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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.
Many married couples share almost everything, including finances. This may be reflected in their estate plan by using one joint living trust instead of two separate trusts. Separate trusts can provide greater flexibility, but a joint trust can be structured so that when one spouse passes away, the trust is split into two sub-trusts: a survivors trust and a decedents trust. This arrangement provides the surviving spouse with the same versatility that separate trusts offer. The surviving spouse has full control over their survivors trust, but may have limited control over the deceased spouses accounts and property that make up the decedents trust. Decedents Trust and a Survivors Trust A survivors trust is a middle ground between a joint trust and separate trusts. If a couple chooses to combine their assets (accounts and property) into a joint revocable living trust, both spouses will usually be named as trustees and beneficiaries. The joint trust can further stipulate that when one spouse passes away, the trust divides into subtrusts. One of those subtrusts can be a survivors trust. A second subtrust, the decedents trust, will also be created to hold and manage assets owned by the decedent. How a Survivors Trust Works A typical joint trust arrangement lists four types of property, depending on the state in which you live: Joint assets Community property First spouses separate property Second spouses separate property When the first spouse dies, the survivors trust receives one-half of the community property, one-half of the joint property, and all property identified as the separate property of the surviving spouse. The deceased spouses half of the community property and joint property, along with their separate property, may be funded into the decedents trust with its own set of instructions. The trust agreement could also state that all of the deceased spouses property will go into the survivors trust instead of going into a separate subtrust. Reasons to Have a Survivors Trust Regardless of exactly how the joint trust assets are allocated, a crucial distinction is that a survivors trust is revocable, while the decedents sub-trust is irrevocable. This means that the surviving spouse retains full control over the survivors trust. They can alter the terms of the trust however they want. For example, they can add and remove assets, change beneficiaries, appoint new trustees, or terminate the trust. The surviving spouse can also completely change the terms of the survivors trust in its entirety. While the surviving spouse may be the beneficiary of the decedents trust, the surviving spouse will likely have less control over the management of assets in the decedents trust. This allows the deceased spouse to put protective measures in place while they are alive to make sure that their assets are managed the way they want and that someone cannot change the rules after they pass away. This can be helpful for clients who are worried about their spouse remarrying after their death and to ensure that assets that remain at the surviving spouses death go to a predetermined person. The purpose of any trust is to take care of loved ones and protect assets from costly probate and taxes. To discuss an estate plan that meets your goals, please schedule your appointment with our Estate Planning attorneys - 724-375-4005.
It takes more than prescription medication to lower or control blood pressure, although they play a vital role in treatment. Other dietary and lifestyle changes can be instrumental in maintaining a healthy blood pressure. Before your doctor increases your medication dosage or adds another prescription to your treatment, he might recommend other changes in your eating habits or lifestyle, such as limiting sugar and alcohol, increasing exercise, and getting better sleep.All of these and more can help set you up for success for lowering blood pressure, especially as you age. High blood pressure, also known as hypertension, often has no recognizable symptoms but is a major risk factor for heart disease and stroke.Most healthy adults should aim for a blood pressure reading below 120/80 mm Hg. Your blood pressure is considered high at 130/80 or above. Anything in between these ranges is considered elevated blood pressure and means you are at risk for developing high blood pressure. But this isnt inevitable.Here are 9 effective methods to lower your blood pressure.1. Get Adequate ExerciseExercise is a key ingredient for lowering blood pressure and can help you manage it long term. According to research, both aerobic and resistance training positively affect blood pressure and can even lower it for up to 24 hours after exercising.The key is to get regular exercise, meaning that its part of your daily routine. Its about regularly increasing your heart rate and breathing so that over time your heart is strengthened. A stronger heart pumps with less effort, putting less pressure on your arteries. This means lower blood pressure.So how much exercise is required to affect cardiovascular health? You should aim for 30 minutes per day, five days per week. Thats 150 minutes of moderate-intensity exercise weekly. Moderate intensity exercise is defined by your heart rate during a work out. Anything below this range is too low to benefit cardiovascular health and anything above it is unnecessary. If you are exercising for health, these are the target heart rate ranges.Age (years)Target Heart Rate Range (beats/min)5085-1195583-1166080-1126578-109Other than intentional exercise, you can also increase activity by doing the following:Using the stairsWalking instead of drivingWorking around the houseGardeningBike ridingPlaying a sportBut be sure to clear any new exercise routine with your doctor