Estate Planning – The Law Firm of Myrna Serrano Setty, P.A. https://www.serranosetty.com Estate Planning, Medical Directives, Guardianship, Special Needs Planning Wed, 25 Mar 2020 01:20:23 +0000 en hourly 1 https://wordpress.org/?v=5.4 How much does an estate plan cost? https://www.serranosetty.com/florida/estate-planning-attorney/estate-planning/how-much-does-an-estate-plan-cost/?utm_source=rss&utm_medium=rss&utm_campaign=how-much-does-an-estate-plan-cost Sat, 29 Feb 2020 03:25:55 +0000 https://www.serranosetty.com/?p=2444 There is a lot more than just price that goes into choosing legal documents or the lawyer that will help you.

When you’re comparing our fees to your other options, I encourage you to really understand what you are actually getting for that price. If you use an online form, you might actually cause your family a lot of headache and heartache down the road. So you want to find a lawyer that can draft you excellent legal documents in accordance with the state laws that captures everything that you want to see about how your assets go to your loved ones under what circumstances, who’s in charge.

In my office, we create relationships with my clients instead of just a transaction.

That is because your estate planning should stay up to date with your life and with the law as it changes. So that your documents, so that when it matters most, your documents work. In my office, we analyze our client’s situation and goals and what we need to do to get them there.

We charge a flat fee agreed to in advance. That way there are no surprises. We offer “a la carte” options and packages.

Many times we find that it works best for our clients to offer them packages for their estate planning so that they are covered not just after their death but during their lifetime as well. So when it comes to which estate plan package might be right for you, we help you figure out what’s right for you during our first meeting. On average, our will plan starts at $2,000 and our trust plan start at $4,000. Those prices are not for just one document. It’s a series of documents and strategy that is customized to your specific situation. We design our plans to make things as easy as possible for yourself and your family in the event that you become incapacitated or die.

What if you’re thinking? Oh I just need something simple. I just need one document. OK, maybe you do. We won’t really know what you really need until we meet in person and review your specific situation.

Sit down with me for a Planning Session. It’s a no obligation Planning Session. That way you can go over your situation and what options work best for you so that you can be on tract to make things as easy as possible for yourself and your family in the event that you become incapacitated or die.

Call us at (813) 902-3189 to schedule your Planning Session.

Check out our video about how much an Estate Plan costs.

]]>
How can you protect your finances this year? https://www.serranosetty.com/florida/estate-planning-attorney/money/how-can-you-protect-your-finances-this-year/?utm_source=rss&utm_medium=rss&utm_campaign=5-financial-things-to-review-annually Tue, 28 Jan 2020 17:05:10 +0000 https://www.serranosetty.com/?p=2278

How can you protect your finances this year?

Start with reviewing the following documents at least once this year.

1. Estate Planning Documents 

To help ensure that your property and money ends up where you want it, look over your will, trusts, and other estate planning documents at least once a year to see if there is anything you’d like changed.

For example, you may want to make a change if you’re recently married or divorced, added a new child to the family, received an inheritance, or experienced any number of other major life events. Or you may simply want to make a change because you’ve changed your mind about some part of your estate plan. Review your choices for who would manage your finances and health care if you ever become incapacitated. Are you still satisfied with your choices?

We can update your documents for you, as well as review them to see if adjustments are needed due to any changes in the tax laws. How much does an estate plan cost?

2. Life Insurance Policies 

Things can change quickly in life, and the life insurance coverage that was sufficient to protect your family five or ten years ago may not be enough in your current financial situation. To help ensure that your life insurance coverage keeps pace with changes in your life (marriages, new children, new home, new business, pay increases, etc.), it’s a good idea to review your coverage at least once a year.

3. Beneficiary Designations 

You should review your beneficiary designations annually and when major life events (marriages, births, deaths, etc.) occur. Regardless of the instructions in your will, the beneficiaries you put down on your forms will generally inherit those assets.  Assets that you may have named a beneficiary for include checking and savings accounts, annuities, medical and health savings accounts and life insurance policies.

4. Credit Reports

Not checking your credit report regularly may cost you. Errors that creep into your credit report and that are not caught may result in you being denied credit or paying higher interest rates than necessary or new credit cards or loans. It could also keep you from you from getting a new job, and cost you more for your car insurance.

