A Will or Trust: Which is Best for You?

A Last Will & Testament, commonly referred to as a Will, is a legal document that expresses a person's wishes regarding the distribution of their assets and the management of their affairs after their death. It serves as a written record of how an individual wants their property and belongings to be handled, including who should inherit their assets, who should be appointed as guardians for minor children, and any other specific instructions they may have regarding their final wishes when they are gone.  Many people confuse a Will with a Living Will which is a much different document that takes effect while you are alive!  Here in Florida, it generally covers three conditions and states that if you have: a terminal condition; end stage condition; or if you are in a persistent vegetative state, where in the opinion of two doctors, there is not reasonable medical hope of recovery, that you do not want to be kept alive by machines.  Again, a very different purpose than your Last Will & Testament. The main purposes of a Last Will & Testament are:Asset Distribution: A Will allows individuals to specify how their property, such as real estate, investments, bank accounts, personal belongings, and other assets, should be distributed among their beneficiaries or heirs. Without a Will, the distribution of assets typically follows the laws of intestacy, which may not align with the deceased person's preferences.Guardianship designation: If the deceased person has minor children, a Will can designate a guardian who will be responsible for their care and upbringing. This allows parents to have a say in who will be responsible for their children's well-being if they pass away and not leave it solely up to a judge with no input from them.Personal Representative Appointment: A Will typically appoints what is referred to in Florida as a personal Representative.  Other states call the persona and Executor.  This person is responsible for ensuring that the deceased person's wishes, as outlined in the Will, are carried out. The Personal Representative manages the administrative tasks, such as paying outstanding debts, filing tax returns, and distributing assets according to the instructions provided in the Will.Avoiding potential conflicts: This is a big issue, especially in situations where there is a second or third marriage involved and there are children from a prior relationship.  A well-drafted Will can help minimize conflicts among family members or other potential beneficiaries, as it provides clear instructions on asset distribution and removes ambiguity. To be legally valid in Florida, a Will requires certain formalities, such as being in writing, signed by the testator (the person making the Will) and witnessed by two witnesses.  Also it is best to have the testators signature and the witnesses signatures acknowledged by a Notary Public.  This makes the Will a self-proving Will which avoids the necessity of having to find the witnesses when the testator passes.Will ContestsContesting a Last Will & Testament means challenging its validity or certain provisions within it. There are a number of grounds on which a Will can be contested in Florida. Some of the typical reasons for contesting a Will include: Lack of testamentary capacity: This refers to the testator's mental ability to understand the nature and significance of creating a Will. If it can be demonstrated that the testator lacked the necessary mental capacity at the time of creating the Will, it may be deemed invalid. Factors that can affect testamentary capacity include mental illness, senility, or undue influence.Undue influence: If it can be proven that the testator was coerced, manipulated, or unduly influenced by another person when creating the Will, it may be contested. Undue influence typically involves someone exerting pressure on the testator to make decisions against their own wishes or best interests.  It is often a caregiver who cuts off outsiders from contact with the testator.  It can be a child, a spouse, a home health aid of trusted advisor.Fraud or forgery: If there is evidence to suggest that the Will was forged or that fraud was involved in its creation, it can be contested. This may include situations where someone impersonates the testator, forges their signature, or makes fraudulent changes to the Will.Improper execution: Wills must generally meet certain formalities to be considered valid. If the Will was not properly executed according to the legal requirements of the jurisdiction, such as lack of witnesses or failure to sign the document correctly, it can be contested.  This often occurs when someone tries to use a do it yourself Will kit.  While DIY may be good for home improvement projects, it is best to consult professionals when planning to disburse your hard-earned assets.Mistake or ambiguity: Another problem with DIY Will kits are mistakes or ambiguities in the Will that make it unclear or open to interpretation.  In such cases it may be contested. This can occur when the language used in the Will is vague, contradictory, or inconsistent, leading to disputes among beneficiaries.Revocation or subsequent Will: If a more recent Will is discovered that explicitly revokes or replaces the previous Will, the newer version may be contested based upon all of the grounds discussed above.It's important to note that contesting a Will can be a complex legal process, and the specific grounds for a challenge must be explored thoroughly as a Will contest is expensive and time-consuming as well as very difficult to win.  That is why your best course of action to avoid this for your family is to work with a team of professionals, including your lawyer, investment advisor and accountant, to develop an estate plan that best fits your intentions, and prepares you and your family for when life happens.

