by Bill Miller | Jul 20, 2018 | Estate Planning, trust
Frank had heard about trusts and though he might want to set one up. Researching trusts online just confused him. There were so many types of trusts. However, he did learn enough about living trusts and testamentary trusts to know he wanted to learn more. Frank made an appointment with his attorney to see which one might be right for him.
What’s the Difference?
It comes down to when the trust is actually established.
A testamentary trust is established by an individual’s Last Will and Testament (the Will). The person who signed the Will, the testator, does not create and fund the trust during his or her lifetime. Instead, the trust is set up when the testator’s Will is probated.
The term “living trust” says it all. Also called an inter vivos trust, a living trust is established while the grantor is still alive.
Testamentary Trust Details
This type of trust offers most of the same advantages of any trust. For example, many trusts are used for asset protection. A testamentary trust can be set up to protect an estate from its heirs’ frivolous financial behavior. Giving some beneficiaries a large lump sum inheritance is a recipe for disaster.
More than one testamentary trust can be set up through a Will. For example, Frank might want to set up one trust for his son and one for his daughter.
The trustee of a testamentary trust acts like any other trustee. In other words, the trustee manages the trust assets. Heirs are not always ready to manage assets passed down through a Will. The trustee can distribute trust assets according to the terms of the trust, but also keep an eye on the beneficiaries.
Beneficiaries may enjoy some important tax advantages by receiving their inheritance through a testamentary trust instead of a lump sum. Distributions may be spread out to minimize the tax burden.
Still Have Questions About Using a Testamentary Trust?
Frank decided that a testamentary trust was right for his estate based on his attorney’s advice. If you are interested in establishing a trust, contact a qualified Alabama estate planning attorney today.
The attorneys at Miller Estate and Elder Law assist their clients with all phases of estate planning. 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 | Jul 17, 2018 | Estate Planning
Watching a family fight over a loved one’s Will is heartbreaking. Take Marjorie J.’s family. When Marjorie passed away last year, she left behind a pretty nice estate. She intended her property and money to go to her family – or, at least, some of them. However, several people were shocked to learn they were not even mentioned in the Will and would receive nothing. They began to question whether Marjorie’s Will was valid. The stage was set for an expensive, disheartening courtroom battle.
If only Marjorie had known there were ways to avoid a Will contest.
Include a No-Contest Clause
Marjorie picked up a form to use for her most recent Will. The form was okay, as far as it went. However, it did not have a no-contest clause that could have headed off any future Will contests.
This clause states that anyone who challenges the Will loses their inheritance. No-contest clauses are usually upheld in court. Marjorie’s son, for example, files a lawsuit challenging her Will. He lost the lawsuit and the money he would have inherited.
One thing to remember if you want to put a no-contest clause in your Will: for someone to lose their inheritance, they must be receiving something. If you plan to use a no-contest clause, it’s best to leave a small sum to the people you think will contest the Will. This might discourage them from fighting it.
Communicate with Loved Ones
It is not always easy to talk about estate plans with family members. But it is necessary. Keeping your family informed can help manage their expectations. This is especially true if you plan to disinherit someone. In fact, failing to mention why you are disinheriting someone could lead to a Will contest.
For example, Marjorie had given her son a lot of financial support throughout the years. Her daughter had never needed any help, though. So, Marjorie left the bulk of her estate to her daughter to “even things out.” Had she explained this to her son, or even just mentioned it in her Will, he might have handled it better.
Explore Trusts
Sometimes a Will is not the best way to pass your property to your heirs. Trusts offer tax benefits and confidentiality. They are also less likely to be contested.
Marjorie did not speak to an attorney about trusts. She felt they were only for really wealthy people. However, passing her property through a trust may have been a better choice.
Consult with an Alabama Estate Planning Attorney.
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
by Bill Miller | Jul 13, 2018 | Medicaid, Medicaid Planning
Both Medicare and Medicaid are government programs that help eligible individuals with medical costs. Because of the similar names, though, people have trouble knowing which program they need. Let’s take a look at how each program handles two important things: eligibility and services.
Medicare and Medicaid Eligibility
Medicare is offered only to those 65 or older or people with End Stage Renal Disease (ESRD). Medicaid offers benefits from children to pregnant women to nursing home residents.
People can check online or with their local Social Security office to see if they are qualified for Medicare. Typically, most people are enrolled in Medicare Parts A and B when they turn 65.
The application process for Medicaid is more complicated. Benefits are based on income and resources. Medicaid looks back at applicant’s finances for five years from the date of application. Some applicants may find they are not eligible for benefits, or their benefits are delayed, because of transactions like transferring assets to their children.
So, a person over the age of 65 with limited income and resources might be eligible for both Medicare and Medicaid.
Medicare and Medicaid Services
Medicare is divided into four parts:
- Part A – Inpatient care at a hospital or skilled nursing facility.
- Part B – Some preventive care, outpatient care like doctor’s appointments.
- Part C – Advantage plans that combine Part A and Part B benefits, as well as the option to include drug coverage.
- Part D – Prescription drug coverage.
