Three Key Considerations As You Plan For Your Future

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Stone Law, LLC

For more information about the author, click to view their website: Stone Law, LLC

Posted on

Jun 28, 2022

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What happens when I can no longer make medical and financial decisions.

If the power to make decisions is ever not your own, ensure you have nominated the right people through Powers of Attorney, making them legally responsible for acting on your behalf. Otherwise, court proceedings determine who makes decisions for you. Understanding how the process works and your rights and responsibilities is critical.

 

Do I need an estate plan? Everyone needs proper documentation in place sharing your wishes. How do you want assets distributed? Are there special considerations, disabilities, or beneficiaries needing more support? With the right planning many of these can be addressed.

 

Is probate avoidable? Probate is the court procedure by which assets are transferred after death to those named in a Will, or to people listed in Colorado’s inheritance statutes. The proceedings are public and can take 8 to 12 months or more, even in the simplest of cases.  Trust planning can help avoid probate,

simplifying the process for your loved ones.

 

Editor’s Note: This article was submitted by Andrew P. Stone, Esq. Andrew is the principal attorney with Stone Law, LLC and may be reached at 877-897-6591 or by email at [email protected]

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The Best Time to Make an Estate Plan Is Before You Need One

Estate planning is easy to put off. Work is busy. The kids need something. The house needs attention. Everyone is healthy, and there is always something that feels more urgent. So you tell yourself, Ill get to it later. I understand that. Most people are not avoiding estate planning because they do not care about their families. They are busy taking care of those families right now. But that is also why I encourage people to begin before there is an emergency. When life is calm, you have time to ask questions, talk with the people you love, and make choices that feel right to you. At Bellomo & Associates, we want families to have that opportunity, instead of trying to figure everything out beside a hospital bed. Why Do So Many People Put Estate Planning Off?Sometimes people think they are too young. Sometimes they assume they do not own enough to need a plan. And sometimes they believe their spouse or children already know what they would want. Those thoughts are understandable. If you are feeling well and handling your own affairs, documents such as powers of attorney and healthcare directives may seem like something you will need years from now. The trouble is that we do not get to choose when life changes. Estate planning is easier when you can approach it with a clear head and enough time to consider your options. You can talk about what matters to you without asking your family to make every decision in the middle of a crisis. Estate Planning Is About More Than What Happens After DeathWhen people hear estate plan, they often think of a will and who will inherit the house. Those are important questions, but a plan can also help your family while you are living. What if an accident leaves you temporarily unable to manage your bills? What if an illness makes it difficult to speak with your doctors? Who would step in, and would that person have the authority they need? A financial power of attorney can address who may handle financial matters for you. A healthcare power of attorney can name someone to make healthcare decisions when you cannot. A living will can give direction about certain treatment choices. Pennsylvania recognizes these as distinct planning documents, each with its own requirements. These are deeply personal choices. Making them ahead of time gives your loved ones something far more useful than a guess. The Best Time to Choose Someone Is Before You Need ThemThink about the person you would trust to help if you could not manage your finances for a while. You probably have someone in mind. But have you asked whether they would be willing to take on that role? Do they know where to find your important information? Planning gives you time to have that conversation. You can choose someone who understands you, explain what matters most, and name a backup in case your first choice cannot serve. Without appropriate documents, a family may know exactly whom you would have chosen and still have trouble acting on your behalf. Depending on the circumstances, they may need to seek court involvement. That can be stressful for a spouse or child who is already worried about you. My Family Knows What I Want May Not Be EnoughI hear this often: Jeff, my family knows what I want. They might know a great deal about you. They know how you take your coffee, what you think about the holidays, and which stories you will tell whenever everyone is together. Still, a serious medical decision can be different from any conversation you have had before. Picture three adult children trying to decide what Mom would want. One remembers her saying she never wanted to be kept alive by machines. Another remembers her talking about doing everything possible to have more time with her grandchildren. Each believes they are honoring her wishes. A conversation and the right documents can help your family understand your preferences and know who should make decisions if you cannot. That guidance is a gift to the people who love you. Waiting for a Crisis Can Make Planning HarderEstate planning works best when you can take your time. You can ask what a document means, think about whom to name, and decide how the pieces of your plan should fit together. A sudden illness or a change in memory can make those conversations more difficult. A diagnosis alone does not necessarily mean someone can no longer make legal decisions, but capacity questions can arise, and options may become more limited as circumstances change. This is why I encourage people to plan while the choices are clearly theirs to make. There is comfort in knowing you had the chance to think them through. You Do Not Have to Be Wealthy to Need an Estate PlanEstate planning is about people as much as property. A young parent may want to name someone to care for their children. A single adult may want a trusted friend or relative to speak with doctors if needed. A grandparent may want to make sure an inheritance is handled thoughtfully for the next generation. You may also need to consider your home, personal belongings, pets, online accounts, or who would be responsible for settling your affairs. None of those questions depends on having a certain amount of money. If there are people you care about and decisions you would want to make for yourself, there is a reason to think about a plan. Your Will Is Only One Part of the PlanA will matters, but it may not control every asset you own. Retirement accounts and life insurance policies often have beneficiary designations. The way a home or account is owned may also affect what happens to it. That is why an old beneficiary form deserves attention. Perhaps it names someone who has since died. Perhaps your family has grown, but the form has not changed. A plan works better when you review how its parts fit together, rather than assuming the will answers every question. Your Plan Can Change as Your Life ChangesSome people wait because they want to get every decision perfect the first time. You do not need to predict the rest of your life. A plan should reflect your life now. Then, when life changes, you can review it. Marriage, divorce, a new child or grandchild, retirement, a move, or a change in a trusted relationship may all be reasons to take another look. Beginning today does not mean you can never make a different choice. It means your family has guidance based on what you want today. Give Your Family Instructions Instead of QuestionsWhen someone needs help unexpectedly, loved ones often want to do the right thing. They may simply be unsure what that is. Who can speak with the bank? Where are the documents? Who should make a medical decision? What did Dad want to happen to the house? An estate plan cannot spare a family every hard moment. It can give them direction through some of those moments, and it can let you choose the people you trust to help. When things are going well, estate planning may feel easy to postpone. That is also when you may have the most room to think, talk, and decide. Bellomo & Associates welcomes families who want to start that conversation before a crisis makes it urgent.  

