by Bill Miller | Sep 28, 2018 | Business
One of the first thing you’ll do when starting a business is choose a business entity. Sole proprietorship, partnership, limited liability company, and corporation are the most common business structures. However, there are advantages and disadvantages to each of them, especially when it comes to completing the necessary paperwork. Corporations are considered the most difficult business structure. If you are thinking of starting a corporation, you may be wondering about filing your Articles of Incorporation.
Forming a Corporation
A corporation is a legal entity separate from its owners. To form a corporation in Alabama, the new business owner needs to prepare the following documents:
- Domestic Name Reservation form to file with the Alabama Secretary of State.
- Domestic Business Corporation Certificate of Formation, also known as the Articles of Incorporation. Attach a copy of the Domestic Name Reservation form.
- A corporate record book. Officers keep minutes of director and shareholder meetings here, along with stock certificates and stock certificate stubs.
- Bylaws that state how your corporation will operate.
In this article, we’re concerned with the Domestic Business Corporation Certificate of Formation a/k/a Articles of Incorporation.
Contents of Articles of Incorporation
The Articles of Incorporation are sometimes referred to as the “legal backbone” of a business. Alabama corporations must prepare and file a Domestic Business Corporation Certificate of Formation or Articles of Incorporation.
A company’s articles of incorporation typically includes the following information:
- The name of the corporation, which must include “corporation,” “corp.”, “incorporated,” or “inc.”
- The street address and mailing address of the corporation’s principal office.
- Name, street address, and mailing address of the registered agent.
- The corporation’s purpose.
- How many shares the corporation may issue.
- Names and addresses of each incorporator(s).
- Names and addresses of each director.
Once the Articles of Incorporation document is signed, it’s ready to file. Instead of filing with the Alabama Secretary of State, though, it is filed with the probate court in the county where the corporation has its registered office. Corporations may amend Articles of Incorporation if necessary.
Consult with an Alabama Attorney Before Filing Your Articles of Incorporation
The attorneys at Miller Estate and Elder Law make it their business to put their clients first. We help our business clients make thoughtful choices and put together the paperwork they need. Contact Miller Estate and Elder Law at 256-251-2137 to schedule an appointment. Though our offices are in Anniston and Birmingham, we help clients in Talladega, Gadsden and surrounding communities.
by Bill Miller | Sep 26, 2018 | Medicaid
Medicaid provides benefits to millions of Americans. When someone with limited income and resources needs help, Medicaid may be the right place to turn. However, figuring out how to apply for Medicaid can be difficult.
Find the Right Medicaid Program
Although the federal government funds Medicaid, each state manages its own Medicaid agency. For example, Medicaid for Alabama residents is offered through Alabama Medicaid.
However, Medicaid is not just one program. Instead, benefits are provided to people in the following categories:
- Children,
- Parents and Caretaker Relatives,
- Pregnant Women,
- Elderly and Disabled,
- Nursing Home Residents,
- Breast and Cervical Cancer Patients,
- People in need of family planning through the Plan First Family Planning Program,
- People who need help paying for Medicare costs.
Once you know which category fits your situation best, it’s time to find the right application and instructions.
Qualifying for Medicaid
Just being a certain age or having a certain medical condition does not mean you are automatically qualified to receive Medicaid. People seeking Medicaid benefits must meet certain requirements first:
- Citizenship – must be an Alabama resident and be living in the United States legally.
- Income – rules vary from program to program, but an applicant’s income must fall within their state’s limit.
- Resources – the same is true for resources: the value of an applicant’s countable resources must be below their state’s limit.
- Medical Condition – programs also have different medical criteria that must be met.
For example, Jane applied for Medicaid for the Elderly and Disabled while living in Alabama so she meets the citizenship requirements for Alabama Medicaid. The income limit for the nursing home program is $2,250 per month or $1,145 for a married couple. Jane is single and makes $2,500 per month. At first glance, she appears to be ineligible for Medicaid. However, a lawyer with Medicaid experience might be able to help her find a way, perhaps by setting up a Miller trust to handle her excess income. As for resources, not all of her property will count toward the resource limit. Still, she seems to be under Medicaid’s monthly $2,000 limit. Since Jane is 83 years old and homebound as ordered by her doctor, she probably meets the medical requirements.
The Medicaid Application Process
Alabama Medicaid’s website contains forms needed to apply for the various Medicaid programs. You may apply online, by mail, or in person. However, send your application to one of Medicaid’s 11 district offices if you are applying for help with your Medicare premium, for nursing home or elderly or disabled benefits.
In addition to the application, you may also submit attachments like Form 204/205, which is used for applications to Elderly & Disabled programs.
Supporting documents may include proof of citizenship and identity, proof of income, information about countable resources, pension statements, benefit award letters, deeds, financial account statements and more. The process can get really complicated really quickly.
You May Need Help When You Apply for Medicaid
The application process for Medicaid is a difficult path for most people to navigate. The attorneys at Miller Estate and Elder Law. help many of their clients every step of the way.
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 | Sep 24, 2018 | Estate Planning
It is said you have to spend money to make money. Estate planning is not quite like that – you won’t make money writing an estate plan. However, most people save money with a complete estate plan.
Avoid Probate
Probate proceedings can cost thousands of dollars in fees. Estate plans can be structured so that most –and sometimes all – of the decedent’s assets pass without going through probate.
For example, assets transferred to heirs through a trust seldom pass through probate. Doing so preserves more of your estate for your loved ones.
Avoid Guardianships
Sometimes people need extra help taking care of themselves, and sometimes that help takes the form of a guardianship. However, before a court will appoint a guardian, paperwork must be filed. It’s also very likely there will be several hearings. An investigation may be conducted to make certain the person applying for guardianship is suitable. Fees related to guardianship proceedings can run into the thousands.
