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10 Incentives to Write Your Estate Plan Today

Though many people don’t feel as though estate plans are for them, they may not realize how beneficial having an estate plan is. Elderlawanswers.com makes a compelling case for why creating an estate plan is important. Take a look at the following list to understand the value of estate planning, and get started on one with an estate planning lawyer today!

1. Loss of capacity. There is a chance that you could one day become too incompetent to handle your own affairs. An estate plan can designate who exactly you want to take over control via power of attorney.

2. Minors. If you happen to pass while you still have children who are minors, do you know who will raise them? Again, an estate plan can determine your own guardian, and you can avoid a potential court decision.


3. No Will.
How will your loved ones know what assets will be inherited and to whom? Each state has laws of intestacy, which decides the distribution of assets passing on to your heirs in the absence of a will. Creating an estate plan with a Massachusetts estate planning attorney will designate your assets to whom you want and how you want them.
4. Blended families. Multiple-marriage families can have children that may not be treated as you would like if you pass. Estate plans can select what goes to your current husband or wife, and to the children of prior marriage(s).

5. Special living_trust_and_estate_planNeeds Children. If you have a child with special needs, not having an estate plan could risk their disqualification from Medicaid or SSI benefits in the event of your passing. In this instance, they would have to use their inheritance to pay for the care they receive. Estate plans, with MA elder attorney supervision,  allow for a Supplemental Needs Trust, which will allow special needs children to continue to remain eligible for government benefits, while simultaneously using your trust assets to pay for other expenses that are not covered.

6. Keeping assets within the family. Without an estate plan, the spouse of your child may end up with your money in the event your child passes away. Additionally, if your child gets a divorce, half of your own assets after your passing could be given to the ex-spouse. Elder lawyers specialize in creating estate plans where you can prevent both scenarios in your plan, and assure that your assets remain within the family, and potentially pass on to your grandchildren.

7. Financial security. In the event that you pass on, will your surviving children or spouse be able to financially survive? The current standard by which your family lives may be unable to be maintained without a plan specifying income replacement through life insurance. This can be prevented by an estate plan!

8. Retirement accounts. Your IRA or other retirement account beneficiary in the event of your death may not reflect your wishes, and large tax consequences for your heirs can result. Make a plan with a Massachusetts estate planning attorney and select your ideal retirement account beneficiary.

9. Business ownership.
If you are a business owner and decline to name a successor with an estate plan, you can risk your family loosing control of your business. You can name who will resume control of the business after you pass with your plan.

10. Avoiding probate. An estate plan eliminates the delays, excess fees, and publicized asset records. You can structure your estate plan with the assistance of an estate planning attorney to avoid probate entirely.

Convinced yet? Contact Adam Tobin and get started on creating an estate plan today.

Source article here.

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Nursing Home in CA to Pay after Tenant Death

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The Sacramento County Superior Court of  California just awarded his largest amount in elder abuse damages in the county’s history. After the death of a 79 year old tenant in a local nursing home, approximately $30 million in compensatory and punitive damages was awarded. The tenant had mild dementia, and was relocated to the home in March of 2005.  During her stay, the tenant suffered a hip fracture after a fall, and her injuries went undiagnosed for days. She eventually succumbed to her injures and passed away due to an infected bedsore.

The jury found the umbrella company in charge of the home guilty of elder abuse last month, and the jury clearly followed through on the nursing home lawyer’s request to award damages in order to teach the offending company a lesson, and to make an example to further deter bad conduct. The $30 million was due to the substandard care and constant understaffing provided at the nursing home - hopefully this will be enough to force the company to put patient care above profits.

The nursing home company intends to appeal the verdict, and a motion is expected to be filed soon. The spokesperson statement outlined that the ruling was based on emotion and not facts in this case, and the nursing home stands by its practices and employees.

If you find yourself in a similar situation with a loved one, contact a Massachusetts Nursing Home Attorney like Adam Tobin to discuss your case and go over your options. You may be entitled to compensation, and with the knowledge and experience of a practiced elder attorney, you may have a great case for success.

Read the full article here.

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Probate Lawyers and Your Estate

In an article from the Los Angeles Times’ Business section, the author breaks down how an estate plan can save taxes and avoid family fights and probate problems. It delves into the topic by discussing the subsequent fallout that can result from the lack of an estate plan.

probate70% of Americans die without an estate plan, because they do not like thinking about the subject matter of wills while they are still around. But if you are included in this statistic, and decide not to write a will or have an estate plan, your estate (with all of your assets) gets brought into a court process called probate. During this time, the court decides, based on the law of the state, who gets what. This can typically mean that after your debts are paid, your estate goes to your children and surviving spouse. If there is no immediate family, the estate goes to the next blood-or adopted- relatives.

If this doesn’t sound complicated yet, introduce a children who don’t get along, blended families, husbands and wives with separate property upon entering marriage, or your intended heirs to your estate who aren’t typically considered your closest relatives. In order to prevent wrong people getting your assets, you need a plan.

Though almost everyone needs a will and it is recommended that you find an estate planning lawyer to execute it for you, the downside is that it won’t keep your estate from probate. However, many people can and do avoid probated because it is time-consuming, public, and costly. So with the aid of a probate lawyer, make a list of your assets - and Massachusetts estate planning lawyers like Adam Tobin can assure that your final wishes will be carried out.

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