Estate Planning in Fairhope, AL

A family may know that someone has a will and still be unsure what to do during an illness, who can help with financial matters, or where important instructions are kept. Estate planning is an opportunity to replace those unanswered questions with a plan that reflects the persons wishes and practical circumstances.Estate planning in Fairhope, AL can address both future transfers of property and planning during life. Ashley Day Law provides estate planning services in Fairhope, including documents and implementation guidance. A productive first meeting begins with goals and family circumstances rather than a predetermined list of forms.What estate planning coversAn estate plan is a coordinated legal arrangement for the matters a person wants addressed if they become unable to act or when they die. The appropriate documents depend on the persons assets, family, preferences, and applicable law.Topics to discuss with counsel can include who should handle financial affairs, how healthcare wishes should be documented, who should receive property, and whether a trust serves a particular purpose. A document should be chosen because it fits the plan, not simply because someone else has one.Start with people and responsibilitiesConsider who is willing and able to carry out each role. A trusted relative may live far away, have limited time, or be uncomfortable managing finances. A good planning conversation includes those practical limitations.Ask prospective decision makers whether they are willing to serve before naming them. Discuss backups and how each person could find the information needed. The attorney can explain the legal duties associated with the proposed role. Ashley Day Law in FairhopePhone: 251-277-3377Coordinating documents and assetsThe firm describes reviewing beneficiary designations and advising clients about funding trusts. These services make implementation a useful focus for the consultation.Bring a list of accounts, property, insurance, and existing documents. Ask how each asset fits with the proposed plan and which follow-up tasks will be required. Request a clear division of responsibility between the firm, the client, and any financial institution or other adviser.The goal is to leave with more than signed papers. Ask how you will know that the intended changes have been completed and what records should be retained.Planning for individual family circumstancesAshley Day Law also publishes services involving caregiver and family agreements, advice to fiduciaries, and planning for loved ones with special needs. Its estate planning materials describe working with clients other professional advisers where appropriate. Explain the family situation fully. Mention blended families, a beneficiary who receives public benefits, a closely held business, or property outside Alabama. These circumstances can change the questions the attorney needs to address.Do not assume that a particular trust, transfer, or beneficiary arrangement is suitable before the attorney reviews the details. Ask for an explanation of the proposed approach, alternatives, and implementation requirements.Related legal servicesThe firms website also identifies elder law, special needs planning, and probate and trust administration.  Ask whether your matter is part of the estate planning engagement or requires additional work.If the immediate concern involves a care bill, an existing trust, or a recent death, explain that when scheduling. It may call for a different kind of appointment than preparing a new plan.Questions that make a planning meeting more usefulA thoughtful consultation should connect your wishes to specific decisions. Consider asking:Which documents fit my goals, and what does each one do?Who should be named for each responsibility, and who should be the backup?What assets or beneficiary designations need further review?What work must happen after documents are signed?How should my instructions and original documents be stored?What changes should prompt a future review?Ask the attorney to explain unfamiliar terms before you approve a plan. If you want an adult child or another adviser involved, discuss how that participation will work and clarify who the client is.Why estate planning matters locally in FairhopeA Fairhope household may have family nearby, relatives in another state, and property acquired before a move to Alabama. The plan should reflect those connections rather than assuming that every decision-maker and asset is local.For people who have relocated to the Eastern Shore, bring older documents to the attorney instead of discarding them or assuming they need no review. Explain where the documents were prepared and what has changed since then.Also consider practical access. If someone needs to help during an illness, will they know whom to call and where to find current instructions? A plan becomes easier to use when the appropriate people understand the process and can locate the necessary information.How to get started1. Write down your main goals and the concerns you most want resolved.2. Gather existing wills, trusts, powers of attorney, healthcare documents, and beneficiary information.3. Prepare an inventory of property, accounts, debts, and insurance.4. Call Ashley Day Law at 251-277-3377 to request an estate planning consultation.5. Ask for the scope of work, fee arrangement, and required preparation materials.6. Complete the agreed signing and implementation steps, then keep a list of unfinished tasks until each is resolved.Practical tip: Use a one-page planning inventory with contact names and document locations. Keep sensitive account credentials separate and ask the attorney about secure storage and appropriate access. Related categoriesElder Law in FairhopeSpecial Needs Trusts Probate and Trust Administration

