Are You Single with a Minor Child? If So, You Need a Plan

You have a minor child who depends on you for their survival, so you need to make sure that they will be cared for if you are ever unable to care for them. By creating an estate plan, you can address your minor child’s care and custody and provide instructions about how your money and property should be used for their care should something happen to you.

 Care and Custody of Your Child

Creating an estate plan allows you to name someone to care for your minor child if you are unable. A child under the age of majority (eighteen or twenty-one depending on your state law) cannot legally care for themselves (unless they have been emancipated). A guardian must be appointed to take care of the minor child if both parents have passed away or are unable to care for the child. It is important to note that if the other legal parent is still alive, that parent may receive custody of the child. However, you need to have a plan in case there is no other legal parent or the other legal parent cannot care for the child. If you do not choose a guardian, the judge will look to state law to determine the appropriate guardian, who may not be the person that you would have chosen.

How do you nominate a guardian?

There are a few different ways to nominate a guardian to care for your child after your death. First, it can be done in a last will and testament (also known as a will). In this document, you can name someone to be your child’s guardian after your death, a person to wind […]

Legal Perils of Gifts and Joint Ownership between Unmarried Couples

Cohabitation without marriage is becoming more common in the United States. Among eighteen- to forty-four-year-olds, the percentage of adults who have lived with an unmarried partner at some point is now higher than the percentage of adults who have been married.

When you live with a romantic partner, it may feel as though you share everything. And to some extent, this may be true, legally speaking. For example, there is a trend toward unmarried couples buying homes together. While this might make economic sense, especially at a time when household budgets are being stretched, it can also create legal complications.

Gifts that are given purely out of affection can create unintended consequences as well. This includes gift taxes and the relinquishing of control over the gift once it is accepted. Your heart might be in the right place, but without understanding gifts and joint ownership, you could be making a decision that you will come to regret.

Unmarried Partners and Cohabitation: A New Norm

Decades ago, it was rare—and even scandalous—for unmarried couples to live together. However, like many aspects of American life, this is changing.

Over the last two decades, the number of unmarried partners living together has almost tripled from 6 million to 17 million.[1] Among young adults ages eighteen to twenty-four, cohabitation is now more common than living with a spouse.[2] Among adults ages eighteen to forty-four, 59 percent have cohabitated as compared to 50 percent who have ever been married. Since 2002, the share of U.S. adults who are married is down. Over the same period, the share of adults living with an unmarried partner has more than doubled.

The Unique Estate Planning Needs Of The Unmarried

Forbes says:

“Unmarried people should put a priority on developing the traditional estate planning documents that don’t pertain to disposition of property: the health care proxy (or advance medical directive or living will) and financial power of attorney. Without these documents, when the single person is unable to make medical decisions or take care of financial matters, there might not be someone to make decisions whose authority will be readily recognized.”

2021-11-02T10:46:36-07:00November 2nd, 2021|Estate Planning, Estate Planning for Singles|

Do You Need a Trust?

Charles Schwab asked three of their own professionals important questions regarding the differences between wills and trusts.

A trust is a fiduciary arrangement that specifies how your assets are to be distributed, usually without the involvement of a probate court. They can be structured to take effect before death, after death, or in case of incapacitation. In contrast, wills take effect only upon death and typically need to be authenticated by a probate court, which can take time and involve additional costs.

Trusts can be arranged to accomplish a variety of different goals. For example, you can use a trust to transfer property, help minimize estate taxes, preserve assets for minors until they are adults, or benefit a charity.

What Singles Need to Know About Estate Planning

Real Simple explains what singles need to know about estate planning, according to experts.

“Everyone needs a financial plan, and everyone also needs an estate plan,” says Amy Richardson, a certified financial planner with Schwab Intelligent Portfolios Premium. And yes, that includes singles without obvious heirs—i.e., kids of your own. Of course, the cornerstone of any estate plan is a will, which at its core is a document aimed at outlining how you would like your life on earth to be closed out.”

2021-11-05T07:32:52-07:00September 8th, 2021|Estate Planning, Estate Planning for Singles|

How to Set Up a Trust Fund if You’re Not Rich

Investopedia discusses how to set up a trust fund if you're not rich:

Trust funds are designed to allow a person's money to continue to be used in specific ways after they pass away, and to avoid their estate going through probate court (a time-consuming and expensive legal process). But trusts aren't only useful for ultra-high-net-worth individuals, the middle-class can use trust funds as well, where setting one up isn't out of financial reach.

Strategies for estate planning during a divorce

JDSUPRA:  Divorce is a fact of life in America. It should come as no surprise that it can be a difficult process and can cause other aspects of a person’s life to be ignored while it is happening. It is important, though, that a divorcing individual involve his or her estate planning attorney in the divorce process to make sure that any settlement agreement and estate plan comport with post-divorce reality. In many cases, a divorce will automatically eliminate a former spouse from receiving any benefits under the other spouse’s will or revocable trust. This may not be the case in all states, though. Moreover, the divorce may not affect assets that have beneficiary designations, such as life insurance and retirement benefits (and, more commonly now, bank and brokerage accounts). Thus, a careful review of all of an individual’s assets is essential.”

