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Does my successor trustee need to liquidate the living trust assets in order to distribute the assets?

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Answer:  No.  Liquidation of the living trust assets is not required unless specifically required by the terms of the trust.  The successor trustee is typically given the freedom to distribute assets directly to the heirs without converting them into cash.

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DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

How do you dissolve the living trust?

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Answer:  A living trust may be revoked and unfunded by the person creating the trust (Settlor) during their lifetime which will result in the trust being dissolved or, a living trust is effectively dissolved at your death, once all of the assets in the trust have been distributed to your heirs in accordance with your wishes.

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Contact us for a free consultation.

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

Can I revoke my living trust?

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Answer:  Yes.  The individual who creates the living trust (Settlor) reserves the right to revoke it at any time.

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Contact us for a free consultation.

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

Do I ever need to update my living trust?

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Answer:  Yes.  Over your lifetime, you will probably wish to make some minor changes to your trust, such as specific gifts, change of beneficiaries, or a change of successor trustee.  These minor changes can typically be made by you.  You will also need to seek professional help to update your trust should you have a significant health change, especially if a nursing home stay is likely to be involved.   Professional help will be needed as well to update your trust in the event of family problems, dramatic change of assets, or to keep current with any changes in laws.   You should periodically review your trust with your attorney to see if there are any changes you would like to make.

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Contact us for a free consultation.

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

What should I do if my spouse or I become very ill and are hospitalized or placed in a long term care facility?

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Answer:  A living trust does provide for a successor trustee to be involved if you are incapable of handling your financial affairs, but a living trust will not insulate your assets from a nursing home “spend down”.  However, there are other legal techniques and provisions, which will normally allow you to avoid or minimize a nursing home spend down and permit you to qualify for medical financial assistance, but only if you proactively plan.  To preserve your assets, it is absolutely imperative that this medical financial assistance planning be done as early as possible.  Medical financial assistance planning also needs to be done hand in hand with modifications of your trust associated with your incapacity.  The laws regarding medical financial assistance are extremely complex.   Our office has been involved in hundreds of cases assisting people to qualify for medical financial assistance while preserving their assets.  Our office will provide you more specific information or assist you upon your request.

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Contact us for a free consultation.

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

Four Threats to your Retirement Income?

By Roy Whited

Screen Shot 2013-05-29 at 12.08.24 PMThe following came in part from information posted on Yahoo Finance.

Just Explain It”, April 18, 2013. What four events are most likely to drain your retirement savings?

#1 Medical expenses. These shouldn’t be unexpected, but they’re probably the number one threat to a retiree’s financial security. Most people don’t plan adequately for this. And a lot of retirees don’t understand that Medicare doesn’t pay for costs related to a long-term stay in a nursing home. With the cost of a nursing home stay reaching to $70,000 – $100,000 a year, this can quickly deplete the retirement nest egg for a lot of retirees.

Some financial planners and insurance professionals suggest that retirees buy long-term care health insurance to protect their assets. While this type of insurance can be a good idea, many retirees can’t afford the cost of the insurance and others have health problems which limits their ability to qualify for the insurance.

#2. Unexpected travel cost. For some in their golden years, surprise travel costs can take a chunk out of their savings. One-time events, like a graduation or a wedding are unplanned expenses that sneak up on retirees. Caring for an out-of-state family member or friend can also require taking money out of savings.

#3. Taxes. Sudden take hikes can also cause unwanted stress on a retiree’s finances. Tax increases this year will affect households at different income levels. Plus the increased cost of property taxes can also be an additional burden.

#4. Maintenance and repairs. Replacing a old or damaged roof, a car, or a home appliance can be a drain on the retirees savings. Unanticipated expenses like these– which are almost impossible to forecast or even avoid– tend to add up over the years.

Experts suggest creating a rainy day fund for unexpected bills. For example create a separate savings account and contribute to it on a regular basis.

Special note. Retirees should remember that these rainy day funds are usually not protected from the cost of long-term care expenses. However, these funds can be arranged in a way that they are protected from being lost to the cost of long term care. For more information on how to protect your assets, call the Cooper, Adel & Associates law firm at 1-800-798-5297 for a free 1 hour consultation.

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Contact us for a free consultation.

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

Can I make a gift to charity through my living trust?

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Answer:  Yes.  You can simply list a charitable gift amount or a specific asset to be distributed to the named charity as a provision of your trust.  For tax reasons during the life of the Settlors, gifts should not be made directly to the charity through the trust but instead should be stepped out to the Settlors individually and be gifted to the charity by the Settlors directly.

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Contact us for a free consultation.

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

Potential Changes to Veterans Pensions

By Steven Wright

Screen Shot 2013-05-29 at 10.47.52 AMLast year, a bill was introduced to a congressional committee that sought to make changes to the pension program administered by the Department of Veterans Affairs. Thankfully the bill never made it out of committee and many veterans and their spouses were still able to obtain the pension they need to continue receiving the care they so desperately need.

This bill has resurfaced in 2013, and the fate of the bill is yet to be determined. However, if this bill makes it out of committee and becomes enacted as law, then veterans and their spouses will be put through a difficult and obtrusive process in order to qualify for this pension. This would mean that anyone applying for pension through the Department of Veterans Affairs would be required to submit financial records for at least the last three years to the Department of Veterans Affairs.

