by Bill Miller | Jan 30, 2020 | Asset Protection, Blog, Estate Planning, trust
Revocable living trusts are very common today. They are known as a flexible way to manage your assets and a way to avoid probate. However, there are other little known facts about revocable trusts that you may need to know. As you develop your estate plan, consider adding a revocable trust.
Revocable Trusts Can Be Funded with Almost Any Asset
Once a trust document is signed, the grantor needs to transfer property to the trust. This is called funding the trust. Many people assume cash or real estate are the only assets that can be used to fund a trust.
However, the ownership of just about any asset can be transferred to a revocable trust. Along with cash and real estate, the grantor can transfer jewelry, art collections, boats, cars, business interests, and investments. Talk to your attorney before transferring assets. Some property can be passed to your heirs through other means, like beneficiary designations and joint property ownership.
Only Very Wealthy People Benefit from Revocable Trusts
This statement may be one of the primary reasons people don’t talk to an attorney about revocable trusts. Actually, revocable trusts are useful to people of modest means. Some of the more common reasons to form a revocable trust include:
- Incapacity Planning – If you become incapacitated while serving as trustee, your successor trustee can take over immediately. There’s usually no need for a conservatorship.
- Protecting Your Children – Maybe your children are minors and cannot inherit directly or perhaps one of the kids cannot be trusted with a lump sum inheritance. A revocable trust can dole out the inheritance in smaller payments. In addition, you can give the trustee the ability to pay an adult child’s bills instead of handing over cash.
A Revocable Trust Usually Remains Private
When you file a Will, it becomes a public record that anyone can view. The same is true for most documents filed in a probate case.
However, a revocable trust typically does not have to be filed with the Court. As such, the contents of your trust should be kept confidential. One exception that could cause your trust to go public is if someone files a lawsuit involving your trust. Even then, it might be possible to shield some or all of the details from public scrutiny.
Find Out More About Revocable Trusts
Often, people think they will not get any benefit from a trust. However, many of those same people would be amazed to learn how revocable trusts help people every day.
The attorneys at Miller Estate and Elder Law help their clients make informed, thoughtful decisions. Contact Bill Miller at 256-251-2137 to schedule an appointment. Though our office is now located at 818 Leighton Avenue in Anniston, we serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
Also, check out the free legal resources on our website!
by Bill Miller | Oct 21, 2019 | Estate Planning
When did you last review your estate planning documents? If you prepared a complete plan, you probably signed a Will, a durable power of attorney, and an advanced directive. However, maybe you signed all these documents years ago and you don’t know if they still fit your lifestyle. Read on to learn the 3.5 reasons to change your estate plan.
Reason #1: Your Finances Have Changed
Estate planning strategies vary depending on your estate’s value. If your net worth has decreased or, hopefully, increased substantially since your last estate plan review, review your plan with your estate planning attorney.
Reason #2: Your Family Structure Has Changed
Major life events typically trigger a good ol’ estate plan review. Marriages, divorces, births, and death – they all dramatically alter your family. It’s likely your estate planning goals are different, too. For example, the birth of a new grandchild might get you started thinking about college savings plans or even just adding the newborn to your Will or trust.
Keep in mind that it is not only your Will that might need some alterations. For example, if you are divorced, did you name your spouse or in-laws as agents or personal representatives in your durable power of attorney or advanced directive? If so, it may be time to name new ones.
Reason #3: You Haven’t Reviewed Your Plan in a Long Time.
Even someone with a fairly simple, ordinary, easygoing life faces triumphs and trials. It’s likely that your life right now is not the same as it was a year ago . . . or five years ago . . . and so on. Has your estate plan kept up with your life?
Reason #3.5: The Tax Man
Okay, this is only a .5 for a good reason: most of us will not need to escape the federal estate tax burden. However, this does not mean that you should ignore estate, gift, and income tax consequences of your plan:
- Tax laws could change, making your plan out-of-date.
- Watch for state estate tax and inheritance tax if you own property in another state.
- If your estate will even come close to the federal estate tax exclusion of $11.18 million per person, adjust your estate plan accordingly.
- So, pay attention, review your plan for tax issues, and watch for tax laws to change.
There’s No Time Like the Present. If you have not reviewed your plan in many years, this is the time.
Make an appointment to have your estate plan reviewed or to finally have a new plan prepared.
