Some Common Types Of Will Contests

Essentially, a will is established to protect an individual’s wishes regarding his or her estate. It is the document that will also be enforced by their legal party, or chosen representative. For the most part, the estate will be distributed according to the will without any complications. But there are instances where people “contest” the will, and this can be based on several different reasons. Also, the individual or group needs to have a good basis for bringing the contest in the first place.

Here are some of the most common types of will contests.

1. Questionable Mental Capacity

Questioning the mental capacity of the testator (the individual who sets up the will) is one of the most common contests. Given that the testator has to be of sound mind when executing or adapting his or her will, it leaves a lot of room for exploitation. In other words, the contest is based on the assumption that the testator wasn’t of sound mind and complete understanding.

While courts don’t particularly like this type of claim, it is still one that enjoys a lot of popularity.

2. The Testator Was Wrongfully Influenced

A will should typically only be handled by the testator and his or her attorney because it prevents this type of contest to hold any ground. Basically, the contest claims that somebody influenced or coerced the testator at the time when the will was executed.

If it can be proven that a third party influenced the decisions of the te

3. The Right Procedure Wasn’t Followed

This is going to vary between states, but there are certain things that need to apply when establishing a will. For example, some states have made it mandatory to sign the will in front of witnesses and have them sign as well. The moment specific procedure isn’t followed, it can render the will invalid.

4. Basic Fraud

There are situations where individuals are lied to and deceived during the execution of the will. When this can be proven in court, the will is immediately declared as useless.

What happens when the contest is successful?

The court will either rely on a previous will to distribute the estate, or it will implement the state’s intestacy rules. And it is due to these contests that individuals use experienced and trustworthy estate planners to help secure their last wishes, otherwise, it can easily be unfairly contested.

Common Estate Planning Myths: Stay Informed

There are many myths that surround estate planning. In fact, these myths can lead to a great disadvantage for those who choose to stay misinformed. But in light of staying informed and getting some of the common estate planning myths out of the way, here are some of them.

1. Only Rich People Invest Time In Estate Planning

Just because you don’t have millions in the bank doesn’t mean you shouldn’t look into estate planning. Remember, this is a process where you distribute your sentimental possessions and everything else you own. If you don’t do it, regardless of how little you think you have, you might leave your loved ones in a small claim war.

2. Only Old People Think About Estate Planning

While it is definitely something you should take seriously in your senior years, estate planning cannot be left until the spur of the moment. When you pass on, there is no coming back and executing a will.

If you have people who depend on you, estate planning needs to happen as soon as possible. Seeing as nobody can predict the future, you are never too old to execute a will.

3. Estate Planning Is Basic And Straightforward

Unfortunately, estate planning isn’t just about choosing beneficiaries and forgetting about the document altogether. You need to take into account things that can change. For example, the person you leave everything to might pass away unexpectedly, meaning provisions have to be in place.

These types of considerations are usually focused on when you use an experienced estate planner. They know which questions to ask and how to expand on a basic will.

4. Everyone Will Be Happy With Your Choices

There is simply no pleasing everyone, even with a big estate plan. You have to decide who deserves what, and you need to stick to your decisions. You won’t be able to satisfy everyone’s needs, so don’t put unnecessary pressure on yourself.

5. Estate Planning Isn’t Necessary If You Trust Your Family

As much trust as you might have in your family to do the right thing, the situation is going to be challenging. Dealing with your death can change their perspective, and ultimately create a fight over who gets what.

Don’t expect your family to think logically during this time, because they won’t. Instead, execute a will and keep them from making the situation worse.

How To Plan For End Of Life Medical Treatments

Death isn’t something we want to think about, but it is going to happen whether we like it or not. The more you plan for your eventual death the easier it will on your loved ones. Not planning can lead to expensive court costs and other issues that can cause stress and cause you to lose money. Planning for end of life medical treatment is important because you want your loved ones to know what you want if you can’t articulate what that is.

You never know when you are going to become unable to make your own decisions, so you should start planning for the inevitable right now. Drawing up a Power of Attorney is a good place to start. You can choose to only use the Power of Attorney to make medical decisions on your behalf or you can draw up a broad Power of Attorney that allows the person you appoint to make all types of decisions, including financial ones.

