charge of the funds.  In the case of a “custodial” account, the person in charge can have a lot more say in how the money is spent.  This could translate into frivolous expenses, including paying himself or herself an unrealistic amount to “manage” the funds.  With a trust, however, the person in charge (the “trustee”) is held more accountable and is required to follow your wishes. If the trustee does manage the funds poorly, it is also possible that your child would have some legal recourse, as the trust is a legal contract. Talk to a Houston Trust and Estates Lawyer The best way to determine if a trust is right for you and family is to talk to a Houston trust and estates lawyer.  Our attorneys are available to sit down with you to review your estate plan and consider how a trust or other estate planning tools can best meet your needs.  To schedule a planning session, call us at (281) 885-8826 and mention this article. #estateplanning #HoustonEstatePlanningAttorney #Trusts

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