by Bill Miller | Nov 14, 2018 | Estate Planning
Holidays and families seem to go together, even when things are not perfect. For example, as Molly looked across a holiday table surrounded by family, she worried about their futures. Her son was there with his daughter, who was intellectually disabled. Molly’s daughter arrived with her second husband and the two children from her first marriage. Her younger son seemed to be doing okay, except that he often borrowed money from her. Molly wondered how her family would survive after she was gone. Would they make the right decisions and have the support they needed? She decided it was time to talk to her family about estate planning.
Talk About Your Estate Planning
An estate plan doesn’t just affect you – your family’s future also may depend on it. While it is not necessary, or even a good idea, to discuss every detail of your estate plan, your family needs to know the following:
- The name and contact information of your estate planning attorney;
- Where your estate planning documents, both originals and copies, are kept; and
- As much of your plan as you feel comfortable talking about.
You could meet with your family as a group. However, if your Will contains anything that might be upsetting, you might consider meeting with your family individually. In addition to your own plans, you could use this time to discuss another important topic – their plans.
Talk About Their Estate Planning
Since every adult needs to have an estate plan, this may be the perfect opportunity to encourage your family members to do their own. A basic estate plan typically consists of the following documents:
- A Last Will and Testament,
- A durable power of attorney, and
- Some form of advanced directive, like a health care power of attorney and living Will.
Estate plans are not just about death, though. A durable power of attorney names someone who may act on your behalf in legal and financial affairs if you become incapacitated. An advanced directive allows you to name someone to make medical decisions for you if necessary.
Trusts are also an option, with a revocable living trust being one way to transfer assets quickly to family members by avoiding probate. Also, trusts can address specific situations in your family.
For example, Molly’s son has a child with special needs. In addition to basic estate planning, he may establish a special needs trust for her future care. Molly’s daughter may use a trust to protect her children’s inheritance if she passes away before her second husband. And Molly’s youngest son should have his own basic estate planning, but Molly may also want to establish a spendthrift or discretionary trust to protect his inheritance.
Do You Need to Talk to Your Family About Your Estate Planning?
First, you need to actually have an estate plan! For a free consultation with an experienced Alabama estate planning attorney, contact us at 256-472-1900. Miller Estate and Elder Law is now located at 818 Leighton Avenue in Anniston, but we serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Nov 9, 2018 | Business
With thousands of lawyers to choose from, how will you know who to pick? As they started a new business in Anniston, Elaine and Paul were concerned. They knew they needed the advice of a business attorney. However, they did not know whether to hire locally or go to Birmingham. They needed to know why they should choose an Anniston Business Lawyer.
A local attorney knows the community.
For business legal matters, you want someone who understand the local community, especially the business community. Sometimes it’s not what you know, but who you know.
An Anniston business lawyer knows and understands how things tick in Anniston. In fact, he or she may even have memberships in local civic and business organizations.
Elaine and Paul took advantage of the local network by hiring an Anniston business lawyer.
A local attorney knows the law.
Okay, any good attorney knows state and federal laws. However, an Anniston business lawyer is more likely to know about local ordinances, regulations, and other pertinent laws.
Elaine and Paul learned more about Anniston and Calhoun County laws from local attorney than they even expected. This helped expedite issues that cropped up related to their business.
A local attorney knows local government and courts.
This type of information could come in handy if a business owner runs into problems with codes, permits, and any unusual city or county laws. An Anniston attorney probably has a better understanding of how local courts work. In fact, he or she probably knows at least some of the people working in the courthouse.
Elaine and Paul were elated that their new Anniston business lawyer knew exactly who to talk to when problems cropped up.
A local attorney is easy to visit.
You may need to make an appointment before talking with your attorney. At least you will not have to waste a lot of time, energy, and gasoline driving to and from your attorney’s office.
Elaine and Paul appreciated the fact they did not have to spend hours on the road traveling to and from their attorney’s office.
Learn More About Anniston Business from an Anniston Business Lawyer.
The attorneys at Miller Estate and Elder Law efficiently assist their clients with business matters. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. Although we’re located in Anniston, we also help clients in the Birmingham, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Nov 5, 2018 | Business
Just recognizing what something is not that hard. When it comes to legal documents, for example, you might recognize that the document before you is a contract. However, how will you know if it is a legally enforceable contract? No matter which side of the agreement you are on, it’s important to understand that the document you are signing can be enforced if necessary.
As an example, let’s consider Thomas and Jeremiah. They run a consulting company that provides computer and technology services to companies that can’t afford their own IT Department. As new business owners, they did not understand the importance of a legally enforceable contract – until they got burned by a bad client. They immediately asked their business attorney to draft simple contracts for them and to review contracts that were awaiting their signature. They needed to be reassured that the contracts were binding and enforceable.
To Be a Contract . . .
The simple definition of the word ‘contract’ is:
“An agreement between private parties creating mutual obligations enforceable by law.”
In Alabama, contracts should be in writing. However, under certain circumstances verbal contracts may be allowed.