If you don’t want extensive medical treatments when you can’t make your own decisions, you need to state that in the documents. You can specify the types of treatments you want and you don’t want and your wishes will be carried out by the person you appoint. You can draw up the papers yourself, or you can visit a lawyer.

If you don’t want to be resuscitated, you can also include a DNR, or Do Not Resuscitate order, with your Power of Attorney. This is a separate document and you will include it with your paperwork. If you are only interested in appointing someone to deal with your health issues, you could set up a Health Care Power of Attorney which will allow the person you designate to make any type of medical choices for you.

Many people choose not to have extended end of life medical treatments but you need to spell this out beforehand. If you don’t get the legal documents completed before you become incapacitated, the court is going to get involved and they could end up appointing someone to handle your medical needs that you don’t want.

You need to set up a Power of Attorney document before you actually need it so you are prepared for when the inevitable happens. If you want to make sure your wishes are respected, you need a Power of Attorney in advance.

Common Estate Planning Mistakes to Avoid

There are many decisions that we may need to make in life but perhaps one of the more important of those decisions involves our estate planning. In essence, we are making the decision as to what is going to take place when we are no longer able to care for our own finances. Making the right decisions can certainly go a long way in helping your wishes to be fulfilled. Unfortunately, there are also a number of mistakes that are commonly made throughout the estate planning process. Here are a few to avoid.

1. Assuming You Really Don’t Need an Estate Plan: Estate planning seems to be something that would only be beneficial to the wealthy, but that simply is not true. As a matter of fact, anybody who wants to make decisions as to what is going to take place with their finances or even with other factors when they are no longer able to care for themselves would benefit from this type of planning. This would include end-of-life healthcare decisions, what happens to the children and even how your private affairs are handled at that time.

2. Putting Things off for Too Long: One of the biggest mistakes that many people make with any type of estate planning is putting things off, sometimes until it is too late. Admittedly, it can be stressful to talk about a time when you won’t be able to care for yourself but it is an inevitability that all of us must face.

Consider the fact that your family and others who would be part of the estate plan would be embroiled in a legal battle at that time rather than being able to grieve and overcome the loss that they just experienced. Be sure that you include estate planning early in your life and ensure that the appropriate people have a copy.

3. Thinking Your Estate Is Too Simple: Have you ever thought that an estate plan is not for you because your finances are relatively simple? A formal document is always going to be beneficial and an estate plan simply gives you more control in comparison to a last will and testament. Regardless of your situation, it is always worthwhile to look into the benefits of estate planning. You may just find that it is the best choice you could ever make.

Knowing these any other mistakes that are common to the estate planning process can help you to avoid them when going through the process as well.

The Difference Between Equitable And Equal Inheritance

When planning their estate, many people believe the best course of action is to divide their assets equally among their adult children. However, there are times when this is not the best solution or the most practical solution. It is at these times that you need to know the differences between equal and equitable inheritance.

What Is Equal Inheritance?

Equal inheritance is when each of your adult children receives an equal share of your estate. Of course, this will only happen when both of their parents have passed on. This option is the best solution for families that have children where the needs of each child are the same or you have provided similar support to the children. Each of the children must also be finically responsible and emotionally capable of handling their inheritance.

It is important to note that when you have real estate and other physical assets, you will need to determine the value of each asset to ensure that all children receive an equal amount. One of the primary benefits of an equal inheritance is that it will help avoid any disputes. These disputes can be costly to your children and take an emotional toll on them.

What Is Equitable Inheritance?

There are times when an equal inheritance is not the best solution. These cases could be when one child has taken on the role of caregiver to an aging parent or to compensate them for any lost wages and time. Equitable inheritance can be used when the amount of support given to the children by the parents during their life is different. This support could be for a wedding, a down payment on a house or educational expenses.

Equitable inheritance should also be used when you have a child with disabilities or special needs. These children will need more financial help in the future in regards to their living and medical expenses. However, it is important to place these funds in a special needs trust to ensure that they do not have direct access to the funds.

Equal and equitable inheritance are two different solutions that you need to consider when planning your estate. Equal inheritance ensures that all of your children receive an equal share of your estate. Equitable inheritance will provide certain children with more than the others based on a number of factors such as the amount of support provided while the parent was alive and if they have any special needs.

