Skip to main content

10 Reasons for Life & Estate Planning

Most people don’t think they need to engage in “Estate Planning.” They may say, “That’s only for the rich.” But, everyone needs to plan for the inevitable. It doesn’t matter if you are rich or poor, you need to plan ahead. Here are ten reasons to plan.

1. Loss of Capacity. What if you become unable to manage your own affairs? Without a plan, a Judge may have to decide what happens to you and your money. With a plan, you pick the person who will handle things for you.

2. Minor children. Who will raise your children if you die? Without a plan, a Judge will decide. With a plan, you get to nominate the guardian of your choice.

3. Dying without a Will. Who will get your assets when you are gone? Without a plan, the law says who gets your stuff. With a plan, you get to choose who gets what, and how and when they may receive their inheritance.

4. Blended Families. What if your family has multiple marriages, children and grandchildren? Without a plan, some will not be treated the same as others and may not get an inheritance. With a plan, you determine what goes to your spouse, and what goes to which children and grandchildren.

5. Children with Special Needs. Without a plan your special needs child may lose Medicaid or SSI benefits and may have to spend his inheritance on care needs. With a plan, you can set up a Supplemental Needs Trust that will allow the child to remain eligible for government benefits and still have the trust assets to pay for other expenses that aren’t covered by those benefits.

6. Keeping assets in the family. Without a plan, your child's spouse may wind up with your money. With a plan, you can set up a trust that ensures that your assets will stay within your family.

7. Financial security. Without a plan and with no life insurance, your family may be unable to live normally. With a plan, life insurance can mean that your family will enjoy financial security.

8. Retirement accounts. (IRAs or 401k accounts.) Without a plan, your beneficiary may not reflect your current wishes and may have negative tax consequences. With a plan, you can choose the optimal beneficiary with the best tax results.

9. Business ownership. Without a plan, and if you don't name a successor, you risk that your family could lose control of the business. With a plan, you choose who will own and control the business after you are gone.

10. Avoiding probate. Without a plan, your estate may be subject to delays and fees and your affairs will be a matter of public record. With a plan, you can structure things so that probate can be avoided and your privacy maintained.

Comments

Popular posts from this blog

Clifton B. Kruse, Jr., Leading Elder Law Attorney, Dies at 74

Clifton B. Kruse , Jr., a revered elder law attorney who was admired as much for his kindness and generosity to fellow practitioners as for his grasp of the law, died December 30, 2008, in Colorado Springs, Colorado. He was 74. The cause was complications from Alzheimer's disease. For many in the field, Kruse set the standard for all that an elder law attorney can and should be. One of elder law's founding fathers, he combined a gentlemanly charm, warmth and caring with one of the sharpest and most ethical of legal minds. Wrote Arizona elder law attorney Robert Fleming in a tribute , "In my third of a century of elder law practice I have never met another lawyer who managed to pull together sophistication, heartfelt empathy, intellectual rigor and courtly manner in the same fashion Clifton Kruse projected. He did it, to all appearances, effortlessly. He was a friend and mentor to many in the elder law community (I count myself among those legions)." Kruse was the e...

Knee Surgery OK for Octogenarians

Knee replacement surgery can improve the quality of life even for very elderly patients, according to a study presented at the 2009 Annual Meeting of the American Academy of Orthopaedic Surgeons (AAOS) . The study found that patients in their 80s can benefit both physically and socially from knee replacement surgery, also called total knee arthroplasty (TKA), once thought too risky for the very elderly. “As patients are living longer, there is an upward trend in the demand for quality of life among the elderly population,” said Edsel Arandia, M.D., lead author of the study and an orthopaedic surgeon at Philippine Orthopaedic Center and a Fellow at Singapore General Hospital. “As patients age, debilitating diseases like arthritis of the knee begin to develop. We conducted this study to determine the viability of TKA in octogenarians and to learn whether their quality of life improves after TKA.” Dr. Arandia and his team reviewed data from 128 patients older than 80 years of age wh...

Harry's Law gets Medicaid Planning All Wrong

I usually enjoy David Kelley's crazy law-related television shows like Boston Legal and Harry's Law. They are great fun and often give some good portrayals of lawyers and legal issues. But, I'm always laughing at how a client comes in to the office in the morning and somehow they are in Court in the afternoon - sometimes with a jury there. It takes years to get into Court most of the time and at least several days to get a jury together and ready for a trial. But, I'll allow some literary license to TV to keep the story moving. But, I don't like it when they get the law completely wrong and especially when they have the lawyers participate in fraud. Last week's episode of Harry's Law got the Medicaid rules wrong, and put lawyers in a bad light. Let me explain. First, Kelley got Medicaid law all wrong. The couple in question only had a house and the husband needed nursing home care. The wife said she needed to get a divorce to save the house. This is wron...