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Trusts can be very useful, but they are not for everyone. Here, commonly asked questions are answered. If you are thinking about opening a trust, already have a trust and have questions, or are simply unsure of what to do about an estate plan, contact our lawyer for trusts in Sarasota to schedule a Free 30-Minute Consultation and get answers to your specific questions.
A Trust is a fiduciary relationship wherein one person or entity, known as the Trustee, has custody and control over certain assets. The custody and control of the assets are given to the trustee by the Settlor/Grantor. The Trustee has the responsibility of managing the assets according to the terms of the Trust and for the benefit of the person, persons, or entity the Trust was created for. The person, persons, or entity benefiting from the Trust is known as the Beneficiary.
There are different types of Trusts designed for various situations, like:
Trusts can be very specific, or they can be broad. People opt for different ones to satisfy different purposes.
Trusts can be used at any age and for a variety of reasons. Some of the most common reasons people will benefit from the use of a Trust include:
If you have inherited a large number of assets, it is a good idea to look at a trust to manage them and keep them safe. It is also beneficial to place your own assets in a Trust to protect your children's inheritance.
If you have a child or other member of your family who has special needs, a Trust is a common way to protect any assets they may have access to. The Trustee will ensure the proceeds of the Trust are used for the special needs family member and not for some other purpose.
The terms of Trusts, unlike Wills, are not made public. Trusts are a good choice if you do not want the details of your financial matters made public.
Benefits of a Trust vary, but can include:
There may be other benefits available to you depending on the circumstances of your situation.
Irrevocable Trusts: Some Trusts are irrevocable, meaning that once created, the Settlor/Grantor is unable to change the terms of or revoke the Trust in its entirety. This loss of control is a huge disadvantage to many. That said, the Trust may still be terminated, but it can be a lengthy process involving all parties to the Trust.
Revocable Trusts: Fortunately, it is possible to create revocable trusts (Trusts that can be changed), but these types of Trusts vary in the purpose that may not reflect the reason you created an irrevocable trust.
Another disadvantage is the amount of paperwork involved in setting up a Trust and the costs associated with creating and managing it.
The ability and process to terminate or modify a Trust may depend upon the terms of the Trust itself. Some make the process easy, and the Settlor/Grantor may retain the ability to terminate or amend the Trust up until the moment of their death. Others are formed in such a way that once they are formed, termination or amendments require a complex process and, in the end, may not be eligible for termination or modification.
A Will is always a good idea. It may seem confusing to need a Will and a Trust, but reasons exist to have both, even though the Will may never be used. Here are two important reasons:
The costs to set up the Trust are minimal, but it depends on the legal services you need and the extent of those services. The more complex the Trust, the likelier the costs will increase. Plus, some estate planning lawyers charge by the hour while other charge a fixed rate. Knowing what's included and excluded in those rates will also inform what the total costs of the Trust are.
Setting up a Trust is a sound strategy whether doing it for financial reasons or ensuring your Beneficiaries have all the resources they will need after you are gone. For simple trusts, you might be able to use do-it-yourself software or online service, but to make sure the process is undertaken so that the Trust cannot be challenged in court, it is always a good idea to have an estate planning Attorney review the Trust and confirm it is executed properly.
For more a Trust with many assets, multiple Beneficiaries, and/or complex instructions, it is always advisable to have an Attorney draft, review, and execute it. The laws can get confusing. Plus, anytime you deal with finances, it's always good to have someone with experience follow up. Also, we can help you:
At Robles Law, P.A., our Trusts Attorney in Florida will help identify what trust works best in your unique circumstances. There are many types of Trusts that can be created to suit your needs, and each has their benefits and disadvantages. We can help you weigh the pros and cons against what your specific needs are. Contact us at (941) 315-2114 to schedule a Free 30-Minute Consultation and learn what type of Trust can complement your estate plan today.
