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Estate Planning for Young Couples

Estate Planning for Young Couples

Estate Planning for Young Couples

When you’re young, estate planning is often the furthest thing from your mind. But if you’ve started on a new life with a spouse or a partner—and especially if you have kids—it’s never too early to start thinking about your future. Estate planning for young parents comes with some unique wrinkles, but by working with an experienced professional, you can ensure that your family is well protected.

Legal Documents for Parents

Wills and Trusts

If you’ve recently started a family, now is the time to start looking ahead to your children’s future. Many young people put off writing a will or setting up a trust because they feel that they don’t own enough assets. The fact is that most people have far more assets than they think, and if you don’t draw up an estate plan, you can leave your kids unprotected. For younger parents, writing a will is the easiest way to make sure your children are taken care of, but a trust may also be a good option. Setting up a trust allows you to set certain conditions to protect your children while also considering their future. Trusts are an especially smart option if you have children with special needs.

Powers of Attorney

A power of attorney allows you to authorize someone to act on your behalf should you become incapacitated or otherwise unable to make your own decisions. Common types of POAs include financial and healthcare directives which allow a trusted individual to carry out your wishes when it comes to your monetary decisions and your medical care. Another document that you may want to fill out is a living will. A living will provides more detailed instructions about your end-of-life care than a simple power of attorney. Completing these documents will make things much easier for your family should tragedy strike.

Guardianship for Children

When it comes to estate planning for young parents, one of the most important decisions is who will look after your kids if something should happen to you. Leaving your kids’ future in the hands of a trusted individual is essential to your peace of mind. The law allows you to name a guardian who will look after your kids as part of your will. If you do not specify a guardian, you leave the decision up to the court and you will have no input into who they pick. Some important considerations when it comes to selecting a guardian include the person’s financial situation, their level of responsibility, and how close they live to you.

Contact Miller Estate and Elder Law

If you have any questions about estate planning for young parents or any aspect of the estate planning process, do not hesitate to contact the experienced attorneys at Miller Estate and Elder Law. Give us a call today at (256) 251-2137 or fill out the form below and start protecting your family’s future.

For more information, please check out our e-book, 10 Legal Strategies Every Parent Should Know.

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The Five Biggest Mistakes People Make When Applying for Medicaid

The Five Biggest Mistakes People Make When Applying for Medicaid

Applying for Medicaid

Key Takeaways | The Five Biggest Mistakes People Make When Applying for Medicaid

Having the right kind of power of attorney and trust is crucial for asset protection and Medicaid planning.

Assets in a revocable trust are not protected from nursing home costs.

Giving away or selling assets for less than fair market value can result in Medicaid penalties.

Transferring assets to eligible beneficiaries, such as disabled children, can be done without penalties.

Strategies can be implemented to maximize the resources of the community spouse.

Proper planning and seeking advice from an elder law attorney are essential to avoid costly mistakes when applying for Medicaid.

Episode Notes:

In this episode, attorney Bill Miller discusses the five biggest mistakes that people make when applying for Medicaid to pay for nursing home care. He shares stories and examples to illustrate these mistakes and provides valuable insights on how to avoid them.

The mistakes include not having the right kind of power of attorney, thinking that assets in a trust are protected from nursing home costs, giving away or selling assets for less than fair market value, failing to transfer assets to eligible beneficiaries, and failing to implement strategies to maximize the resources of the community spouse. He emphasizes the importance of proper planning and seeking advice from an elder law attorney.

Notable Moments:

(00:00) Introduction and Disclaimer

(04:19) Mistake 1: Not Having the Right Power of Attorney and Trust

(08:37) Mistake 2: Thinking Assets in a Revocable Trust Are Protected

(11:42) Mistake 3: Converting Exemplary Sources

(13:47) Mistake 4: Failing to Transfer Assets to Eligible Beneficiaries

(16:35) Mistake 5: Failing to Implement Strategies for the Community Spouse

(20:12) Conclusion and Importance of Proper Planning

 

 

 

 

 

 

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How Your Marriage May Change When Your Spouse Has Alzheimer’s

How Your Marriage May Change When Your Spouse Has Alzheimer’s

Your Child Turning 18 is a Big Deal, Here's Why

Receiving the news that your spouse has Alzheimer’s disease marks the beginning of a challenging journey filled with intense emotional and significant life adjustments. As you navigate this new reality, you may face unfamiliar roles and responsibilities, from managing daily tasks to providing increasing levels of care. Understanding how life with Alzheimer’s will change can help you adapt, offer the proper support, and maintain a loving connection with your spouse.

Changes in Roles and Seeking Support

An Alzheimer’s diagnosis will inevitably lead to significant changes in your relationship dynamic. As the disease progresses, your role may shift from partner to primary caregiver. Tasks that your spouse once managed independently, such as finances or household chores, may now fall on your shoulders. It’s crucial to anticipate these changes early on and seek support from family, friends, or professionals who can provide an extra helping hand. One of the best ways to take care of yourself and your spouse is to reach out and ask for support wherever you need it. Beyond seeking support, you may find comfort in establishing a routine and educating yourself further on the disease.

