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10 Things You Should Do to Get Your Estate in Order

10 Things You Should Do to Get Your Estate in Order

Get Your Estate In Order

Key Takeaways | 10 Things You Should Do to Get Your Estate in Order

Create or update your advanced directive for healthcare.

A durable financial power of attorney is crucial for decision-making.

Wills govern probate assets and should be updated regularly.

Trusts can provide asset protection and avoid probate.

Prepaid funeral plans can relieve family stress during difficult times.

Organizing financial accounts helps loved ones manage your estate.

Access to safe deposit boxes should be arranged in advance.

Verify account ownership and beneficiary designations to prevent issues.

Compile personal data, including passwords, for your family.

Designate personal property to avoid family disputes after your passing.

Episode Notes:

In this episode of the Miller Estate and Elder Law Podcast, attorney Bill Miller discusses the essential steps to get your estate plan in order. He emphasizes the importance of having advanced directives, a durable financial power of attorney, a will, and a trust.

The conversation also covers practical aspects such as prepaid funeral plans, organizing financial accounts, and ensuring access to safe deposit boxes. Bill highlights the significance of verifying account ownership and beneficiary designations, compiling personal data for loved ones, and designating personal property to avoid family disputes. This comprehensive overview serves as a guide to navigate the complexities of estate planning effectively.

Notable Moments:

(00:00) Introduction to Estate Planning Essentials

(06:31) Durable Financial Power of Attorney Explained

(12:35) Prepaid Funeral Plans: A Thoughtful Choice

(19:00) Compiling Personal Data for Your Loved Ones

 

 

 

 

 

 

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The Problems with Relying on Beneficiary Designations and POD Designations

The Problems with Relying on Beneficiary Designations and POD Designations

Beneficiary Designations and POD Designations

Key Takeaways | The Problems with Relying on Beneficiary Designations and POD Designations
 

Beneficiary designations can lead to unintended consequences.

Trusts offer more control over asset distribution.

Underage beneficiaries require special considerations in estate planning.

Conservatorship can be a costly and time-consuming process.

Planning for disabled beneficiaries is crucial to protect their benefits.

A revocable trust can help manage assets for minors effectively.

Estate planning should consider the order of death among family members.

Trusts can provide specific terms for asset management after death.

Beneficiary designations may avoid probate but can complicate matters.

Effective estate planning requires a comprehensive understanding of laws. Special needs trusts protect disabled beneficiaries’ assets.

Trusts can be beneficial for spouses on Medicaid.

Leaving assets to a non-disabled child can be risky.

Trusts provide better management of assets during incapacity.

Beneficiary designations may not cover all contingencies.

Trusts can help with tax issues and protect inheritances.

Continuity of asset management is essential for families.

Trusts allow for staggered payouts to prevent misuse of funds.

Trusts can address potential addiction issues in beneficiaries.

Not everyone needs a trust, but they can be very useful.

Episode Notes:

In this episode of the Miller Estate and Elder Law Podcast, attorney Bill Miller discusses the complexities of estate planning, particularly focusing on the implications of beneficiary designations and the advantages of using revocable living trusts. Through the story of Mr. Baker, learn about potential pitfalls, such as the impact on disabled beneficiaries and the challenges faced by underage heirs. The conversation emphasizes the importance of careful planning to avoid costly legal issues and ensure that assets are managed according to the deceased’s wishes.

In this conversation, Bill Miller discusses the importance of trusts—particularly special needs trusts—in estate planning. He emphasizes how these trusts can protect the assets of disabled beneficiaries, address potential tax issues, and ensure continuity of asset management and distribution. The discussion also highlights the limitations of relying solely on beneficiary designations and the advantages of having a revocable living trust.

Notable Moments:

(00:00) Introduction to Estate Planning and Elder Law

(06:48) Challenges with Underage Beneficiaries

(11:51) Protecting Disabled Beneficiaries

(19:00) Addressing Tax and Legal Issues with Trusts

(24:50) Comparing Trusts and Beneficiary Designations

 

 

 

 

 

 

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The Secure Act

The Secure Act

The Secure Act

Key Takeaways | The Secure Act

The Secure Act impacts how inherited IRAs are taxed.

Asset protection planning is essential for families facing long-term care costs.

Medicaid asset protection trusts can safeguard assets from nursing home expenses.

The 10-year rule for IRA distributions requires careful financial planning.

Cashing in IRAs may be a viable option for asset protection.

Nursing home costs are expected to rise significantly in the coming years.

Estate planning should be tailored to individual circumstances.

Understanding tax implications is crucial when making financial decisions.

Families should consider their unique situations when planning for long-term care.

Workshops and resources are available for further education on estate planning.

Episode Notes:

In this episode, attorney Bill Miller discusses the implications of the Secure Act on estate planning—particularly focusing on asset protection and long-term care costs. He outlines scenarios involving families facing potential nursing home expenses and how the Secure Act has altered the landscape for inherited IRAs, emphasizing the importance of strategic planning to protect assets for future generations.