to be sure you are healthy enough for moderate-intensity workouts.2. Manage Your WeightExtra body weight strains your heart and cardiovascular system, because it makes them work harder. This creates more pressure inside your arteries and can raise blood pressure. If youre overweight with a body mass index (BMI) over 25, it can help to lose 5-10 pounds. Losing weight may lower your blood pressure and your risk for other health problems.There are three major components to lowering BMI:Be more physically activeEat lessEat a healthy diet3. Eat Less Sugar and Refined CarbsCutting back on sugar and refined carbs can help you lose weight while lowering blood pressure. One study found that people who are overweight or obese who followed a low carb and low fat diet dropped their diastolic blood pressure (bottom number) by about 5 points and their systolic pressure (top number) by about 3 points after just six months.You can start by replacing some of the refined carbs with more whole grain varieties and foods that are less processed. Be sure to read labels and notice the sugar content in common foods you eat. Its often best to eat fewer prepackaged foods as these often contain more simple carbs and sugars.Instead, snack on produce and include more lean protein in your diet.4. Eat More Potassium and Less SaltEating a diet high in salt can increase your risk for high blood pressure. But if you eat more potassium and cut back on salt, you can lower your blood pressure. Science hasnt determined why salt impacts blood pressure, but its believed to have something to do with water retention and inflammation in blood vessels could be factors.Potassium helps your body eradicate salt and even relieves some of the pressure in your blood vessels. Think of it as a counterbalance to salt and its effects. Cutting back on salt and adding more potassium to your diet can notably lower blood pressure over time.High potassium foods to incorporate into your diet:Dried fruit (apricots, prunes)Milk and yogurtLentils and kidney beansVegetables like tomatoes, potatoes, and spinachFruit like watermelon and bananasIf you have kidney disease, talk with your doctor before increasing potassium in your diet, as it could be harmful.5. Manage StressManaging stress benefits your overall health and positively affects your blood pressure. Stress has a direct impact on your body and its systems. Its important that you learn to recognize the symptoms of stress and its triggers. Its best to eliminate sources of stress when possible. But much of what causes your stress probably cant be set aside. In this case, youll need to learn to manage stress in a healthy way.Consider some of these methods and determine what works best for you:Taking a walk (or getting exercise)Reading a bookPracticing deep breathingListening to musicMeditation or prayerThese are ways you can decompress from daily stress and set your mind elsewhere. This type of relief can relax your body and keep your blood pressure from rising. Chronic stress, especially when poorly managed, keeps your body in an anxious state with an elevated heart rate and increased blood pressure.6. Get Plenty of Quality SleepWhen youre sleep deprived youre at greater risk for high blood pressure. Blood pressure often lowers a bit while sleeping, giving your system a rest. But if you havent slept well or enough, your body doesnt get this needed break. And without it, pressure continues to build. If you do this night after night, it can have long-term effects on your blood pressure.Here are some tips for getting better sleep:Keep a regular sleep scheduleExercise (but not too close to bed time)Leave devices outside your bedroomSleep in a cool, dark roomAvoid caffeine and alcohol too close to bedtime7. Limit Processed FoodsA strict definition of processed foods is any food that has been changed from its natural state. Technically, just cutting and washing a food is a change to its natural state, and so not all processed food is bad. But often, when this phrase is used, its referring to overly processed foods that make them less healthy. This type of processed, pre-packaged food often includes additives like preservatives, sugars, fats, and not-so-natural ingredients.Bad processed foods include ingredients you dont want that can also increase blood pressure and negatively affect your health. They often contain higher levels of sodium, sugar, saturated fat, and inflammatory chemical ingredients.Common examples include:Processed meats (lunch meats, sausage, ham, etc.)Fried foods or fast foodProcessed snacks (chips, crackers, cookies, etc.)And be careful about foods labeled low fat since they often include more sugar or salt to compensate for the lower fat content. They may be lower in fat but arent necessarily healthy overall.8. Try SupplementsYou can try supplements to help manage blood pressure. Some widely used options include:Omega-3 fatty acids or fish oilWhey proteinPotassiumMagnesiumWhile you may see some benefits from supplement use, there is not enough scientific evidence to verify that most of them can decrease blood pressure.Be sure to check with your doctor before using any supplement as some conditions and medications might cause complications.9. Limit AlcoholAccording to research, your heart rate can increase for up to 24 hours after drinking just an ounce of alcohol. It appears that blood pressure drops for the first 12 hours but then increases. The average alcoholic beverage contains about half an ounce of alcohol.And dont be fooled by red wine. While the idea that its heart healthy has been widely spread, the America Heart Association warns that too much can be harmful. Instead, limit your alcohol consumption, even red wine, to two standard drinks per day for men and one drink per day for women, if you drink at all.One drink or serving of alcohol is considered to be:One 12-ounce beer4 ounces of wine1.5 ounces of 80-proof spirits1 ounce of 100-proof spiritsConsidering general health and common medication interactions, it may be best to skip the alcohol completely.Blood Pressure Management Is KeyManaging your blood pressure as you age is a critical component of aging well. While you can try supplements and take medications when needed, these alone wont necessarily prevent high blood pressure. If you want to prevent additional or stronger medications, or hope to avoid prescriptions altogether, then be sure to get daily exercise, sleep well, manage stress, and limit salt and sugars. Your diet and lifestyle are keys to lower blood pressure.TYE Medical offers premium incontinence products in a variety of sizes and absorbency levels. 