However, a general durable power of attorney allows the principal (the person signing the power of attorney) to name an agent to handle their affairs. The power of attorney may become active only if the principal becomes incapacitated. The cost of preparing a durable power of attorney is small compared to the cost of a guardianship.
Protect Assets
Estate plans sometimes include asset protection trusts. These are especially useful to people who may be vulnerable to claims from creditors, ex-spouses, and civil judgments.
With the right planning, as advised by an attorney, you may be able to save your assets for your family.
Incapacity Planning
It may seem difficult or counterproductive to put money into incapacity planning. Medicaid provides the most money for long-term care, and they have strict rules about eligibility. Without Medicaid, your loved one could spend every penny they have on long-term nursing care before However, using estate planning strategies, an individual can set up trusts and use other strategies to prepare for the high cost of long-term care.
Talk to an Attorney About Your Estate Planning Options.
The attorneys at Miller Estate and Elder Law use their experience and skills to help clients just like you prepare complete estate plans. We also help with Medicaid planning and estate planning. For a free consultation with an experienced Alabama attorney, contact us at 256-251-2137 or use our convenient Contact Form.
We also offer free guides, videos, and workshops.
We have offices in Anniston and Birmingham and serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Sep 21, 2018 | Estate Planning, Probate
Your Last Will and Testament is one of the most important documents you will ever sign. Within that document, you will name someone to act as your estate’s executor or personal representative. Your personal representatives will make decisions and take actions that affect your loved ones. Knowing what to look for in a personal representative may make your decision a little easier.
A Personal Representative Is a Fiduciary
Fiduciaries are people or entities who are trusted to handle property for someone else’s benefit. Banks are sometimes called fiduciaries.
Responsibilities of an executor or personal representative include:
- Gathering and protecting estate assets,
- Managing estate assets, and
- Distributing property according to the terms of the Will or the laws of the State of Alabama.
Because of the importance and sensitivity of these tasks, it is important to consider individuals carefully before deciding on an executor.
A Personal Representative Is Prudent
Someone who is prudent acts with care and thought for the future. Alabama state law notes that a personal representative may take a wide range of actions on the decedent’s property, including:
Voting on stocks, executing and filing deeds, receiving and retaining assets, insure estate assets, borrow money, deal with contracts and creditors, pay taxes, and so on.
A Personal Representative Is Diligent and Detail-Oriented.
Gathering and maintaining assets requires someone who is hardworking and who sweats the details. Even small estates need someone who will find all the assets, no matter where located. And the family of the decedent needs someone who can protect and maintain assets of every type. Insurance may need to be purchased, licenses and registrations obtained, and investments monitored.
A Personal Representative is Loyal
As fiduciaries, personal representatives owe a standard of care to the estate, to you, and to your family. Look for someone who is willing and able to honor the preferences set forth in your Will.
Personal Representatives Are Patient and Diplomatic
Disagreements and disputes among family and heirs may turn into a family feud during probate. It’s not easy, but a personal representative must have the patience of a saint sometimes when dealing with distressed heirs and family members. If this sounds like your family, choose a personal representative with conflict resolutions skills.
Talk to an Experienced Alabama Estate Planning Attorney.
The attorneys at Miller Estate and Elder Law help clients like you make thoughtful decisions about their estate plans. 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 | Sep 19, 2018 | Medicaid, Medicaid Planning, Medicaid Qualification
Laura breathed a sigh of relief when her father, Gene, became eligible for Medicaid. He did not have any savings or a long-term care insurance policy. She wasn’t sure how long she could keep paying nursing home bills. However, Laura learned that her job was not over when it came to Gene’s Medicaid. Every month, she needed to make sure to keep his income within Medicaid’s resource limits.
What are Medicaid’s resource limits?
Applicants must meet certain requirements, or resource limits, before becoming eligible for Medicaid. For example, an applicant cannot receive monthly income exceeding a set amount. In 2018, the income level is $2,025 although that may be adjusted annually for inflation.
Medicaid recipients must not have more than $2,000 in resources on the first day of the month. “Resources” may be:
- Cash,
- Bank Accounts,
- Cash value of life insurance, and
- investment income.
Every month, Laura worries that her dad’s Social Security check will be deposited in his bank account before the first of the month. This might put his resources over the limit. Also, he has some small investments that pay quarterly dividends. These may also cause problems with his Medicaid eligibility.
What steps can I take to stay within Medicaid’s resource limits?
First, learn what those limits are, because not every asset counts toward resource limits. We’ve listed some of the assets that are considered resources. The following assets are generally not included as resources:
- Household goods and personal effects,
- Burial plans,
- One car if used by the recipient’s family member, and
- Certain real property.
Please note that resource limits differ for married Medicaid recipients.
In Gene’s case, he is single. He has a checking account, a car, his Social Security benefits, and a small retirement account. Gene does not own any real property or any cash value life insurance policies. Laura is using his car now that he is no longer able to drive.
Every month, Laura watches Gene’s bank account. She knows that an unexpected quarterly dividend or interest payment could jeopardize Gene’s Medicaid benefits. As the first of the month approaches, she can pay the nursing home in advance or other bills to reduce his checking account balance.
Another option is for Laura to have an attorney set up a Qualified Income Trust, also known as a Miller Trust. Gene’s excess income, anything over the resource limit, could be deposited directly into his Miller Trust. The trustee could then use the funds for Gene’s nursing home bills and personal items.
Don’t Lose Your Medicaid Benefits.
The attorneys at Miller Estate and Elder Law use their experience and skills to assist their clients with Medicaid questions and concerns. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form to let us know you are ready to get started. You can also check out the free resources on our website. Although we’re located in Anniston, we also help clients in the Birmingham, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