Estate Planning And Retirement Accounts

Most people have some sort of retirement account, whether it is a pension or a 401(k). These accounts must be considered during the estate planning process so they can pass smoothly to your beneficiaries. It is also important to keep in mind that your beneficiaries are going to have to pay income tax on the proceeds of your retirement accounts if you withdraw any of the money.

If the estate is very large, you might also have to pay estate taxes on retirement accounts. Interestingly, retirement accounts are some of the most heavily taxed accounts and you need to keep this in mind when you are planning your estate. If the retirement account is large and ends up being taxed at the full amount, you could end up paying as much as 70 percent of the worth of the account in taxes. This is why you need a good retirement planner who can help get this figure down.

The key is to not make withdrawals to the retirement accounts and let them grow for as long as possible. The interest will keep growing on the accounts and you won’t have to pay any taxes as long as you don’t withdraw any of the money. A good estate planner is going to know all the ways to save you money and make the most of your retirement accounts.

The key to estate planning and retirement accounts is to defer having to pay any taxes on the retirement income by postponing withdrawals. The longer you can postpone withdrawals the better. The money will continue to grow and you will end up with the account being worth more. As you near your retirement age you can start making withdrawals on the accounts.

Careful retirement planning is essential if you want to make the most of your money and save everything you can for your beneficiaries. A good estate planner will work with you to develop a plan that is going to minimize taxes and make the most of your money so your family gets the most money possible.

When you are dealing with retirement accounts, you have to keep in mind that they are treated much differently than real estate and other assets. Retirement accounts can be hit by huge taxes that can eat away huge chunks of your accounts. Make sure that you consult with an estate planner if you have substantial retirement accounts.

A Guide To Advanced Health Care Directives

In summary, an advanced health care directive is a type of living will. It allows you to provide written instructions on the medical treatments you wish to use when facing illness or ailments at the end of your life. When forming an advanced health care directive, there are several factors that need to be taken into account, such as the parties involved in the drafting of the directive and the legitimacy of the will. This article will provide information on what an advanced health care directive is and how to create one.

Who Is Involved?

Before any living wills are drafted, it is necessary to have two medical physicians involved. The physicians are required to certify specific criteria including your ability to make medical decisions, your medical condition in the state’s living will law, and other issues dependent on the state.

A medical power of attorney will also be required to allow you to appoint an individual as your healthcare agent or surrogate medical decision maker. This agent will be authorized to make any medical decisions on your behalf if you are unable to make decisions. Before the power of attorney can be put into place, an individual’s physician must report that the person is unable to make a sound medical decision.

What Else Needs To Be Considered?

It is important to note that advanced health care directives are legally valid throughout the USA. This is beneficial because the directive or living will become legal in any state as soon as the application is completed regardless of the presentation of a lawyer or witness. Of course, laws do differ according to the state, and you need to comply with the state law for the directive to be effective.

If the advanced health care directive is completed according to one state’s law, it may not be valid in another state. In fact, some states do not accept living wills from other states – also known as out-of-state advanced health care directives. To resolve this issue, it is recommended that you complete advanced directive applications for all the states you spend significant amounts of time in. This will prepare you for any problems that could occur and have a directive in all the potential states.

Advanced health care directives do not expire and will remain in effect until changed by the primary party – that would be you. If you opt to draft a new advanced health care directive, it will immediately invalidate the previous directive. It is recommended that you review the will periodically to ensure it reflects your medical wishes and edit it accordingly.

Final Words

Many people do not consider the issue of medical treatment later in life, so the advanced health care directive is not always seen as an important document. The fact is that it is an important document and should be considered by all people to ensure they have the correct treatment later in life.

What Exactly Is Business Succession Planning?

If you have a small business, and you would like it to perpetuate in the event of your death, or if you retire, it is important to create a business succession plan. As the name would suggest, it is a document that is designed to ensure that your business will continue to function in your absence. Many people do this because they have family members that are going to take over the business legally from them if they decide to retire, or if they die. Here are the benefits of creating a business succession plan, legal documents that will make sure that family members will be able to take over for you in the event of your death or retirement.

How Does A Business Succession Plan Work?