Check your credit reports for errors at least once a year and before applying for a new loan or job. And while you are looking for errors, also look for signs of potential fraud such as accounts you did not open. You are entitled to a free credit report once every twelve months from each of the three major credit reporting agencies. You can order your free reports online at www.AnnualCreditReport.com or by calling 1-877-322-8228.

5. Social Security Statement 

Even if you are a long time away from retirement, review your Social Security Statement annually. Make sure that your earnings for the prior year have been accurately recorded. That is because your earnings record determines the amount of your monthly Social Security benefit in retirement. If there are any earnings missing from your record, you may receive lower benefits in retirement than you deserve. Review your statement online at www.ssa.gov/myaccount.

Do you want more smart ideas for your finances? Check out this article on bright ideas for your money.

This article is a service of the Law Firm of Myrna Serrano Setty, P.A. We don’t just draft documents. We help you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Planning Session. Call our office today to schedule a Planning Session. Mention this article to learn how to get this $500 session at no charge. 

Call us at (813) 902-3189.

Are you a senior worried about student loans?

]]>
Will These Life Insurance Mistakes Hurt You? https://www.serranosetty.com/florida/estate-planning-attorney/life-insurance-mistakes-that-can-hurt-you/?utm_source=rss&utm_medium=rss&utm_campaign=5-life-insurance-mistakes-that-can-hurt-your-family Tue, 21 Jan 2020 18:25:08 +0000 https://www.serranosetty.com/?p=2022 Life insurance is an important part of estate planning and taking care of the people you love after you pass away. Here are some common mistakes that you should avoid.

1. Not naming a beneficiary

Too many people forget to name a beneficiary or backup beneficiaries. Those mistakes can result in your life insurance proceeds having to go through the probate court process. That can tie up your money for months and even open up the life insurance proceeds to your creditors. And that can wipe out your funds.

2. Naming an individual as beneficiary to take care of that money for someone else

You might be tempted to list someone you know and trust as beneficiary of your life insurance, with the understanding that he or she would use that money to take care of another person that you have in mind. This could result in a number of problems. For example, you list your sister as beneficiary of your life insurance so that she can take care of your daughter.

3. Not keeping your beneficiaries up to date

Too many people forget to update their beneficiary designations.  You should review your beneficiary designations at least once a year so that you can make sure you update them upon events like divorce, deaths, and births.

4. Naming a minor as beneficiary

We see this ALOT. And it can result in expensive and time consuming complications for your family. That is because in Florida, minor children can’t directly inherit assets over $15,000. If a minor is listed as the beneficiary, the proceeds of your insurance will be distributed to a court-appointed custodian (guardian of the property), who will be in charge of managing the funds (often for a fee) until the age of majority, at which point all benefits are distributed to the beneficiary outright.

Instead of naming a minor as beneficiary, consider setting up a trust to receive the insurance proceeds, and name a trustee to hold and distribute the funds to a minor child you would want to benefit from your insurance proceeds. By doing so, you get to choose not only who would manage your child’s money, but also how and when the funds are distributed and used.

5. Naming an individual with special needs as beneficiary

If a loved one has special needs, chances are you want to help provide for a lifetime of care and protection. But if you leave the money directly to someone with special needs, it could disqualify that individual from receiving much-needed government benefits. Consider creating a “special needs trust” to receive the insurance proceeds. That way the money won’t go directly to the beneficiary upon your death, but it would be managed by the trustee you name and dispersed according to the trust’s terms, without affecting benefit eligibility.

You owe it to your loved ones to get this right.

Naming life insurance beneficiaries might seem pretty straight forward. But if you mess this up, you can create pretty big problems for the people you love.  But don’t worry, we can support you in planning for the people you love, whether it’s through life insurance or other tools such as wills or trusts.  Schedule an estate Planning Session to get started.

Call us at (813) 902-3189.

