All About Wills

All About Wills

by | Feb 23, 2024 | Podcast

all about wills

Key Takeaways | All about Wills

A will is a written instruction to the probate court on how to distribute your probate assets.

Not all assets go through probate, so it’s important to understand which assets do go through probate and are covered by a will.

Common provisions in wills include specific distributions, tangible personal property, and the residual estate.

Self-proving wills, which are notarized, are highly recommended to avoid complications during probate.

It is important to understand that all wills are not the same and you need to have your will drafted to meet your specific goals and objectives.

Episode Notes:

In this episode, you’ll learn about wills, their importance in estate planning, and how a will functions as your written instructions to the probate court on distributing your probate assets. Not all assets go through probate. I highlight the need to understand which assets do go through probate and are, therefore, covered by a will. 

We will cover common provisions in wills, such as specific distributions, tangible personal property, and the residual estate.  You will also learn about the role of the executor or personal representative and the importance of having a self-proving will.

Near the end of the episode, I’ll share some of the problems I’ve seen arise when you don’t have a will and why you should have an estate plan that is customized to meet your goals and objectives.

Notable Moments:

(00:00) Introduction and Overview of Estate Planning

(01:30) Understanding Wills

(02:27) Assets and Probate

(04:23) Common Provisions in Wills

(06:20) Residuary of the Estate and Remote Contingent Beneficiary

(07:29) Standby Special Needs Trust

(08:40) Executor or Personal Representative

(09:39) Bond, Inventory, and Accounting

(11:06) No Contest Clause

(12:37) Powers of the Executor

(13:32) Self-Proving Wills

(14:08) Executor’s Fee

(15:17) Probate Process

(17:09) Importance of Having a Will

(18:06) Issues Without a Will

(20:46) Pour Over Will

(22:25) Problems with Simple Wills

(26:43) Importance of Customized Estate Planning

 

 

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bill@millerestateandelderlaw.com

Durable Powers of Attorney and Advance Directives

Durable Powers of Attorney and Advance Directives

by | Feb 13, 2024 | Podcast

durable power of attorney and advanced directives

Key Takeaways | Durable Powers of Attorney and Advance Directives

A durable financial power of attorney is a must-have for estate planning. It lets someone you trust handle your finances if you can’t.

Choose your power of attorney wisely. They need to be responsible and trustworthy.

Look for an enhanced power of attorney with asset protection provisions. It’s worth it.

Advance directives for healthcare are essential. They ensure your medical wishes are followed and someone you trust can make decisions for you.

Don’t forget that HIPAA authorization in your medical power of attorney. It’s key to keeping everything running smoothly.

Episode Notes:

We’re breaking down the basics of durable powers of attorney and advance directives for healthcare in this episode of the podcast. These are crucial parts of estate planning, and understanding them can make a big difference for you and your loved ones.

What’s a durable financial power of attorney? It’s like a safety net. If something happens and you don’t have the capacity to handle your finances, this document lets someone you trust step in and make decisions for you.

Beware: not all powers of attorney are created equal. We’re talking about an “enhanced” durable power of attorney. It’s got extra protections built in, like safeguards for your assets.

Advance directives for health care lay out your wishes for medical care in case you can’t speak for yourself. It includes things like a living will and a medical power of attorney.

That medical power of attorney is critically important because it includes HIPAA authorization. That gives your chosen person the power to talk to your doctors and make decisions about your care.

We’re urging you to think ahead. Make informed choices now so that if a crisis hits, your wishes are clear, and your loved ones aren’t left guessing. It’s all about avoiding disputes and ensuring your peace of mind.

Notable Moments:

00:00 Introduction to Durable Powers of Attorney and Advance Directives

01:50 Importance of Durable Financial Power of Attorney

04:19 Choosing the Right Power of Attorney

05:43 Co-Agents and Backup Power of Attorney

07:16 Springing Power of Attorney

09:01 Standard Power of Attorney vs Enhanced Power of Attorney

11:29 Extra Powers in an Enhanced Power of Attorney

14:11 Importance of Properly Drafted Power of Attorney

17:24 Importance of Power of Attorney for Spouses

19:12 Consequences of Not Having a Power of Attorney

20:39 Introduction to Advance Directives for Healthcare

22:10 Decisions for Permanently Unconscious Patients

23:08 Healthcare Power of Attorney and HIPAA Authorization

25:00 Choosing a Medical Power of Attorney

26:26 Provisions in a Medical Power of Attorney

28:15 Final Considerations for Advance Directives

28:58 Importance of Having Advance Directives

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256-472-1900

bill@millerestateandelderlaw.com

Estate Planning 101

Estate Planning 101

by | Feb 6, 2024 | Podcast

estate planning 101

Key Takeaways | Estate Planning 101

Estate planning is about maintaining control and addressing key questions about what happens if you die, live a long time and need help making decisions, or get dementia.

Everyone should have an estate plan, regardless of the size of their assets.

The consequences of not having an estate plan include family disputes and unwanted distribution of assets.

Episode Notes:

In this episode, you will learn the importance of estate planning and the need for having an estate plan. Estate planning is about maintaining control.

We will answer these three key questions:

  1. What happens if you die?
  2. What happens if you live a long time and need help making legal, financial, or healthcare decisions?
  3. What happens if you get Dementia?

It’s important that everyone have an estate plan, regardless of how much money or assets they have.  I also point out the consequences of not having an estate plan.  Those consequences include increased family disputes and people getting your assets that you do not want to have them.

You will also learn about the three essential documents in estate planning:

  1. A durable financial power of attorney,
  2. An Advanced Directive for Healthcare, and
  3. A Last Will and Testament.

As the episode wraps up, I emphasize the importance of creating an estate plan tailored to achieve your specific goals and objectives.

Notable Moments:

(00:00) Introduction

(00:58) What is Estate Planning?

(02:02) Three Questions of Estate Planning

(04:24) Importance of Having an Estate Plan

(05:45) Consequences of Not Having an Estate Plan

(09:12) The Need for Documents in Estate Planning

(12:09) Three Essential Documents

(20:16) The Role of a Will

(23:47) Summary and Conclusion

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256-472-1900

bill@millerestateandelderlaw.com