This type of plan is designed to appoint an assistant, or a family member, that will replace you as the owner. As with any type of asset after death, without the proper paperwork to designate who gets the asset, it can become a substantial legal and social problem. By not designating a particular person to take over, this could involve years of litigation between family members or business partners that believe they should be the one to own and operate the business. You can work with a lawyer that can prepare all of the documentation for you so that, after you leave, the proper person will be in your place.

Components Of The Business Succession Planning

The components of this plan will evaluate the type of business that you have, how much it is worth, and the current stock valuation of the company if any. It will then state specifically who will take over, and if that person is not available, who the alternates will be in subsequent order. Once this is drawn up, and you are agreeable to the wording, you can sign this and it will be officially filed. By doing so, you can make sure that your business will continue long after you are gone, operated by someone that you have chosen.

This is a very important document to have if you are getting older, and you need to make sure certain family members or friends are the ones that will take over for you. People typically leave this to their sons or daughters, although it could be a partner that they are working with. Either way, once the documentation has been filed, the possibility of litigating decisions that people do not like will be null and void. It will ensure that your wishes for your business to continue, and that it will be headed by the person of your choice, will come to pass after you are no longer part of that company.

The Basics Of Estate Planning For Families With Special Needs Children

Every time you have a child, you should change your estate plan. However, if you have any children with special needs you need to ensure that you craft a plan with the special needs in mind. Understanding the basics of estate planning for children with special needs, you will ensure that your child is looked after when you are gone.

Using A Special Needs Trust

If you have a child with special needs, you have to employ the right tools when planning your estate. One of the most commonly used tools is a Special Needs Trust. This type of trust has been specially developed with children and adults with special needs in mind. The trust aims at meeting your child’s financial needs while ensuring that they are able to remain eligible for government assistance and health care.

As the funds will be held in a trust, your child will not be able to directly access them. This will also ensure that the funds do not count as an asset or income which is considered when determining eligibility for certain benefits. The trustee of the trust will use the funds to meet the needs of your child as they grow older.

Choosing A Guardian

When planning your estate, you will need to carefully consider who will be designated as the guardian of your child. This person will generally be in charge of the funds that you have left for your child and will need to have their best interests in mind. They should also be someone who is able to handle their special needs.

Before you name a guardian in your estate planning, you need to discuss this with the potential guardians. This will help them understand their responsibilities and help you ensure that your child will have adequate assistance in their new living situation.

Document Instructions And Assistance

As part of your estate planning, you should document any special care instructions for your child. This will include their medications as well as the mental and physical care directions people should know. You should also consider making a video of any assistance that your child needs as this could be a great benefit to any potential guardian.

Estate planning for families with special needs children is different to standard estate planning. The use of a trust can make this more complicated which is why it is recommended that you hire an attorney to help you.

MERRY CHRISTMAS!

What You Need To Know About Medicaid Planning

Medicaid was designed to help low-income people with few assets pay for their health care. While Medicare pays for many medical expenses when you are over 65, it won’t pay for nursing home care which can be prohibitively expensive. If you own any large assets, like a house, you won’t be able to qualify for Medicaid to help pay your expenses. With Medicaid planning, you can divest your assets so you can qualify for this government help.

When you need long-term care, your money won’t last long, even if you are a millionaire. You could easily spend tens of thousands of dollars a month on medical care and your money would be gone fast. Paying for long-term care is just about impossible if you aren’t a multi-millionaire.

If you think you might need Medicaid and you own a house, you might want to gift or transfer the house to your beneficiary early. This will reduce your assets and make your income low enough to qualify for Medicaid help. In most cases, you can only have a few thousand dollars in assets. If you own your home, you either have to sell it or allow the Medicaid program to put a lien on your home so they can be repaid.

If you have assets but they won’t be enough to pay for your long-term care, there are ways to protect your assets so you have something to leave to your heirs. You can get help from an estate planner and you can also learn about the different things you can do on your own.

An asset protection trust is one option, but you have to set it up at least five years before you apply for Medicaid or you won’t be able to get the help you need. A benefit of an asset protection trust is that you can live in your home as long as you want.

One of the most important things when it comes to Medicaid planning is that you need to think ahead so you can shed your assets at least five years before you need Medicaid. The costs of long-term care are so expensive that you can quickly run through your money, leaving nothing left to your heirs. Medicaid planning helps you preserve your assets and shelter your assets so you can provide something of value to your loved ones.