]]>
How can you use estate planning to take care of your pet? https://www.serranosetty.com/tampa/estate-planning-attorney/pets/how-can-you-use-estate-planning-to-take-care-of-your-pet/?utm_source=rss&utm_medium=rss&utm_campaign=how-can-you-use-estate-planning-for-your-pet Tue, 27 Aug 2019 20:07:49 +0000 https://www.serranosetty.com/?p=1582 If you have a pet, he or she probably feels like part of your family.  So it makes sense to take care of your pet if you become incapacitated or pass away. Because if you don’t make any plans, your beloved companion could end up in an animal shelter or worse.

The law looks at pets as personal property. So you can’t just name your pet as a beneficiary of your will or trust without some careful planning.

Be careful with your Will.

Since you can’t name your pet as a beneficiary, you might consider leaving your pet and money for its care in your will to a trusted person who would be your pet’s new caregiver. But your pet’s new caregiver would not be legally required use the funds properly. In fact, your pet’s new owner could legally keep all of the money for themselves and drop off your beloved friend at the local shelter.

You’d like to think that you could trust someone to take care of your pet if you leave him or her money in your will to do so. But it’s impossible to predict what circumstances might arise in the future that could make adopting your pet impossible.

Also, a will has to go through the court process known as probate, which can last for months. That can leave your pet in limbo for a while.  And remember that a will only goes into effect upon your death, so if you’re incapacitated by accident or illness, it would do nothing to protect your companion.

Consider a pet trust.

A pet trust in a revocable living trust in order to be completely confident that your pet is properly taken care of and the money you leave for its care is used exactly as intended.

This way, you can lay out detailed, legally binding rules for how your pet’s chosen caregiver can use the funds in the trust. And unlike a will, a pet trust does not go through probate. So it goes into effect immediately and works in cases of both your incapacity and death.

Also, a  pet trust allows you to name a trustee. That trustee is legally required to manage the trust’s funds and carry out your wishes. And to provide a system of checks and balances to ensure your pet’s care, you might want to name someone other than the person you name as caregiver as trustee.

Do right by your pet.

With Myrna’s guidance and support, you’ll have peace of mind knowing that your beloved pet will receive the kind of love and care it deserves when you’re no longer around to offer it. Contact us today to get started.

Call us at (813) 902-3189.

]]>
How Will The Coming Wealth Transfer Affect Your Family? https://www.serranosetty.com/tampa/estate-planning-attorney/beneficiaries/how-will-the-coming-wealth-transfer-affect-your-family/?utm_source=rss&utm_medium=rss&utm_campaign=how-will-the-coming-wealth-transfer-affect-your-family Mon, 19 Aug 2019 14:03:40 +0000 http://www.tampaestateplan.com/?p=1559 Whether it’s called “The Great Wealth Transfer,” “The Silver Tsunami,” or some other catchy-sounding name, it’s a fact that a tremendous amount of wealth will pass from aging Baby Boomers to younger generations in the next few decades. In fact, it’s said to be the largest transfer of inter-generational wealth in history.

Because no one knows exactly how long Boomers will live or how much money they’ll spend before they pass on, it’s impossible to accurately predict just how much wealth will be transferred. But studies suggest it’s somewhere between $30 and $50 trillion. Yes, that’s “trillion” with a “T.”

A blessing or a curse?

And while most are talking about the benefits this asset transfer might have for younger generations and the economy, few are talking about its potential negative ramifications. Yet there’s plenty of evidence suggesting that many people, especially younger generations, are woefully unprepared to handle such an inheritance.

An Ohio State University study found that one third of people who received an inheritance had a negative savings within two years of getting the money. Another study by The Williams Group found that inter-generational wealth transfers often become a source of tension and dispute among family members, and 70% of such transfers fail by the time they reach the second generation.

Whether you will be inheriting or passing on this wealth, it’s crucial to have a plan in place to reduce the potentially calamitous effects such transfers can lead to. Without proper estate planning, the money and other assets that get passed on can easily become more of a curse than a blessing.

Get proactive

There are several proactive measures you can take to help stave off the risks posed by the big wealth transfer. Beyond having a comprehensive estate plan, openly discussing your values and legacy with your loved ones can be a key way to ensure your planning strategies work exactly as you intended. Here’s what we suggest:

Create a plan

If you haven’t created your estate plan yet—and far too many people haven’t—it’s essential that you put a plan in place as soon as possible. It doesn’t matter how young you are or if you have a family yet, all adults over 18 should have some basic planning vehicles in place.