The attorneys at Miller Estate and Elder Law understand the estate planning needs of their clients. Contact Bill Miller at 256-251-2137 to schedule an appointment. Though our office is now located at 818 Leighton Avenue in Anniston, we serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
Check out our website for information and free resources.
by Bill Miller | Feb 25, 2019 | Estate Planning, Probate
When doing your estate planning, one question to ask is “will your estate go through probate?” It is said that nothing is certain except for death and taxes. Should probate be added to that list? There may be ways to avoid probate altogether.
Basic Information About Probate
Probate is a process through which a deceased person’s property is distributed to their heirs. Valid claims against the person’s estate are also paid during probate. An estate may have to go through probate whether the decedent left a Will or not. However, there are some exceptions.
The Alabama Small Estate Act allows personal property only to go through a summary distribution process without requiring full blown probate administration of the estate. There are rules and restrictions to dealing with a small estate, though. For one thing, if the estate own real estate, there cannot be a small estate administration. Additionally, the value of the estate must be minimal (nor more than $25,000 or so).
Also, not every asset
will become part of the probate estate. Some of the exceptions are listed
below.
Answering the Question Requires More Questions
To answer, “Will your estate go through probate?” ask
yourself the following:
- Do you own real estate? If the property is jointly owned with a survivorhip provision, it may pass directly to the other owner(s).
- Are you the sole owner of any property? If you are the sole owner of property, it will pass to your heirs through probate.
- Do you have any financial accounts or insurance policies? If so, have you named beneficiaries for these account? Since beneficiary designations bypass your Will, these accounts and your insurance policy do not become probate assets.
- Have you created and funded any trusts? Many people use a revocable living trust to pass property to heirs without the need for probate. Assets funded into the trust during the lifetime of the decedent will avoid probate. If the trust is created through a Will, (a testamentary trust) then the Will does go through probate and then the trust is created.
- Do you own other asset that will not pass through probate? It’s complicated. Some assets may pass to your spouse as their elective share of your estate.
The Best Way to Deal with Probate
Leave a complete, up-to-date estate plan behind for your family. The guidance you offer through your Will and revocable living trust is priceless. By doing proper planning, you can decide “will your estate go through probate” yourself.
At Miller Estate and Elder Law, we work with families everyday who are dealing with the probate process. We also work with people as they set up their estate plans. Contact us at 256-472-1900 and let us help you. We also do free workshops and offer free resources on our website.
Miller Estate and Elder Law is now located at 818 Leighton
Avenue in Anniston, but we serve clients in Leeds, Gadsden, Hoover, Talladega,
Vestavia Hills, and surrounding areas.
by Bill Miller | Jan 21, 2019 | Estate Planning, Uncategorized
A Trustworthy Person Standing in Your Shoes Right Now
Michael was having a wonderful time in Florida while he waited for his Alabama house to close. Unfortunately, he took a bad fall and ended up in a Florida hospital. He had his Alabama power of attorney, but the problem was that it was a springing power of attorney. The powers were only effective if Michael lost capacity. Michael’s capacity was fine, it’s just that he wasn’t in Alabama when an offer on the house came through.
Power of Attorney
A power of attorney is a legal document that allows someone else to stand in your shoes. It allows them to speak and act on your behalf. A document that is effective immediately – even if you’re perfectly capable of managing your own affairs at the time – is the better choice in most cases. Michael should have designated an Alabama agent with immediate powers. The document should be comprehensive enough to authorize the agent to conduct real-estate transactions on Michael’s behalf.
A document like Michael’s, however, that “springs” into life only on incapacity, would not serve him as he needed. And even if Michael had lost capacity, a doctor would still have to certify that he could no longer make his own decisions. This would cause delay and uncertainty, when swift action was required instead.
Get a Trustworthy Person to be Your POA
Many are concerned that if they have a power of attorney that is immediately effective, their agent will abuse privileges that aren’t even needed at the time. This is a sign, however, that they don’t trust that person. And after all, it’s better to be alert and aware if such a thing should happen, instead of discovering the problem only when you’ve lost capacity and it’s too late. Making sure to name a trustworthy person to serve as power of attorney is often better that using a spring power of attorney.