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Breast cancer is the most common type of cancer among women in the U.S. besides skin cancers. Each year, about 30% of new cancer diagnoses in women are breast cancer. No one wants to hear the word cancer or spend time researching their diagnosis online. Cancer of any type is a scary thing.But there isnt just one type of breast cancer. It can develop in different types of breast tissue and spread throughout the breast and beyond. Like other cancers, your diagnosis is labeled with a stage of cancer, usually levels one through four, with four being most severe. Regular breast cancer screenings allow your doctor to catch a tumor in its earliest stage, increasing your chances for successful treatment.This guide provides information on breast cancer from early symptoms to types of treatment to help you feel more prepared and informed as you take on this battle against cancer.What Is Breast Cancer?This might seem like a very basic question, but there is more to it than you think. Breast cancer means there is a malignant tumor somewhere in your breast, and the details will determine the type and severity of cancer.A malignant tumor means that cells have clustered together, forming a mass that grows out of control. These can move or metastasize to surrounding tissues or other body parts. Breast cancer can form in any of your three breast tissues, which are:Lobules (milk-producing glands)Ducts (what milk travels through)Connective tissue (surrounds lobules and ducts)Cancer most often begins in the lobules or ducts but can start in the surrounding connective tissue. Its categorized as either invasive or noninvasive. Invasive breast cancer spreads or invades other tissues, while the noninvasive type remains in the breast lobule or duct.Symptoms and Signs of Breast CancerWhen you notice any of these symptoms, make an appointment with your doctor as soon as possible:A lump in or near your breast or armpit areaWarm or tender breastA hard or swollen area in your breastUnexplained changes in the texture, size, color, or shape of your breast or nippleSkin dimples or enlarged pores on your breastRedness, swelling, scaliness or pain in your breast or nipplesNipples turn inward for no apparent reasonIrritated or itchy breastA rash on your breast (a sign of inflammatory breast cancer) tendernessIf you notice a lump, dont assume the worst. Almost 80% of all breast lumps are non-cancerous or benign. Common causes of benign lumps include:CystsChanges in the fibrous tissue due to hormonesFatty tissue due to breast traumaIntraductal "papilloma" or wart-like growthsFibroadenomas or solid breast lumpRegardless of the type of lump you feel, you should see your doctor for a thorough evaluation to rule out a malignant breast tumor.Breast Cancer Risk FactorsNaturally, being a woman increases your risk of breast cancer. Other risk factors include:Over 50 years of ageA family history of breast cancerGeneticsPrevious radiation exposureWomen can develop breast cancer before age 50, but its less common. If youre concerned about your breast cancer risk, your doctor can help you assess your specific risk and guide you through extra precautions or screening if necessary.Diagnosing Breast CancerThe most common type of breast cancer screening is a mammogram, which is an x-ray that uses low-dose radiation. This allows your doctor to see abnormalities in your breast tissue.If your mammogram reveals something suspicious, your doctor will likely order an MRI (magnetic resonance imaging), ultrasound, or a 3D mammography to get a better look at the abnormality. This type of imaging allows doctors to see breast tissue in greater detail.Stages of Breast CancerStages describe how the cancer has grown or spread, making them stages that describe the advancement of the cancer. Stages are typically indicated by Roman numerals and have subcategories of A, B, C or D.Stage 0: Noninvasive cancer with no evidence of leaving the area of breast it started in.Stage 1: Cancer cells are actively spreading to breast tissue surrounding the origin of the cancer. But the tumor (group of cancer cells) is still very small and easily treated.Stage 2: The cancer is invasive and growing but is confined to the breast or close lymph nodes. It is usually still treatable.Stage 3: The cancer is no longer confined to the breast and nearby lymph nodes. It has begun invading other lymph nodes, muscles, or other tissues surrounding the breast.Stage 4: The cancer is advanced and has spread to several organs or body parts. Stage 4 breast cancer is usually incurable, but you can live for several more years with treatments.Types of Breast CancerNon-Invasive Breast Cancer: DCIS and LCISThese are non-invasive cancers that remain contained within the tissue where it began and are therefore called carcinoma in situ. There are two types: ductal carcinoma in situ (DCIS) and lobular carcinoma in situ (LCIS). These breast cancers are usually discovered after imaging and often dont cause symptoms.DCIS is found in the lining of your milk ducts and