From there, be sure to regularly update your plan on an annual basis and immediately after major life events like marriage, births, deaths, inheritances, and divorce. We maintain a relationship with our clients long after your initial planning documents are signed, and our built-in systems and processes will ensure your plan is regularly reviewed and updated throughout your lifetime.

Discuss wealth with your family early and often

Don’t put off talking about wealth with your family until you’re in retirement or nearing death. Clearly communicate with your children and grandchildren what wealth means to you and how you’d like them to use the assets they inherit when you pass away.

When discussing wealth with your family members, focus on the values you want to instill, rather than what and how much they can expect to inherit. Let them know what values are most important to you, and try to mirror those values in your family life as much as possible. Whether it’s saving money, charitable giving, or community service, having your kids live your values while growing up is often the best way to ensure they carry them on once you’re gone.

Communicate your wealth’s purpose

Outside of clearly communicating your values, you should also discuss the specific purpose(s) you want your wealth to serve in your loved ones’ lives. You worked hard to build your family wealth, so you’ve more than earned the right to stipulate how it gets used and managed when you’re gone. Though you can create specific terms and conditions for your wealth’s future use in planning vehicles like a living trust, don’t make your loved ones wait until you’re dead to learn exactly what you want their inheritance used for.

If you want your wealth to be used to fund your children’s college education, provide the down payment on their first home, or invested for their retirement, tell them so. By discussing such things while you’re still around, you can ensure your loved ones know exactly why you made the planning decisions you did.

 Secure your wealth, your legacy, and your family’s future

Regardless of how much or how little wealth you plan to pass on—or stand to inherit—it’s vital that you take steps to make sure that wealth is protected and put to the best use possible.

Call our office today at (813) 902-3189 to schedule a  Planning Session and mention this article to find out how to get this $500 session at no charge.
]]>
Part 2: The real cost of not planning https://www.serranosetty.com/florida/estate-planning-attorney/1536/dangers/part-2-the-real-cost-of-not-planning/?utm_source=rss&utm_medium=rss&utm_campaign=part-2-the-real-cost-of-not-planning Wed, 07 Aug 2019 20:56:55 +0000 http://www.tampaestateplan.com/?p=1536 This article is part of a series discussing the true costs and consequences of failed estate planning. The series highlights a few of the most common—and costly—planning mistakes we encounter with clients. If the series exposes any potential gaps or weak spots in your plan, meet with us to learn how to do the right thing for the people you love.

If you’re like most people, you probably view estate planning as a burdensome necessity—just one more thing to check off of life’s endless “to-do” list.

You may shop around and find a lawyer to create planning documents for you, or you might try creating your own DIY plan using online documents. Then, you’ll put those documents into a drawer, mentally check estate planning off your to-do list, and forget about them.

The problem is, your estate plan is not a one-and-done type of deal.

In fact, if it’s not regularly updated when your assets, family situation, and/or the laws change,  your plan will be totally worthless when your family needs it.  Moreover, the failure to regularly update your plan can create its own unique set of problems that can leave your family worse off than if you’d never created a plan at all.

The following true story illustrates the consequences of not updating your plan, and it happened to the founder and CEO of New Law Business Model, Alexis Neely. Indeed, this experience was one of the leading catalysts for her to create the new, family-centered model of estate planning we use with all of our clients.

A common practice that hurt her family…. 

When Alexis was in law school, her father-in-law died. He’d done his estate planning—or at least thought he had. He paid a Florida law firm roughly $3000 to prepare an estate plan for him, so his family wouldn’t be stuck dealing with the hassles and expense of probate court or drawn into needless conflict with his ex-wife.

And yet, after his death, that’s exactly what did happen. His family was forced to go to court in order to claim assets that were supposed to pass directly to them. And on top of that, they had to deal with his ex-wife and her attorneys in the process.

Alexis couldn’t understand it. If her father-in-law paid $3,000 for an estate plan, why were his loved ones dealing with the court and his ex-wife? It turned out that not only had his planning documents not been updated, but his assets were not even properly titled.