While on the surface this law may seem like it is designed to ensure that the process is fair to all applicants, keep in mind that the Department of Veterans Affairs is already notoriously slow in making pension decisions. So requiring people applying for the this pension to submit even more paperwork and wade through even more delays and misplaced records by the Department of Veterans Affairs would only serve to derail the entire purpose of the pension, which is to provide veterans or their spouses with financial assistance related to the high cost of care associated with aging. The end result would be that many veterans and their spouses would either give up or potentially pass away before the Department of Veterans Affairs ever makes a decision on their pension claim.

With this uncertainty surrounding the pension program through the Department of Veterans Affairs, it reminds me of the importance of pre-planning. With that said, properly planning your estate can allow you to transition from one step of the life to the next more easily. You can also minimize the difficulties that may be imposed (or may never be, if the law does not pass) on the Department of Veterans Affairs pension program. With this in mind, attorneys at Cooper, Adel & Associates are here to help. They are knowledgable in both elder law and veterans law.

 

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Contact us for a free consultation.

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

We Live in a 401(k) World

By Julian Guilfoyle

“We now live in a 401(k) world – a world of defined contributions, not defined benefits.”

-Thomas L. Friedman Op-Ed columnist for the NY Times and author of The World is Flat

In “It’s a 401(k) World”, author Thomas Friedman summarizes the great possibilities and degraded safety net now faced by Americans. He states, “If you are self-motivated, wow, this world is tailored for you. The boundaries are all gone. But if you’re not self-motivated, this world will be a challenge because the walls, ceilings and floors that protected people are also disappearing. That is what I mean when I say, “it is a 401(k) world.” He continues, “Government will do less for you. Companies will do less for you. Unions can do less for you. There will be fewer limits, but also fewer guarantees. Your specific contribution will define your specific benefits much more. Just showing up will not cut it.”

Screen Shot 2013-05-29 at 10.36.25 AMThe theme of Friedman’s article reminded me of the changes faced by many, especially in the Midwest. I’m from Northeast Ohio, a region once dominated, for good and bad, by the steel industry. Many of my friends were born into families of steel workers. Whereas their mothers and fathers were able to walk into the factory a day after graduating high school, these opportunities were not available to my generation. No longer can we rely on assured employment and use hard work to advance through the ranks. In short, individualism has now shaped our lives. For example, “Shark Tank”, a popular TV show, allows entrepreneurs to showcase their start-up companies to investors, who in turn can invest in the companies they feel worthy. Kickstarter.com allows start-ups to reach the masses in the hopes of obtaining an infusion of cash to turn their dreams into reality. From this, we enjoy greater independence and creativity, but at the cost of stability.

This independence has spread to far more than employment. We live in a DIY(do it yourself) world. Web sites have sprung up offering a template for the average citizen to complete their own legal work. Many workers and retirees now manage their own investment accounts through the various financial websites available. Just as with employment, this can be both beneficial and disastrous. From a positive standpoint, people are now taking more ownership for their own lives and their legal and financial security. On the flip side, without the proper knowledge or education, this can lead to disastrous results. When Friedman stated that “everyone needs to pass the bar exam”, he meant that the world is so complex at this point that people must develop specific skills to survive. And these skills will be measured with increasing accuracy, whether by an employer as Friedman asserts, or by life itself.

The point is, that unless you are willing to self-educate in all aspects of life, you may want to consider leaning on advisors for topics that seemingly may not interest you. For example, if you asked people whether or not they wanted to leave a mess for their spouse or children, I would bet that most would answer emphatically, “No!” However, if you asked those same people whether or not they wanted to take the time to learn about potential hazards that can cause this mess, such as probate, or the steps that you can take to avoid them, see your eyes are already glossing over. I think people want to spend their retirement traveling, spending time with their families, and reinventing themselves. If you reinvent yourself as an attorney or financial advisor, more power to you. But if you would rather learn about the hazards that directly befall you and how to avoid them, you may find it better to subcontract to trusted advisors who work for you.

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Contact us for a free consultation.

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

Deed Scam – Do you need to pay attention to a Deed Processing Notice

By Kathy Cooper

Screen Shot 2013-05-29 at 10.26.39 AMOnce again this year, some of our clients have received very official-looking letters that say something like this one that was sent to us:

“… Transfer Services recommends that all OH homeowners obtain a copy of of their current Grand Deed. This document provides evidence that the property at [your address] was in fact transferred to the individual [your name]”.

These hucksters give you a “Compliance Response Date” or other call to action. It is bogus!

These letters list property values and information that makes it look like it came from a government agency – how much you paid for the property, when you bought it, how big it is, etc. IT DID NOT COME FROM A GOVERNMENT AGENCY! The information printed is from public sources available to anyone on the internet. Yes, it is surprising what is available on the internet but unfortunately scam artists are very much aware of what is there about you and about your property. They can use it to trick you into spending money for a deed you don’t need!

How can you tell if it’s a scam? There are usually a few things that can tip you off:

Where is the company located? Official correspondence from your county comes from your county, not Wilmington, Delaware or Willard, Texas!

A “Transfer” company is not your county government.

Read the entire document before you act. Most – but not all – of the time, there is a disclaimer. “This is an advertisement” may be somewhere in the fine print. This is not always the case. We hear from many clients who have received a demand for payment with no disclosures.

Do you need an official copy of your deed? Not really. You can always go to your county (or call our office if you are one of our clients) for a copy of your deed. Your county will print your deed for a small expense fee around $2 or $3 and not $83 like the one a client recently sent us!

Not sure, call our office or the Attorney General. Don’t let these scam artist take your hard-earned money!

 

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Contact us for a free consultation.

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 



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