has not yet spread to other tissues. But if not treated, it can invade other tissues and become more serious. Likewise, LCIS is non-invasive and is found in the lobules of your breast where milk is produced. This is usually considered pre-cancer and is less common than DCIS but is more likely to become invasive if it develops into cancer.Invasive Breast Cancer: IDCThe most common type of breast cancer is invasive ductal carcinoma (IDC). It accounts for 80% of all new breast cancer diagnoses and is the type of breast cancer most likely to develop in men.IDC begins in your milk ducts, like DCIS, but it doesnt remain contained and spreads outside the duct and into surrounding tissues, even invading your bloodstream and lymph nodes.Treatment usually involves a combination of radiation, surgery, chemotherapy, hormone therapy, targeted therapy, and immunotherapy. But the approach will depend on the specific type of breast cancer you have and its characteristics like the degree of aggressiveness. Some breast cancers lack receptors that will respond to the usual medications. This is called triple negative or HER-2 negative breast cancer. Your doctor will work to create a specialized treatment tailored to the weakness of your tumor type.Breast Cancer OutlookYour prognosis will depend upon how healthy you are and the stage of breast cancer youre in. However, its encouraging that the death rate from breast cancer has been dropping. Most women survive this type of cancer, and 90% of women will live at least five years after their diagnosis.Breast cancer can be recurrent, meaning that it returns after your initial treatment. This recurrence can happen months or years after seemingly successful treatment. The highest risk for recurrence is within the first two years after completing your treatment. However, most breast cancer survivors wont have a recurrence.Metastatic or stage 4 breast cancer that has spread to other parts of your body is not currently curable. But with the right treatments to control its growth and spread, you can continue living a fulfilling life for years to come.Breast Cancer Treatment OptionsYour doctors will evaluate the stage and aggressiveness of your tumors. Most often, surgery is the prescribed treatment, along with secondary treatments to ensure that post-surgery cancer cells dont survive.Surgical options include a lumpectomy or mastectomy.A lumpectomy means that a small portion of the breast encasing the tumor is removed. If your surgeon must remove more of the surrounding tissue, it is considered a partial mastectomy.A mastectomy means that one or both breasts are removed. Sometimes lymph nodes and armpit tissue are removed also.Radiation and chemotherapy are accompanying treatments that are often used post-surgery to kill any possible cancer cells that are left behind. Your doctor will recommend which treatment is best for you based on your tumor and the likelihood of cancer cells spreading.Other treatments include medications like hormone therapy and biologic targeted therapy.How to Prevent Breast CancerOf course, you cant change all your risk factors like age and family history. But you can adjust some aspects of your lifestyle to stay healthy overall and decrease your risk of breast cancer.Try making these lifestyle modifications:Dont drink more than one alcoholic beverage per day.Dont smoke.Maintain a healthy weight.Breastfeed your baby for at least several months.Choose non-hormonal treatments for menopause symptoms.Avoid radiation exposure (get medical imaging only when necessary)The Battle with Breast CancerBreast cancer can be complex, especially if not diagnosed in its earliest stages. Regular preventative screenings like self-exams and mammograms are necessary for early detection. Most breast cancer will spread if not treated in a timely fashion. Surgery is the most common treatment method and may be accompanied by radiation or chemotherapy. If you notice and change the appearance or feel of your breasts, contact be sure to get in touch with your physician. You can reduce the risk of developing breast cancer when you limit alcohol, radiation exposure, and maintain a healthy weight.
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 delivering personalized legal services, particularly for those who are housebound or residing in healthcare facilities. Our concierge services are designed to meet the unique needs of seniors and individuals in hospitals, nursing homes, or skilled nursing facilities.Tailored Legal Assistance for Medicaid and Veterans' BenefitsNavigating the complexities of Medicaid and Veterans' benefits can be daunting, especially with annual changes to these programs. Robles Law is here to assist you in understanding and managing these critical aspects of your healthcare and financial planning. Our team provides comprehensive consultations to analyze your specific situation and goals, ensuring that you receive the best possible guidance.Personalized Consultations and PlanningOur approach is centered around you. We offer personalized consultations to help you understand the various options available and to empower you to make informed decisions about your future. Whether you need assistance with current applications or are planning ahead, Robles Law is committed to providing the support you need.Compassionate and Comprehensive Legal SupportAt Robles Law, we believe in compassionate and comprehensive legal support. We are dedicated to working closely with you every step of the way, making sure that you fully understand your choices and feel confident in your decisions.Our Services Include: Medicaid Applications and Planning, Veterans' Benefits Applications and Planning, Personalized Legal Consultations, Assistance for Housebound Individuals and Those in Healthcare Facilities
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.