Maintaining Your Mental Health

Caring for a spouse with Alzheimer’s can take a toll on your mental well-being. It’s essential to prioritize self-care among the demands of caregiving. Ensure you get enough rest, eat well, and exercise regularly to maintain your physical health, which directly impacts your mental health. Don’t hesitate to lean on your support network—friends, family, or counselors—who can offer emotional support. Taking care of yourself by staying active and enjoying your usual hobbies can help alleviate stress and keep you in a healthy mindset, which will in turn help you better care for your spouse.

Adapting to a Different Life Together

As Alzheimer’s progresses, your relationship with your spouse will evolve. Communication may become more challenging as their abilities decline, impacting both emotional and physical intimacy. It’s important to find new ways to connect and enjoy life together. Engage in activities that your spouse can still enjoy, such as listening to music together or going on walks. Remember to be patient and compassionate, recognizing that their behavior and physical activity will change due to the disease.

Updating Your Estate Plan

Facing Alzheimer’s ensures the need to update legal and financial documents promptly. Ensure necessary paperwork—including wills, power of attorney, and healthcare directives—reflects current wishes and arrangements. Consult with our legal team or a trusted estate planning firm for legal and financial guidance to navigate these updates effectively. Addressing these matters early can ease future uncertainties and ensure your spouse’s wishes are honored.

Contact Miller Estate and Elder Law

The experienced attorneys at Miller Estate and Elder Law are here to help guide you through the new life changes Alzheimer’s may bring. Contact us today at (256) 251-2137 or by filling out the form below.

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Caring for Aging Parents: What Caregivers Need to Know

Caring for Aging Parents: What Caregivers Need to Know

Caring for Aging Parents

Key Takeaways | Caring for Aging Parents: What Caregivers Need to Know

Have open conversations with aging parents about their wishes and end-of-life care.

Create or update legal plans, including powers of attorney and healthcare directives.

Be aware of the cost of care and explore options such as long-term care insurance, veterans benefits, and Medicaid planning.

Seek help, stay organized, and prioritize self-care as a caregiver.

Episode Notes:

In this episode, attorney Bill Miller discusses the challenges faced by caregivers and provides valuable information on what caregivers need to know. He emphasizes the importance of having open conversations with aging parents about their wishes and end-of-life care.

He also highlights the significance of creating or updating legal plans, including powers of attorney and healthcare directives. He advises caregivers to be aware of the cost of care and explore options such as long-term care insurance, veterans benefits, and Medicaid planning. Additionally, he encourages caregivers to seek help, stay organized, and prioritize self-care.

Notable Moments:

(00:00) Introduction and Disclaimer

(02:19) The Sacrifices of Caregivers

(04:09) Having the Conversation: End-of-Life Wishes

(09:10) Continual Planning for Healthcare

(15:47) Creating or Updating Legal Plans

(23:54) Navigating the Cost of Care

(29:04) Getting Organized: Documents and Information

(35:08) Seeking Help and Self-Care

 

 

 

 

 

 

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Wills vs. Trusts in Estate Planning

Wills vs. Trusts in Estate Planning

Wills Versus Trusts in Estate Planning

Key Takeaways | Wills vs. Trusts in Estate Planning

A will is a legal document that outlines how your probate assets should be distributed after your death, while a trust is a legal agreement that holds assets for the benefit of individuals or purposes.

Wills are simpler and less expensive upfront, but they require court intervention and can be time-consuming.

Trusts avoid probate, provide continuity of asset management, and offer more flexibility and privacy.

Trusts are better for larger or more complex estates and can be effective during your lifetime as well.

A pour-over will can be used in conjunction with a trust to ensure that all assets are distributed according to the trust’s terms.

Trusts can be used for asset protection, planning for incapacity, and seamless management of assets.

Trust administration is typically less expensive and easier than probating a will.

It is important to consider your specific circumstances and goals when deciding between a will and a trust.

Episode Notes:

In this episode, attorney Bill Miller discusses the differences between wills and trusts. He explains that a will is a legal document that outlines how your probate assets should be distributed after your death, while a trust is a legal agreement that holds assets for the benefit of individuals or purposes.

Wills are simpler and less expensive upfront, but they require court intervention and can be time-consuming. Trusts, on the other hand, avoid probate, provide continuity of asset management, and offer more flexibility and privacy. They are better for larger or more complex estates and can be effective during your lifetime as well.

Notable Moments:

(00:00) Introduction and Overview

(07:11) Introduction to Trusts

(09:29) Types of Trusts: Revocable and Irrevocable

(12:08) Parties Involved in a Trust

(14:03) Advantages of Trusts

 

 

 

 

 

 

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