There is an estimated 78 million boomers that have or will reach the age of retirement in the next few decades. In fact there is one person reaching the age of 65 every 10 seconds, so this begs the question, what do boomers need to do in advance of reaching retirement age? In a society where healthcare costs are rising and the cost of living is increasing, it’s crucial to be prepared long before you may think it is necessary. Below is a list of tips that baby boomers should consider: - Legal documents: We are concerned with “What happens…
Once upon a time, when life was less complicated, the key to a safe deposit box was all loved ones needed to gain access to important documents and accounts following a death. Today, many aspects of our lives — both financial and personal — are lived in places accessible only by password. We have e-mail addresses, Facebook and MySpace profiles, and accounts with PayPal, eBay, and online brokerages and banks. In addition, many people communicate regularly with people they know only through game or social networking sites. When a person dies, access to these accounts and contacts can be lost…
Seniors face a myriad of health, finance and legal issues that can significantly affect their lives and families for years to come. Elder Law Attorneys understand the unique needs of older adults regarding physical and mental limitations and navigating the complexities of retirement living and financial and estate planning. An elder law attorney can help with the following legal issues related to seniors: Health and personal care planning (healthcare decisions, powers of attorney, living wills, disability planning, end-of-life care) Financial planning (employment and retirement issues, asset protection, estate and gift taxes) Long-term care planning (long-term care and disability insurance, Medicare,…
There is a tendency to view elder law estate planning as a static process i.e. once done don’t need to do anything more. However,estate planning is rarely a one-time event. Besides accounting for legal changes, the plan must be modified to account for life changes — birth, death, divorce, finances and health. Even the best of plans may be obsolete by the time they are needed, sometimes many years later. At a minimum, an estate plan should be reviewed every three years to see if any life or law changes affect it. Over time, clients may want to change their…
You have worked hard your entire life and have accrued some assets. However, these assets can be at risk if they are not properly protected. There are a number of methods to protect your assets. Therefore, it’s advisable to get expert advice when considering protecting your assets, especially in today’s economy. Here are a few examples of just how you could protect your life’s work: One of the best ways of protecting your assets is by estate planning, through various trusts. Another way to protect your assets is to think about an asset protection plan. There are various provisions in…
For most people, the durable power of attorney is the most important estate planning instrument available–even more useful than a will. A power of attorney allows a person you appoint — your "attorney-in-fact" — to act in your place for financial purposes when and if you ever become incapacitated. In that case, the person you choose will be able to step in and take care of your financial affairs. Without a durable power of attorney, no one can represent you unless a court appoints a conservator or guardian. That court process takes time, costs money, and the judge may not…
Many people think that estate plans are for someone else, not them. They may rationalize that they are too young or don't have enough money to reap the tax benefits of a plan. But as the following list makes clear, estate planning is for everyone, regardless of age or net worth. 1. Loss of capacity. What if you become incompetent and unable to manage your own affairs? Without a plan the courts will select the person to manage your affairs. With a plan, you pick that person (through a power of attorney). 2. Minor children. Who will raise your children…
Emotions can run high at the death of a family member. If a family member is unhappy with the amount they received (or didn't receive) under a will, he or she may contest the will. Will contests can drag out for years, keeping all the heirs from getting what they are entitled to. It may be impossible to prevent relatives from fighting over your will entirely, but there are steps you can take to try to minimize squabbles and ensure your intentions are carried out. Your will can be contested if a family member believes you did not have the…
Millions of people are affected by dementia, and unfortunately many of them do not have all their estate planning affairs in order before the symptoms start. If you or a loved one has dementia, it may not be too late to sign a will or other documents, but certain criteria must be met to ensure that the signer is mentally competent. In order for a will to be valid, the person signing must have "testamentary capacity," which means he or she must understand the implications of what is being signed. Simply because you have a form of mental illness or…
1. DEFINE YOUR GOALS: What do you want to happen to your assets in the event of your death or disability? If your beneficiaries predecease you, who are your alternate selections? How will your assets be distributed, and when will these distributions take place? Decisions on distribution of your estate assets should take into account the size of the estate, the ages and abilities of your children, and your personal desires. For example, a distribution to children over time might consist of 10 percent of the estate at age 18, 25 percent at age 21, 50 percent at age 24…
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