Medicare recipients choose which plan they want, usually based on their needs and how much they can pay for the premiums.
Medicaid, on the other hand, pays for care like that received at a hospital or skilled nursing facility, federally-qualified health center, rural health clinic, freestanding birth center, and so on. This is by no means a comprehensive list of the services offered by Medicaid. In fact, states typically offer the following programs to help the following groups:
- Children,
- Parents and caretaker relatives,
- Pregnant women,
- Elderly and disabled persons,
- Nursing home residents, and
- Patients with breast or cervical cancer.
So, Medicare and Medicaid both offer benefits that cover medical care. However, Medicaid benefits target segments of our population that may not be covered by Medicare.
Learn More About Medicaid Eligibility.
The attorneys at Miller Estate and Elder Law know how to help you with Medicaid eligibility. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. We also offer free workshops and guides with more information about topics that matter to you. Although we’re located in Anniston, we also help clients in the Birmingham, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Jul 10, 2018 | Business
Pete J. had always wanted to start his own business. He finally decided to take the plunge this year. After working for other companies for year, Pete knew that he would have to follow certain laws and regulations to get his business up and running. The first thing he had to learn was how to form a business in Alabama.
Alabama Business Entities
Understanding the different business structures allowed in the State of Alabama was important. There’s more involved than just whether you want your business to be called an “LLC” or a “Corporation.” Fortunately, Pete could choose from several types of businesses:
Sole Proprietorships have one owner. While sole proprietorships require very little paperwork and fees to form, there is no protection from liability. The business owner may have trouble raising capital and obtaining long-term financing. Still, some people may consider it their best option.
Partnerships have two or more owners and are fairly easy to form. However, at least one partner has unlimited liability and transferring or selling a partnership interest may be difficult.
Corporations are a separate legal entity apart from the owners. Liability is limited, and ownership interest is easier to sell or transfer. However, the corporation structure is more heavily regulated. Also, corporations are doubly taxed.
Limited Liability Corporations and Limited Liability Partnerships offer better tax status than a corporation with great liability protection.
Forming Your Business
The procedure used varies according to the business entity chosen.
Generally, the first steps are:
- Picking your business name.
- Filing a trade name or doing business as, although this is optional.
- Getting all licenses and permits needed for your industry.
- Applying for an Employer Identification Number.
Sole proprietorships and general partnerships do not have to file paperwork with the Alabama Secretary of State to start up. However, limited partnerships file a Domestic Limited Partnership Certificate in the county where they do business.
As we noted above, corporations require more work to get off the ground:
The corporation’s name must be available, meaning no one else is using it.
You must also file Articles of Incorporation, along with the Domestic Business Corporation Certificate of Formation and a Certificate of Name Reservation.
Choose a registered agent.
Prepare Bylaws. They don’t have to be filed with the State, but bylaws describe how a corporation will work.
It is critical to weigh the advantages and disadvantages of each type of business entity before choosing one.
Ready to Start Your Business?
At Miller Estate and Elder Law, we make it our business to put our client’s needs first. We assist our clients in making legal decisions regarding their business interests. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. We have offices in Anniston and Birmingham and we assist clients in the Leeds, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Jul 6, 2018 | Estate Planning, Medicaid, Medicaid Planning
At age 98, Jamison truly is his family’s patriarch. His children want him to attend the annual family reunion. The problem? Jamison lives in Alabama. The reunion is in Texas. Although he does not live in a nursing home, Jamison requires some skilled nursing care and is legally blind. They are concerned that Jamison’s Medicaid benefits will not pay for medical services while he is away from Alabama.
Jamison’s family is right to be worried. Although the funds for Medicaid benefits come from the federal government, individual states manage Medicaid for their citizens. Jamison’s Medicaid benefits, then, are administered by Alabama Medicaid. Individual states are allowed to develop their own rules and regulations, as long as they comply with federal regulations.
It’s the Law
Federal law at 42 CFR 431.52 provides that state plans will pay for services provided to Medicaid recipients who are temporarily out-of-state. However, the following conditions must be met:
(1) Medical services are needed because of a medical emergency;
(2) Medical services are needed, and the beneficiary’s health would be endangered if he were required to travel to his State of residence;
(3) The State determines, on the basis of medical advice, that the needed medical services, or necessary supplementary resources, are more readily available in the other State;
(4) It is the general practice for beneficiaries in a particular locality to use medical resources in another State.
The law goes on. States are required to establish procedures so individuals who are eligible for Medicaid under another state’s program can receive medical services.
But It May Not Be Easy
Note that medical costs incurred during an emergency are covered. This means that individuals may be billed for services related to non-emergencies, unless that care fits the other criteria listed above. Also, the out-of-state provider has to enroll as a provider with the Alabama Medicaid Agency. And, finally, some services have to be pre-approved.
Medicaid Is a Complex Program.
Schedule a consultation with one of the attorneys at Miller Estate and Elder Law, and find out where you stand. Our phone number is 256-251-2137, or you may want to use the Contact Form on our website. We have offices in in Anniston and Birmingham and assist clients in communities like Hoover, Vestavia Hills, Irondale, and Calera.