You’ve won the Mega Millions jackpot! Time to hide.

The Washington Post:  “First things first: Quadruple-check your ticket after Tuesday’s Mega Millions drawing. Then do it again. Do they match the winning numbers (5-28-62-65-70, with a Mega Ball number of 5)? No? Skip to here. Yes? Lock the deadbolt and read on. Congratulations! So, you’ve done it. Beaten the odds — one in 302,575,350 — and won the largest Mega Millions jackpot in history. And it’s yours alone, so you’re almost certainly about to enjoy an astronomical spike in wealth. Now what? Before you shout from the rooftops or broadcast your excitement on social media, take a deep breath and keep some practical advice in mind. To sign or not to sign the back of the lottery ticket? There are plenty of people who will advise you to sign the back of the lottery ticket right away — including lottery officials in South Carolina, where Tuesday’s winning ticket was sold. After all, what would happen if, heaven forbid, you lost the ticket? Or worse yet, if an unscrupulous person in your life took the unsigned ticket and claimed it as his or hers?”

2018-10-29T15:20:43-07:00November 1st, 2018|Estate Planning, Estate Planning for Singles, Estate Tax, Gifts|

Six important tips for estate planning success

Moneyweb:  “The increased Value-Added Tax (VAT) rate – announced in the 2018 National Budget – dominated headlines for weeks thereafter, but this is not the only tax change affecting consumers and investors. Many tax changes also affect estate planning and the cost of estate administration. I asked Brenthurst’s Fiduciary Services Expert, Rozanne Heystek-Potgieter, for her top tips to navigate this. We compiled a list of six important issues to consider when navigating the complex field of deceased estate administration. More importantly, we have included tips on how to prepare for the inevitable and re-evaluate your existing will, the liquidity of your estate and estate planning goals in general.”

2018-10-15T14:46:06-07:00October 18th, 2018|Estate Planning, Estate Planning for Singles, Trusts, Wills|

Gray Divorce Boom: A Retirement Train Wreck

Financial Advisor:  “It’s happening more and more among baby boomer couples. While divorce rates overall have leveled off, and have even begun to decline among some demographics, they’ve risen among Americans over 50 years of age, with approximately 25% of the divorces today occurring among couples who are 50 and older. According to a 2015 New York Times story, the chances of an adult over 50 divorcing doubled between 1990 and 2014, and the jump was even higher for those over 65. When couples divorce in their 50s, 60s and 70s, there is less time to recover from the experience—not only emotionally, but financially. The marriage may be decades old, or it may be a second or even third marriage of shorter length.”

Rise of ‘Gray’ Divorce Forces Financial Reckoning After 50

Bloomberg:  “For some, it means liberation. For others, loss. For women in particular, the doubling of the divorce rate for the 50-plus crowd since the 1990s can mean something far more prosaic: a need to shoulder the big financial decisions they’d let their spouses deal with when they were married. Often, they find some nasty surprises after he’s gone. A majority of married women—56 percent—still leave major investing and financial planning decisions to their spouse.”

Article on Rational Patient Apathy

Wills, Trusts, & Estate Prof Blog:  “Patients with serious or life-threatening illness are frequently asked to make complex, high stakes medical decisions. The impact of anxiety, low health literacy, asymmetric information and inadequate communication between patients and health care providers, family pressures, rational apathy by health care providers, cognitive biases of both patients and health care providers, as well as other factors, make it quite difficult for patients in these circumstances to process and comprehend the strategic uncertainty and resultant risks and benefits of, and alternatives to, whatever therapeutic or life-prolonging treatment physicians are offering.”

More Planning Tips for Individuals Under New Tax Act

JDSupra:  “As Shanna Yonke mentioned in her January 22, 2018 Legal Update The New Tax Law Provides Estate Planning Opportunities, President Trump signed the Tax Cuts and Jobs Act into law on December 22, 2017.  The Act (officially, Public Law 115-97) is the most sweeping tax legislation to be enacted in decades.  It is broad in scope, complicated, and will impact almost every aspect of tax, estate, retirement, and business planning.”

Student, 21, Flushed Her ‘Emotional Support’ HAMSTER Pebbles Down the Toilet and Drowned It After Spirit Airlines Banned It from Traveling with Her (and Now She’s Suing)

DailyMail: “A student who flushed her hamster down the toilet when Spirit told her she couldn't fly home with it, is now attempting to sue the airline for causing emotional distress. Belen Aldecosea claims she didn't have any other options but to kill her pet Pebbles rather than miss her flight back to Fort Lauderdale, Florida, in November after staff informed her that rodents were not allowed aboard.”

 

Husband with Alzheimer’s Forgot he was Married to his Wife of 38 Years.

Washington Post “Michael Joyce’s memory, and some of his speech have been snatched by Alzheimer’s. The disease is so advanced that he forgot he was married to his wife of 38 years. But he is in love with her, and he is also an honorable man, so he proposed to her on a recent morning. She said yes.”

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