Alexis’ father-in-law had created a trust so that when he died, his assets would pass directly to his family and they wouldn’t have to endure probate, but some of his assets had never been transferred into the name of his trust from the beginning. And since there was no updated inventory of his assets, there was no way for his family to even confirm everything he had when he died. To this day, one of his accounts is still stuck in the Florida Department of Unclaimed Property.

Alexis thought for sure this must be malpractice. But after working for one of the best law firms in the country and interviewing other top estate-planning lawyers across the country, she confirmed what happened to her father-in-law wasn’t malpractice at all. In fact, it was common practice.

When Alexis started her own law firm, she did so with the intention and commitment that she would ensure her clients’ plans would work when their families needed it and create a service model built around that.

Keep your plan updated!

We hear similar stories from our clients all the time. Indeed, outside of not creating any estate plan at all, one of the most common planning mistakes we encounter is when we get called by the loved ones of someone who has become incapacitated or died with a plan that no longer works. By the time they contact us, however, it’s too late.

We recommend you review your plan annually to make sure it’s up to date, and immediately amend your plan following events like divorce, deaths, births, and inheritances. We have built-in systems and processes to ensure your plan is regularly reviewed and updated, so you don’t need to worry about whether you’ve overlooked anything important as your life changes, the law changes, and your assets change.

You should also create (and regularly update) an inventory of all your assets, including digital assets like cryptocurrency, photos, videos, and social media accounts. This way, your family will know what you have and how to find it when something happens to you, and nothing you’ve worked so hard for will be lost to our state’s Department of Unclaimed Property.

We’ll not only help you create a comprehensive asset inventory, we help you update date it throughout your lifetime.

Properly title your trust assets

When you create a trust, it’s not enough to list the assets you want it to cover. You have to transfer the legal title of certain assets—real estate, bank accounts, securities, brokerage accounts—to the trust, known as “funding” the trust, in order for them to be disbursed properly.

While most lawyers will create a trust for you, few will ensure your assets are properly funded. We’ll not only make sure your assets are properly titled when you initially create your trust, we’ll also ensure that any new assets you acquire over the course of your life are inventoried and properly funded to your trust.

This will keep your assets from being lost, as well as prevent your family from being inadvertently forced into court because your plan was never fully completed.

 Keep your family out of court and out of conflict.

As your Personal Family Lawyer®, our planning services go far beyond simply creating documents and then never seeing you again. Indeed, we’ll develop a relationship with your family that lasts not only for your lifetime, but for the lifetime of your children and their children, if that’s your wish.

We’ll support you in not only creating a plan that keeps you family out of court and out of conflict in the event of your death or incapacity, but we’ll ensure your plan is regularly updated to make certain that it works and is there for your family when you cannot be. Contact us today to get started with a  Planning Session.

This article is a service of attorney Myrna Serrano Setty. Myrna doesn’t just draft documents.  She ensures you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a  Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love.

Call today to schedule a  Planning Session and learn how to get this $500 session at no charge.

]]>
When a Will Isn’t Enough to Avoid Conflict: Remember Your Personal Property https://www.serranosetty.com/florida/estate-planning-attorney/personal-property-conflict/?utm_source=rss&utm_medium=rss&utm_campaign=when-a-will-isnt-enough-to-avoid-conflict-remember-your-personal-property Tue, 21 May 2019 19:47:12 +0000 http://www.tampaestateplan.com/?p=1396 “When the parents are gone, there’s all kinds of unforeseen stuff they leave us with, stuff they never intended.” – Ira Glass, in This American Life, Episode 763: “Left Behind”

If you grew up with siblings, you probably remember some sibling rivalry. That rivalry can continue well into adulthood, especially after the parents are gone. In many families, parents are like the glue that keeps the family together. Once their gone, old issues can resurface, especially when it comes to dividing the parents’ personal property.  That’s why it’s important to have a plan for how you want your personal, sentimental property distributed to the people that you love. If you don’t, that can make an already tough situation so much worse.

