by Bill Miller | Jul 4, 2018 | Estate Planning
Sometimes an estate plan no longer fits. Your life changes, sometimes without warning, and you have to act fast. When this happens, you need to know how to revoke your estate planning documents.
Basic Estate Planning
Three documents typically serve as foundation for an estate plan:
- Last Will and Testament (“Will”),
- Durable Power of Attorney, and
- Medical Power of Attorney.
These documents must comply with Alabama law in the way they are drafted and signed. But did you know there are laws about how to cancel them also?
Changing Your Mind and Your Documents
You may have several reasons for modifying your estate plans. For example, major life events trigger estate plan reviews and those reviews may lead to major changes:
- Marriage,
- Divorce,
- Birth,
- Death,
- Change in financial status,
- Change in family relationships,
- Agents or personal representatives need to be changed,
- Moving to another state
So, if you experience a major life event – or just change your mind – how can you revoke estate planning documents you already have in place?
Last Will and Testament. It’s possible to make minor modifications to your Will by preparing and signing a Codicil. This becomes an addition to your Will. Generally, your previous Will is revoked by any new Will you sign. You can also revoke a Will by any of the following means: burning, tearing up, cancelling, obliterating, or destroying.
Someone other than the testator can destroy the Will. However, the testator must direct the destruction or consent to it willingly before two witnesses.
Durable Power of Attorney. Authority granted under a power of attorney terminates if the principal:
- Dies,
- Becomes incapacitated,
- Revokes the power of attorney,
- Provided a specific termination date in the power of attorney itself,
- Provided a specific purpose for the power of attorney that has been accomplished.
It will also terminate if the agent dies or becomes unwilling or unable to serve. In addition, a fiduciary or a court may terminate the power of attorney. And if the principal and agent were married, the authority is revoked if the marriage is dissolved or annulled.
Medical Power of Attorney. According to Alabama law, the principal can revoke a medical power of attorney in writing, signed and dated. The power of attorney can also be destroyed by the principal. There should be at least one witness age 19 or older and the principal should state his or her intention is to revoke their power of attorney.
Review Your Estate Plans Regularly.
The attorneys at Miller Estate and Elder Law understand the estate planning needs of their clients. 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 | Jul 2, 2018 | Medicaid, Medicaid Planning
Molly B. has struggled with chronic obstructive pulmonary disease (COPD) for years. Elijah J. has suffered from liver disease for years and now needs a transplant. And after her recent diagnosis, Hannah W. has questions about sickle cell disease. These people have something in common – they might benefit from Medicaid’s Health Home Program.
As a joint federal-state government program, Medicaid offers health benefits to qualifying individuals. Many people think of Medicaid when they face the need for nursing home care. Medicaid is much more than that, though. For example, the Health Home program.
The Details
Medicaid’s Health Home Program connects patients with the right services and resources. It also teaches patients about self-management and provides necessary transitional care. For some patients, Medicaid Health Home provides services to bridge medical and behavioral health services. This is by no means a comprehensive list.
The extra services provided by Health Home are offered, but not mandatory. Patients have the option of not accepting those services.
Eligibility
To receive benefits, the patient’s Primary Medical Provider (PMP) has to be contracted with the regional Health Home group. The patient also has to be enrolled in the Patient 1st Program.
Health Home services provides services in addition to support already received by the patient’s Primary Medical Providers. Patients who suffer from, or are at risk of contracting, the following chronic conditions often need an extra level of coordination between medical providers:
- asthma
- diabetes
- cancer
- COPD,
- HIV,
- mental health conditions,
- substance abuse,
- transplants,
- sickle cell disease,
- BMI over 25
- heart disease,
- Hepatitis C.
Hannah W. worried about how the combination of her sickle cell disease with diabetes would affect her care. Her doctor joined the Health Home program and directed her toward self-management resources and other programs that might help her.
How it Works
The Health Home group in the patient’s region will contact you to discuss their medical needs. They will let the patient know what services are available. The patient then has the right to refuse those services or accept. For example, Molly B. did not feel she needed any additional services and refused those offered by Health Home.
The patient will have to choose a doctor who is signed up with the Patient 1st program. After having been with the same doctor for years, Elijah J. was dismayed to learned that his doctor did not participate in the Patient 1st program. He had to decide whether to stay with him or move to another doctor.
This additional care is not permanent. The patient can cancel at any time.
The Catch? You Have to Be Receiving 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 | Jun 30, 2018 | Estate Planning
Margie’s move from Arizona to Anniston was exhausting. As she unpacked, she ran across the binder containing the estate planning documents she had drawn up years before in Arizona. She tucked them away in her home office, but later wondered if her out-of-state Will would still be valid under Alabama law. That was a good question to ask, because estate planning laws do vary from state to state.
Basic Will Terminology
A Last Will and Testament is commonly known as a Will. There are different types of Wills and Will provisions that may be used depending on the situation.
The person making the Will is called the testator.
Heirs may also be known as beneficiaries, inheritors, distributees, or devisees. No matter what you call them, they are the people who receive the testator’s property after death.