The respiratory system, like many of the other human systems (e.g., cardiovascular, digestive), is a wondrously complex and sophisticated arrangement of organs working together to maintain homeostasis.Contact an Office in Your AreaChronic obstructive pulmonary disease, more commonly referred to as COPD, is a health problem facing adults in the U.S. Because of its progressive nature and increased age as a leading factor, there is a greater prevalence of COPD in seniors. The good news is that many adults can easily reduce their risk of COPD through lifestyle management. COPD represents a group of lung diseases, with the two most common being emphysema and chronic bronchitis.Symptoms of COPD includeConstant coughingWheezingShortness of breathCoughing up mucusTightness in the chestResearch also suggests that there may be a link between poor air quality and COPD. The American Lung Association estimates that between 80-90% of COPD cases result from smoking. Unsurprisingly, secondhand smoke is a significant risk factor as well. Seniors should take the following steps to reduce their risk of COPD:Older adults that smoke should get support from a primary care physician and take steps to quit. There are many programs, services, and products that can help.Seniors should avoid contact with secondhand smoke whenever possible.Reducing exposure to air pollution can help relieve symptoms. Many cities issue poor air quality warnings when these warnings are in effect, seniors should limit outside activities. Seniors should avoid airborne irritants (chemicals, fumes, etc.) in the home.A healthy diet and exercise plan can improve lung function and overall health with direction from a physician.Older adults should understand the impact of aging on their respiratory system and reduce their risk of any related diseases, illnesses, or conditions.Doctors may recommend getting vaccinations for both influenza and pneumococcal pneumonia to guard against further breathing complications.Comfort Keepers Can HelpComfort Keepers elevates the human spirit for todays seniors and their families through a unique, individualized approach to care that helps seniors thrive and achieve greater wellbeing by fostering everyday positive moments, connection, and a more purposeful life no matter their age or acuity. As part of a healthcare team, an in-home caregiver can assist with activities that slow disease progression or reduce the risk for those with respiratory issues. Comfort Keepers caregivers can help by supporting physician-recommended health programs, preparing meals, encouraging prescribed physical activity, reminding seniors to take medications, and providing transportation to scheduled appointments. References:Healthline. Everything You Need to Know About Chronic Obstructive Pulmonary Disease (COPD). Web. 2018.Everyday Health. 5 Best Ways to Prevent COPD by Chris Iliades, MD. Web. 2018.Aging Care. An Overview of COPD by National Institutes of Health. Web. 2017.Unity Point Health. The Top 8 Respiratory Illnesses and Diseases. Web. 2014.American Lung Association. Lung Capacity and Aging. Web. 2017.Centers for Disease Control and Prevention. Chronic Respiratory Disease. Web. 2017.
As seniors age, physical activities can have not only positive physical effects, but positive cognitive effects as well.Contact an Office in Your AreaIn one study, 100 nursing-home residents performed resistance exercises three times a week for 10 weeks. At the end, the exercise group could lift significantly more weight, climb more stairs, and walk faster and farther than their sedentary counterparts.Its been proven time and again that exercise is good for seniors physical and mental health. Regular exercise, even in small amounts, can improve mood, relieve stress and improve health. According to the CDC, four of the five most expensive health conditions older adults face can be prevented or managed with physical activity. But, only about 35% of adults over the age of 65 are physically active. Any senior starting a new exercise plan should consult with their physician. And, it is helpful for family and members of the care team to assist and support physical activity in any way they can. For those that are physically able to begin an exercise program, regular movement can help them live a more vibrant and healthy life. Some of the health benefits include:Improved mental health, mood and outlookPrevention, or improvement of, diseases such as diabetes, obesity, heart disease, and osteoporosisReduced pain from arthritis and minimizing its severityDecreased risk of fallsEach individual has different needs when it comes to exercise and varying health conditions that may need to be taken into consideration before beginning an exercise regimen. A health professional to determine the best approach to physical activity with senior care.There are a variety of ways to incorporate aerobic activity, strength-building exercises, stretching and balance all without leaving the comfort of home! Aerobic exercise Walking in place, dancing or aerobic routines can help get the heart rate up. These activities improve cardiovascular health and help older adults maintain a healthy weight. Strength building exercises there are many easy strength-building exercises that can help seniors build the muscles they need to do everyday activities and prevent muscle loss. And, exercises can be done with household items or using body weight, so no expensive equipment is required. Stretching Stretching before and after exercise can help prevent soreness after exercise. And, the additional benefit is improved flexibility, which is good for older adults physical health. For those looking to improve their flexibility even more, there are exercise routines available online that include yoga or stretching routines specifically for seniors.Balance exercises Balance exercises help seniors prevent falls and improve mobility. Yoga, tai chi, and other low-impact activities can all help improve balance and overall physical health.Those that need a little assistance getting started should not hesitate to reach out to their doctor, family or caregiver. It is never too late to adopt an active lifestyle! Comfort Keepers Can HelpFor seniors that need a little extra help living an active lifestyle, Comfort Keepers caregivers can help with encouragement, support and assistance with physician-prescribed exercise plans. And, caregivers can encourage overall health through meal planning, grocery shopping, meal preparation and activities. Our custom care plans focus on physical and mental health and wellness activities. Our goal is to see that clients have the means to find the joy and happiness in each day, regardless of age or acuity.To learn more about our in-home care services, contact your local Comfort Keepers location today. ReferencesCenters for Disease Control and Prevention. Adults Need More Physical Activity. Web. 2019.Health and Human Services. Facts & Statistics: Physical Activity. Web. 2017.National Council on Aging. Exercise Programs That Promote Senior Fitness. Web.Readers Digest Canada, 5 of the Best Exercises for Seniors to Build Strength, Improve Balance and Boost Heart Health. Web. Harvard Health Publishing. Exercise after age 70. Web. 2007.