Notable Moments:

(00:00) Introduction to Estate Planning and the Secure Act

(03:00) Understanding Asset Protection and Medicaid Trusts

(06:03) The Impact of the Secure Act on Inherited IRAs

(09:12) Navigating the 10-Year Rule for IRA Distributions

(12:09) Strategies for Protecting Assets from Long-Term Care Costs

(14:50) Conclusion and Resources for Further Learning

 

 

 

 

 

 

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Estate Planning (or Lack Thereof) Horror Stories

Estate Planning (or Lack Thereof) Horror Stories

Estate Planning Horror Stories

Key Takeaways | Estate Planning (or Lack Thereof) Horror Stories

Estate planning is essential to avoid harsh consequences.

Intestacy laws can lead to unintended beneficiaries.

Guardianship can be costly and emotionally taxing.

Simple wills often overlook complex family dynamics.

Proper planning can protect disabled beneficiaries’ benefits.

Communication with family about estate plans is crucial.

Provisions should be made for potential future needs.

Estate planning should be revisited regularly as circumstances change.

Professional guidance can help navigate complex situations.

Workshops and resources are available for further education.

Episode Notes:

In this spooky episode, attorney Bill Miller discusses the critical importance of estate planning, sharing real-life horror stories that illustrate the dire consequences of not having a proper estate plan in place. He highlights various scenarios where individuals faced significant challenges due to inadequate planning, including issues related to intestacy laws, guardianship, and the pitfalls of simple wills.

This eye-opening conversation emphasizes the need for comprehensive planning to protect families and assets—ensuring that wishes are honored, and burdens are minimized for loved ones.

Notable Moments:

(00:00) Introduction to the Importance of Estate Planning

(02:07) Scary Consequences of Not Having an Estate Plan

(12:23) Common Pitfalls in Simple Wills

(20:17) The Need for Comprehensive Planning

(23:06) Conclusion and Call to Action

 

 

 

 

 

 

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Estate Planning & Asset Protection: What You Need to Know

Estate Planning & Asset Protection: What You Need to Know

estate planning & asset protection

Key Takeaways | What You’ll Learn in Our FREE Estate Planning & Asset Protection Workshops

Avoid common estate planning mistakes, such as putting children’s names on bank accounts and deeding property to children.

Ensure you have the right kind of durable financial power of attorney, advance directive for healthcare, and a will or trust.

Consider the benefits of revocable and irrevocable trusts for avoiding probate and protecting assets.

Explore options for paying for long-term care, including Medicaid and long-term care insurance.

Attend our workshops or webinars for more detailed information on estate planning and asset protection.

Episode Notes:

In this episode, attorney Bill Miller provides an overview of estate planning and asset protection. He discusses common mistakes people make, such as putting their children’s names on bank accounts and deeding property to their children. He emphasizes the importance of having the right kind of durable financial power of attorney, advance directive for healthcare, and a will or trust. He also explains the benefits of revocable and irrevocable trusts, as well as the options for paying for long-term care, including Medicaid and long-term care insurance. Want to learn more? Attend one of our upcoming estate planning workshops for more detailed information.

Notable Moments:

(00:00) Introduction and Disclaimer

(02:00) Common Mistakes in Estate Planning

(06:40) The Importance of the Right Documents

(12:10) Understanding Revocable and Irrevocable Trusts

(14:06) Options for Paying for Long-Term Care

(23:43) Attend Workshops for Detailed Information

 

 

 

 

 

 

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Our Dementia Care Journey Navigation Service

Our Dementia Care Journey Navigation Service

Our Dementia Care Journey Navigation Service

Key Takeaways | Our Dementia Care Journey Navigation Service

Having a plan in place is crucial when a loved one is diagnosed with dementia.

Proper legal documents, such as a durable power of attorney and advance directive for healthcare, are essential for making decisions and accessing resources.

Families should seek the assistance of an elder care attorney to ensure their legal documents have the necessary powers and protections.

The Dementia Care Navigation service provides a comprehensive plan to help families navigate the challenges of dementia care, including financial planning, legal support, family support, care advocacy, medical support, and assistance with transitions.

Episode Notes:

In this episode, attorney Bill Miller discusses the importance of having a plan in place when a loved one is diagnosed with dementia. He shares several stories that highlight the challenges faced by families who do not have the proper legal documents and strategies in place. 

He introduces the Dementia Care Navigation service offered by his firm, which provides a comprehensive plan to help families navigate the journey of dementia care. The service includes financial planning, legal support, family support, care advocacy, medical support, and assistance with transitions.

Notable Moments:

(00:00) Introduction and Disclaimer

(02:01) Challenges Faced by Families Without a Plan

(09:04) Introducing the Dementia Care Navigation Service

(12:52) Components of the Dementia Care Navigation Service

(19:59) Importance of Early Intervention

(21:27) Conclusion and Call to Action

 

 

 

 

 

 

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