This American Life, a popular podcast, recently featured a family with such a story. Eleven adult siblings needed to divide their dead parents’ stuff. But they didn’t all get along. Although their parents (who were both attorneys) had wills, they didn’t list in their will which child would get which items. They left all that to the kids, saying simply, everyone should get an equal amount. So the siblings invented a remarkably elaborate cheat-proof system to divide up the remains of their childhood. In the end, it was a system that played off the siblings’ natural suspicions towards each other and did nothing to bring them closer together after losing their parents.

Here’s a quote from the narrator:

“What they have left to them is just these things, right? And this mandate– to get along well enough one last time to split it up amongst themselves. And they don’t want to screw it up. They want to honor their parents’ last request. But they know it’s going to be tough for them, given how they are sometimes with each other.”

This is an example of incomplete planning that can lead to conflict after you’re gone. If the parents in this story had left a personal property memorandum that referred back to their Wills, that could have reduced the strain on their children, especially the estate’s executor. It would have also saved a lot of time and conflict….and their relationships with each other.

You can listen to this story (16 minute run time) here.

Or you can read the transcript here. 

 

This article is a service of the Law Firm of Myrna Serrano Setty, P.A. We don’t just draft documents, we help you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Planning Session, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. Call our office today to schedule a Planning Session. Mention this article to learn how to get this $500 session at no charge. 

Call us at (813) 902-3189.

Check out another blog post about embracing the emotional side of estate planning. Here

]]>
Update: Aretha Franklin’s Estate. 3 Handwritten Wills Found https://www.serranosetty.com/florida/estate-planning-attorney/celebrities/update-aretha-franklins-estate/?utm_source=rss&utm_medium=rss&utm_campaign=update-aretha-franklins-estate Tue, 21 May 2019 19:38:15 +0000 http://www.tampaestateplan.com/?p=1417 In August 2018, music legend, Aretha Franklin, died of pancreatic cancer. At her death, her estate was worth over $80 million and it appeared that she died without a will or trust.  (We wrote about this in this article here.)

Recently, we learned that three handwritten wills were found in her home. The latest one is dated March 2014 and it was found inside a spiral notebook, under cushions. The document appears to give the famous singer’s assets to family members. However, the writing is difficult to decipher and there are words scratched out and notes scribbled in the margins.

It is unclear if this is a valid will under Michigan law.  A court hearing is scheduled next month to determine the validity of that document.

Even if the Court determines that the will is valid, there’s still the issue of federal taxes. The Internal Revenue Service is auditing many years of Franklin’s tax returns, according to the estate. It filed a claim in December for more than $6 million in taxes.

Ms. Franklin’s family remains hopeful that wise choices can be made on behalf of her rich legacy, her family and her estate.  Sadly, we may never know what her wishes were.

This article is a service of the Law Firm of Myrna Serrano Setty, P.A. We don’t just draft documents, we help you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Planning Session, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. Call our office today to schedule a Planning Session. Mention this article to learn how to get this $500 session at no charge. 

Call us at (813) 902-3189.

]]>
Part 1: How do you choose life insurance beneficiaries? https://www.serranosetty.com/tampa/estate-planning-attorney/beneficiaries/part-one-how-do-you-choose-life-insurance-beneficiaries/?utm_source=rss&utm_medium=rss&utm_campaign=part-one-how-do-you-choose-life-insurance-beneficiaries Fri, 05 Apr 2019 18:41:27 +0000 http://www.tampaestateplan.com/?p=1268 Part 1: How do you choosing life insurance beneficiaries?

Choosing a beneficiary for your life insurance policy isn’t as easy as you might think. That’s because  naming someone as your life insurance beneficiary really has nothing to do with you. Why? Because you should consider how that money will affect your beneficiary’s life once you’re gone. If you’re not careful, you might create problems for your loved ones.

Here are a few important questions you should ask yourself when choosing your life insurance beneficiary:

1. What are your goals? 

Ask yourself: what do you ultimately intend to accomplish with your life insurance?  For example, are you trying to replace income for your spouse and kids? Are you just trying to cover your funeral costs?

The real reason you’re investing in life insurance is something only you can answer. And that answer will put you in a better position to choose your beneficiary.

2. What are your beneficiary options?

Your primary beneficiary is your first choice. If you don’t name a beneficiary, then your life insurance goes to your estate. That means that your life insurance will end up in Probate. Your insurance company will ask you to name your top choice to get the money after your death. This is the primary beneficiary. Probate can tie up your life insurance in court for months or even years.