Generally, legally enforceable contracts must include the following
Offer and Acceptance
One party to the contract makes an offer to the other, which is then accepted. However, in bilateral contracts, each party promises to do something for the other.
Consideration
This is payment from one party to the other for performing the contract. Consideration does not have to be cash, though. In fact, consideration can include real property, personal property, or an action.
Capacity
This refers to a party’s age or mental ability needed to enter into the contract. For example, someone below the age of 18 may lack the capacity to make the contract. A person who suffers from Alzheimer’s disease may also lack capacity.
Legal Purpose
The contract must have a purpose that is legal. A contract that requires a party to engage in illegal behavior is probably not legally enforceable.
Would You Know a Legally Enforceable Contract if You Saw One?
The attorneys at Miller Estate and Elder Law use their business experience to assist clients with contracts and more. For a free consultation with an experienced Alabama attorney, contact us at 256-251-2137 or use our convenient Contact Form.
We have offices in Anniston and Birmingham and serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Nov 2, 2018 | Veterans Benefits
Sometimes help is available. We just don’t know where it is or how to access it. Many veterans may not have heard of Aid & Attendance benefits, even though they desperately need those benefits. We can help you find out if you are eligible for Aid & Attendance benefits.
Aid & Attendance: Help for Veterans
This benefit, which is available to veterans and their survivors, is designed to help people who need “aid and attendance” with their daily activities. Aid & Attendance recipients receive an additional monthly benefit, over and above their pension.
Aid & Attendance recipients may not receive Housebound benefits, which are provided to veterans who cannot leave their homes because of a permanent disability.
For example, Josie noticed her father and mother were having more trouble taking care of themselves. Their clothes were unkempt, they had difficulty getting in and out of the bathtub. There was often no food in the refrigerator when Josie checked. Josie’s father received veteran’s benefits, including a monthly pension. Josie contacted the local VA office to see if help was available. She learned her father needed to meet certain requirements before receiving Aid & Attendance or Housebound benefits.
Aid & Attendance: Eligibility Guidelines
Veterans must meet at least one of the following requirements to be eligible for Aid & Attendance benefits:
- Veteran needs another person to help with daily activities such as “bathing, feeding, dressing, attending the wants of nature, adjusting prosthetic devices, or protecting yourself from the hazards of your daily environment.”
- Veteran’s disability or disabilities require the veteran to remain in bed. Bedrest prescribed for treatment or convalescence does not apply here.
- Veteran is a patient in a nursing home because of mental or physical incapacity.
- Veteran’s eyesight is very limited.
Josie’s father had demonstrated an inability to take care of his daily living activities. He was not bedrest or a nursing home resident. His eyesight was failing. Josie’s father might be eligible for Aid & Attendance. First, he has to apply.
Applying for Aid & Attendance Benefits Is Complicated
The attorneys at Miller Estate and Elder Law help many clients apply for Aid & Attendance benefits, as well as other government benefits like Medicaid. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. Although we’re located in Anniston and Birmingham, we also help clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Oct 29, 2018 | Probate
We all own something. Whether it’s the family china or a large retirement account or a boat, your property will be transferred to a new owner after you pass away. Most if not all of your assets will pass to your heirs through probate, unless you make other arrangements. Yes, there are ways to avoid probate in Alabama.
What happens during probate?
Someone will present the original Will to the probate court. This can be done by an executor, an heir named in the will, or any person interested in the estate, or anyone who has custody of the Will.
If there’s no Will, then someone will petition the court to be appointed as executor or personal representative of the estate. The person who is appointed will administer the estate but will not have the guidance of a Will.
The personal representative or executor will gather and manage the probate assets, notify creditors and assess creditor claims, pay valid claims against the estate, and distribute remaining assets to the appropriate heirs.
Why would I want to avoid probate?
One reason is that the heirs may have to wait weeks or months to receive their inheritance. Some estates do not fully settle for a year or more. This is not only frustrating but can leave your family short of cash to live on.
Probate proceedings can be expensive also. You will be paying an attorney, court fees, and other expenses that may occur.
Finally, most probate records are available for public review.
What can I do to avoid probate?
Fortunately, there are ways to avoid putting your family through a probate proceeding.
- Property Titles. You can title jointly owned property so that it passes directly to the other owner(s) after you die. They may have to fill out some paperwork but generally will not have to go through probate.
- Trusts. When you transfer ownership of assets to a trust, you set up a mechanism whereby those assets may pass directly to your beneficiaries.
- Beneficiary Designations. Most financial accounts and insurance policies offer the option of naming beneficiaries. After you pass away, the money remaining in the accounts typically does not become part of the probate estate. Instead, the financial institution typically gives the money directly to the named beneficiaries.
Consult with an Alabama Estate Planning Attorney.
Should you wish to know more about how to avoid probate in Alabama, the attorneys at Miller Estate and Elder Law have the experience you need to get the estate plan you deserve. Contact Miller Estate and Elder Law at 256-251-2137 to schedule an appointment or fill out our convenient Contact Form. We help clients in Anniston, Talladega, Birmingham, Gadsden and surrounding communities. Get a free copy of our book on the Basics of Estate Planning in Alabama.