An experienced attorney can help you find your way through many such pitfalls. Please give us a call at 256 251-2137 to learn how we can help. You can also learn more about powers of attorney and other estate planning documents by getting a free copy of our book – The Basics of Estate Planning in Alabama by at www.AlabamaEstatePlanningGuide.com.
by Bill Miller | Nov 29, 2018 | Estate Planning, Probate
One of the many benefits associated with estate planning is that you get to choose who gets your stuff after you are gone. However, that generally only works if you have actually done an estate plan! Someone who passes away without leaving a valid Alabama Will has lost the opportunity to voice their final wishes. Don’t let the state use Alabama intestacy succession to choose your heirs. A simple Will or trust lets you make all the decisions beforehand.
Intestacy and Probate
Someone who dies without leaving a valid Will is called “intestate.” Whether there’s a Will or not, the deceased person’s estate still has to pass through probate in most cases. However, depending on the size of the estate and family circumstances, probating an intestate person’s estate can be more complicated and more expensive when there’s no Will.
And your probate assets will be distributed according to state law, not the way you would have wanted.
Alabama Intestacy Succession Law
Property in an intestate estate pass to heirs based on Alabama law. Two of the factors that determine “who gets what” are:
- Whether the decedent was married, and
- Whether the decedent had any descendants.
Intestacy succession in Alabama provides for the estate’s distribution as follows:
| If decedent is survived by: |
Then probate assets pass: |
| a spouse, but no children |
entirely to spouse |
| a spouse, no children, parent or parents |
first $100,000 to spouse, then one-half of the rest |
| a spouse, children of decedent and spouse |
first $50,000 to spouse, plus one-half of the balance |
| a spouse, children of decedent but not surviving spouse |
one-half of the estate to the spouse |
| children of decedent |
in an amount based on degree of kinship to decedent |
| parents, but no spouse or children |
equally to the parents |
| no spouse, children, or parents |
to other children of parents (siblings) |
| no spouse, children, parents, or siblings |
to grandparents or children of grandparents based on degree of kinship. |
Not Having a Will Just Makes Everything More Complicated
Intestacy succession does not apply only when the deceased person didn’t leave a valid Will. In fact, a decedent’s probate assets that are not addressed in the Will may pass to heirs according to intestacy succession laws. It pays to make sure your Will is valid and up to date.
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. 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 Leeds, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Nov 24, 2018 | Estate Planning, Medicaid, Medicaid Planning
Some things just don’t go together, like oil and water or peanut butter and sardines. Sometimes it’s not a big deal – or the resulting problem is minor. But when something as important as your Medicaid eligibility is involved, that’s a different story. For example, do-it-yourself estate planning and Medicaid don’t mix at all. Here’s why:
What is DIY estate planning?
DIY stands for do-it-yourself. Americans are fond of taking on DIY projects ranging from planting an herb garden to building an addition onto their homes. However, your estate plan may be a lot more complicated and last a lot longer than the deck you built last year.
Due to the Internet, exposure to do-it-yourself estate planning has increased. People can click a few buttons and have a Will ready for signing. But DIY estate planning cannot analyze your particular circumstances, personalize your estate plan, listen to your concerns, and give information specific to special situations.
And it’s unlikely that DIY estate planning can address the need to plan for Medicaid eligibility.
What happens if you need Medicaid
Planning for expensive medical treatments, including long-term care, must begin before you need that care. DIY typically does not take that into account. You need an attorney who can review the facts of your case, then use knowledge of the law and experience to find the best options.
For example, a website algorithm may not take into account the Medicaid five-year look back period. Medicaid case workers will review an applicant’s financial history for 60 months prior to the date of application. Someone who uses DIY estate planning may sign the Will, then give assets to family members to decrease the value of his or her estate. Property may be titled or transferred in such a way that Medicaid eligibility is not affected. If done improperly, transfers or gifts made within that look back period may decrease, delay, or even prevent Medicaid benefits.
A lawyer who knows Medicaid can offer advice on how to avoid such penalties.
Medicaid Rules and Requirements Are Complicated
Don’t let DIY estate planning stand in the way of receiving benefits you deserve. Schedule a consultation with one of the attorneys at Miller Estate and Elder Law. Our phone number is 256-472-1900. Miller Estate and Elder Law is now located at 818 Leighton Avenue in Anniston, but we serve clients in communities like Hoover, Vestavia Hills, Irondale, and Calera.