You should also name a backup beneficiary (a/k/a your alternate or contingent beneficiary)

For example, you can name multiple primary beneficiaries, like your children, and have the proceeds divided among them in whatever way you wish. Also, the beneficiary doesn’t necessarily have to be a person. You can name a charity, nonprofit, or business as the primary (or contingent) beneficiary.

When choosing your beneficiaries, you should ultimately base your decision on which person(s) or organization(s) you think would most benefit from the money. In general, you can designate one or more of the following examples as beneficiaries:

  • One person
  • Two or more people (you decide how money is split among them)
  • A trust you’ve created
  • Your estate
  • A charity, nonprofit, or business

3. Do you have minor children?

If you name a minor child as a primary or contingent beneficiary (and he or she ends up receiving the policy proceeds), a legal guardian must be appointed to manage the funds until the child comes of age. This can lead to numerous complications, so you should definitely consult with an experienced estate planning attorney if you’re considering this option.

Check out Part Two in this series discussing the remaining three questions to consider when naming beneficiaries for your life insurance policy.

Call us at (813) 902-3189 to book your Estate Planning Session.

]]>
Can An Adult Child Be Liable for a Parent’s Nursing Home Bill? https://www.serranosetty.com/florida/estate-planning-attorney/1215/elder-law/can-an-adult-child-be-liable-for-a-parents-nursing-home-bill/?utm_source=rss&utm_medium=rss&utm_campaign=can-an-adult-child-be-liable-for-a-parents-nursing-home-bill Thu, 07 Mar 2019 22:42:45 +0000 http://www.tampaestateplan.com/?p=1215 Although a nursing home cannot require a child to be personally liable for their parent’s nursing home bill, there are circumstances in which children can end up having to pay.

This is a major reason why it is important to read any admission agreements carefully before signing.

Federal regulations prevent a nursing home from requiring a third party to be personally liable as a condition of admission. However, children of nursing home residents often sign the nursing home admission agreement as the “responsible party.” This is a confusing term and it isn’t always clear from the contract what it means.

Typically, the responsible party is agreeing to do everything in his or her power to make sure that the resident pays the nursing home from the resident’s funds.

If the resident runs out of funds, the responsible party may be required to apply for Medicaid on the resident’s behalf. If the responsible party doesn’t follow through on applying for Medicaid or provide the state with all the information needed to determine Medicaid eligibility, the nursing home may sue the responsible party for breach of contract. In addition, if a responsible party misuses a resident’s funds instead of paying the resident’s bill, the nursing home may also sue the responsible party. In both these circumstances, the responsible party may end up having to pay the nursing home out of his or her own funds.

In a case in New York, a son signed an admission agreement for his mother as the responsible party. After the mother died, the nursing home sued the son for breach of contract, arguing that he failed to apply for Medicaid or use his mother’s money to pay the nursing home and that he fraudulently transferred her money to himself. The court ruled that the son could be liable for breach of contract even though the admission agreement did not require the son to use his own funds to pay the nursing home. (Jewish Home Lifecare v. Ast, N.Y. Sup. Ct., New York Cty., No. 161001/14, July 17,2015).

Although it is against the law to require a child to sign an admission agreement as the person who guarantees payment, it is important to read the contract carefully because some nursing homes still have language in their contracts that violates the regulations. If possible, consult with your attorney before signing an admission agreement.

Another way children may be liable for a nursing home bill is through filial responsibility laws.

These laws obligate adult children to provide necessities like food, clothing, housing, and medical attention for their indigent parents. Filial responsibility laws have been rarely enforced, but as it has become more difficult to qualify for Medicaid, states are more likely to use them. Pennsylvania is one state that has used filial responsibility laws aggressively.

We recommend that your Health Care Directives explicitly lay down a financial liability shield for your agents.

This one provision can save great grief and money.

This article is a service of the Law Firm of Myrna Serrano Setty, P.A. We don’t just draft documents, we help you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Planning Session, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. Call our office today to schedule a Planning Session. Mention this article to learn how to get this $500 session at no charge. 

Call us at (813) 902-3189.

]]>