Probate is a legal proceeding held after the testator has passed away. During probate, the testator’s estate will be settled, which means that claims have been paid and property distributed to heirs.
An executor settles the estate of the testator through probate. Executors may also be known as personal representatives or administrators.
What Makes a Will Valid in Alabama?
The Code of Alabama spells out the law regarding Wills:
- Anyone who is age 18 or older and of mind can make a Will.
- Wills must be in writing, signed by the testator or someone directed to sign by the testator who signs in the testator’s presence.
- Will must be signed by at least two people who have witnessed the signing of the Will.
- Witnesses must be competent to act as witnesses. (Note: Wills are not invalid if witnesses also benefit from the estate. However, this practice is discouraged.)
Alabama Code does consider an out-of-state Will to be valid if it was considered valid under the other state’s laws. However, any major life event – like moving – should trigger a review of your estate plans.
Have Your Out-of-State Will Reviewed by an Alabama Attorney.
The attorneys at Miller Estate and Elder Law understand the estate planning needs of their clients. 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 | Jun 28, 2018 | Business
Darrell K. owned a company that manufactured products for outdoor hobbies. As his business grew, he expanded his product line. In the coming year, he plans to hire a marketing director, a new business manager, and several scientists to research and test new product ideas. Darrell realized his company creates and maintains a lot of confidential information. He wondered if he needs to protect that information. His attorney suggested he draw up a non-disclosure agreement.
What is a Non-Disclosure Agreement?
This agreement, sometimes referred to as an “NDA,” is a legally binding contract. The parties to the contract agree to keep certain information secret, disclosing it only if given permission.
There are two distinct types of non-disclosure agreements:
- Unilateral NDAs are one-way agreements used when one party discloses secrets to another party. For example, Darrell has a meeting with potential investors and discussed new products in development. An NDA should protect his company’s trade secrets from misuse.
- Bilateral NDAS are mutual agreements to protect information that both parties have presented. As an example, Darrell meets with an entrepreneur interested in merging his company with Darrell’s. Both parties divulge information about their business operations. A bilateral NDA might be signed by both parties, agreeing to keep the other party’s information secret.
Non-Disclosure agreements usually state what information is to be protected and for what period of time. The parties typically add other provisions as needed.
When Are Non-Disclosure Agreements Used?
Sometimes employers ask employees with access to confidential information to sign non-disclosure agreements. Non-disclosures may prevent leaks about new products or marketing campaigns. In Darrell’s case, he asks his marketing director and scientists to sign NDAs. If these key employees left the company, the disclosure of inside information like marketing strategies and research could really hurt Darrell’s company.
Businesses often disclose sensitive information to banks when asking for loans. The same holds true when seeking new investors – data may be offered to help potential investors make informed decisions. For example, Darrell needs more capital for product development and asks his bank for a loan. The bank probably won’t give Darrell the money he needs unless they know his intentions.
Are Your Company Trade Secrets Safe?
The attorneys at Miller Estate and Elder Law assist clients with their business concerns, from forming the business to preparing contracts.
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 | Jun 26, 2018 | Estate Planning
As we pass through life, we make memories, build families, and learn life lessons. Some memories may bring a smile to your lips and a tear to your eyes. Even if you’ve been entertaining and instructing family for years, it’s still time to consider writing an ethical will.
Isn’t My Regular Will Enough?
An ethical will may also be known as a legacy letter. It’s something in writing, a written expression, that your family may cherish for years. No matter how well you communicate, it’s unlikely you’ve told every family member every little thing about your life. Well, you can include those details, memories, and lessons in your ethical will.
Some of the things you may want to include are:
- Your complete family history.
- A detailed personal history.
- The theories, beliefs and opinions you hold dear.
- Things you’ve done that you are particularly proud of.
- Actions your loved ones have taken that made you proud, but you somehow never talked about.
- Lessons you learned from your parents, grandparents, aunts, and uncles.
- Secrets about your early years that may delight your family.
There’s no wrong way to write your ethical will. Remember, this is not a legally binding document like your Last Will and Testament.
Won’t Writing This Will Take A Long Time?
It’s probably not something you can do in one sitting. Spend some time reflecting on your life. Start a journal or diary and jot down what you think is important. Then, when you are ready, start writing.
Organizing your thoughts is more important than the format you use. You could sort your information into categories or include subheadings like “Our Family History” or “My Early Years.” Keep your ethical will safe by storing it with your other estate planning documents.
When Should I Write My Ethical Will?
That’s up to you and where you are in life right now. People just starting their life’s journey may want to start keeping a journal now. Others may just write their ethical will as important milestones happen.
Make Your Estate Plan Complete.
Estate planning documents give their makers an opportunity to state their final wishes, or what type of medical treatment they want, among other things. While it’s not a legal-binding document, an ethical will can be an important part of your estate plan.
The attorneys at Miller Estate and Elder Law help their clients develop comprehensive estate plans customized to meet their needs. 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.