More Americans are choosing to age in place. That is, they opt to stay in their homes rather than move to alternative retirement settings.But that often means they must modify their home, so it's not a danger to their safety and health when their physical abilities change.A new career field has risen to address this need: the Certified Aging-in-Place Specialist (CAPS), a program of the National Association of Home Builders. Certified individuals assess homes to identify and recommend modifications to prevent injuries from falls and other risks.According to the Centers for Disease Control (CDC), one-third of Americans age 65 and over fall each year. The CDC adds that environmental factors lead to about half of all falls that occur at home. In addition to tripping hazards and poor lighting, these factors include a lack of needed modifications, such as bathroom grab bars, handicapped showers, stair railings and ramps. The organization offers a checklist to make sure an older adult's home is as safe as possible.Home modifications help seniors maintain quality of life. They often prevent injuries that lead to a loss of independence and early admission to an assisted living or long-term care facility.The following are examples of commonly recommended modifications:Install grab bars for toilets and tubs and install a walk-in tub and/or tub seatRemove unnecessary throw rugs and fasten down rugs or floor runners to prevent slippingMove furniture to create clear walking pathsKeep objects off the floor and coil or secure cords to the wall to prevent trippingReplace doorknobs with lever door handlesApply non-slip tape on uncarpeted indoor and outdoor stepsReplace standard light switches with rocker-style switchesIncrease the width of doorways and hallways to accommodate wheelchairs and, where possible, lower sinks and countertopsMove often-used items to lower cabinets to avoid the need for step stoolsRepair or replace loose handrails and install adequate lighting in stairwaysInstall an elevator or chair liftInstall an elevated dishwasher or one with drawers for easy accessReplace old stoves with induction cooktops to help prevent burnsReplace ceramic tile floors with hardwood or vinyl for safe standingShedding Light on Home ModificationWhen modifying a home for a senior, don't forget the importance of good lighting. Seniors need two to three times as much light in order to see as well as younger people.Good lighting -- in the form of natural light -- provides seniors safety and other advantages:Sunlight provides a good dose of vitamin D, which helps the body absorb more calcium to strengthen teeth and bones. Choose window treatments that let in sunlight, without glare, to enhance the health of seniors, many of who get outside less than they used to.Daylight also improves psychological health. It lessens the energy-zapping effects of Seasonal Affective Disorder (SAD) and other forms of depression.
At Robles Law, P.A., we specialize in bringing the law to your corner. We offer concierge services for housebound seniors or those who are unable to leave the hospital, nursing home or skilled nursing facility. Whether it is applying for Medicaid or Veterans' benefits or planning ahead for Medicaid or Veterans' benefits, Robles Law is here to help. As the Medicaid programs and Veterans' benefits programs change every year, a consultation is required to clearly analyze your individual situation and goals. We will work with you every step of the way to make sure that you understand the choices you are making and feel empowered to make them.
At Robles Law, P.A., we specialize in bringing the law to your corner. We offer concierge services for housebound seniors or those who are unable to leave the hospital, nursing home or skilled nursing facility. Whether it is applying for Medicaid or Veterans' benefits or planning ahead for Medicaid or Veterans' benefits, Robles Law is here to help. As the Medicaid programs and Veterans' benefits programs change every year, a consultation is required to clearly analyze your individual situation and goals. We will work with you every step of the way to make sure that you understand the choices you are making and feel empowered to make them.
At Robles Law, P.A., we specialize in bringing the law to your corner. We offer concierge services for housebound seniors or those who are unable to leave the hospital, nursing home or skilled nursing facility. Whether it is applying for Medicaid or Veterans' benefits or planning ahead for Medicaid or Veterans' benefits, Robles Law is here to help. As the Medicaid programs and Veterans' benefits programs change every year, a consultation is required to clearly analyze your individual situation and goals. We will work with you every step of the way to make sure that you understand the choices you are making and feel empowered to make them.