Dentists, Diabetes, and You: Effects Diabetes has on Teeth and GumsOCTOBER 25, 2023In the United States, one in ten people have diabetes. However, one in five people with the disease arent aware they have it. This is concerning because managing the condition without a diagnosis can be challenging.While a medical doctor is often the first to see symptoms of diabetes, your dentist is another professional who can spot signs of the condition during your preventive checkups. Diabetes can have a serious impact on your oral health; therefore, its important to properly manage the disease if youre diagnosed.DIABETES IN THE UNITED STATESDiabetes is one of the most common types of chronic disease in America, which is why its important to understand the effect of diabetes on oral health.The Centers for Disease Control and Prevention (CDC) estimates that 37.3 million people living in the U.S. have diabetes, yet only about half are officially diagnosed with the disease.More shockingly, as many as 96 million Americans are prediabetic, meaning they have a higher than normal blood sugar, but its not high enough to be considered diabetic.The number of diabetes diagnoses is expected to dramatically increase in the United States during the next decade. Because of this, keeping track of any changes in your oral or physical health is essential. Untreated diabetes can lead to serious medical complications and even death, so its vital to go to preventive medical and dental appointments where professionals can spot signs of the condition.Although there is no cure for diabetes, it can be managed with lifestyle changes and medications.DIABETES AND ORAL HEALTHDiabetes impacts many parts of the body, including the mouth and teeth. If diabetes is left untreated, patients may experience the following symptoms:Dry mouth due to less saliva productionA higher risk of cavities and tooth decayIncreased risk of developing gum diseaseA higher risk of developing an infection in the gum and bone that hold teeth in placeTooth lossBad breathDuring your bi-annual preventive checkups, your dentist can compare any changes in your oral health that may indicate diabetes. Maintaining good dental health habits and receiving professional deep cleanings from your dentist can also help lower your HbA1c or average blood glucose levels.Its a two-way street! Though dental patients with diabetes are more likely to develop gum disease, dental cleanings help reduce a diabetic patients risk factors for unhealthy glucose levels.REDUCING YOUR RISK OF DIABETESPreventing diabetes, specifically type 2 diabetes, is one of the best ways to care for your oral and physical health. Medical professionals recommend the following to reduce your risk of developing the disease:Eat more plant-based food such as leafy greens, legumes, fruits from trees, and whole grainsSkip trendy diets and focus on maintenanceLose excess weightMove your body for at least 30 minutes a dayIncrease good fats, such as olive oil and nuts, in your dietDENTAL APPOINTMENTS ARE IMPORTANT FOR ORAL AND OVERALL HEALTHVisits with your dentist are important for oral and overall health. Dentist keep your teeth, gums, and mouth healthy and are also on the lookout for changes in your overall health. Small changes in your mouth may not mean much to you, but to  dentists, these changes  can indicate bigger problems such as diabetes, oral cancer, and other medical conditions.For more information about how dental appointments help your overall health, check out this blog.CLINIC AND PROVIDER TIPS, ORAL HEALTH

Lower Your Risk of Oral CancerAPRIL 21, 2021Guest Blog by Dr. Mark Alexander, DMD*In recognition of Oral Cancer Awareness month (April) Id like to recommend two easy ways you can help lower the risk of oral cancer impacting you or your loved ones. My family practice, Alexander Dental Group, has been serving the Twin Falls area for 75 years now and, in that time, Im sorry to say, we have seen oral cancer from minor and easily treated to untreatable with a grave prognosis.  Early diagnosis is critical to say the least! According to the Oral Cancer Foundation, the death rate associated with this cancer is particularly high not because it is hard to discover or diagnose, but due to the cancer being routinely discovered late in its development. So, my first recommendation is that everyone see their dentist regularly (once every 6 months), AND, ask your dentist to perform an Oral Cancer Screening (OCS) with each checkup, if theyre not doing so already.  While the OCS is not perfect (some cancer can be very hard to find with the OCS), this screening is very important in finding potential oral cancer. The screening is painless and only takes about 90 seconds. And while your family doctor should also be examining your mouth, your dentist probably gives you more frequent exams and therefore is more likely to catch oral pathology earlywhich is so important! Second, use sunscreen on your lips. Lip cancer is usually treated surgicallywhich includes removal of the lesion AND healthy tissue surrounding the cancer. Obviously, this can impact your ability to eat and speak and may become a cosmetic deficiency. Lip balm with SPF 15 (SPF 30 is even better) should be applied regularly, especially if you are in the sun. Its not just for chapped lips!These are two relatively easy ways to lower your risk of oral cancer; regular screenings and protective sunscreen. If you have any questions about your oral health, or have concerns about your risk for oral cancer, please talk to your dentist. Were here to help.*Dr. Mark Alexander, DMD, provides a wide range of dental care and services including restorative procedures at his practice, Alexander Dental Group, in Twin Falls. He is also a board member of Delta Dental of Idaho.