Do You Need a Probate Attorney, or Can You Handle Probate Yourself?

Being named executor can feel like an honor. Someone you love trusted you to carry out their wishes. At first, you may think, They left a will. I know what they wanted. I can take care of this. Then you open the first envelope. A bank needs documents. A bill arrives. Someone asks what will happen to the house. Another family member wants to know when they will receive their inheritance. You are grieving too, and suddenly everyone is looking to you for answers. That is when many executors ask me: Do I need a probate attorney, or can I handle this myself? For some estates, handling the process without ongoing legal help may be manageable. For others, one unanswered question can affect the whole family. The decision depends on what the estate involves, how comfortable you are with the responsibilities, and whether you know when to ask for help. What Does Probate Actually Involve?Probate is the legal process for administering assets that must pass through an estate after someone dies. In Pennsylvania, the process generally begins with the county Register of Wills, which handles probate and the appointment of estate representatives. Pennsylvanias courts provide a directory of county Registers of Wills. The executors work can include locating assets, protecting property, gathering account information, addressing bills and creditor claims, handling tax matters, keeping records, communicating with beneficiaries, and distributing property when it is appropriate to do so. That is a great deal to take on, especially while mourning someone you love. Probate is about more than filing a will. It is the careful work of settling a persons financial affairs and carrying out their wishes. Can You Handle Probate Without a Lawyer?Sometimes, yes. An executor who is organized and has a straightforward estate may feel comfortable handling much of the work. A clear will, easy-to-identify assets, manageable debts, and family members who agree about what should happen can make the process easier. But straightforward does not mean effortless. You may still need to follow procedures, keep accurate records, respond to requests from financial institutions, and decide when the estate is ready to make distributions. I encourage executors to be honest with themselves about the time and attention this will require. There is no prize for figuring out every step alone. Asking a question early can bring welcome clarity before you make a decision on the estates behalf. First, Find Out What Actually Goes Through ProbateNot everything a person owned necessarily passes through their probate estate. An account with a valid beneficiary designation, property owned jointly with survivorship rights, or an asset properly held in a trust may pass another way. Imagine finding a folder containing a will, a life insurance policy, a bank statement, and a deed. It would be easy to assume the will controls all four. In reality, you need to look at how each asset is owned and whether a beneficiary has been named. Sorting that out at the beginning helps the executor understand what they are responsible for administering. It can also prevent confusion when a family member asks why one asset is being handled differently from another. A Simple Estate Can Become Complicated QuicklyConsider two families whose parents leave behind a home, a few accounts, and a vehicle. In the first family, the children agree that the house should be sold, the accounts are easy to locate, and everyone understands the will. In the second, one child wants to keep the house. Another remembers being told it would be sold. A third believes money was taken from an account before their parents died. The estates may look similar on paper, but the executors face very different jobs. Estate value alone does not tell you whether legal guidance would help. Family relationships, unclear documents, creditor claims, and the types of assets involved can change the experience considerably. When Does Working With a Probate Attorney Make Sense?I would pay particular attention to disagreements. If beneficiaries question the will, dispute a decision, or cannot agree about property, the executor may find themselves trying to manage a conflict they did not create. A missing original will, confusing language, questions about changes to a document, or concerns that someone was pressured can also call for legal guidance. The same is true when the estate includes a business, real estate in another state, complicated accounts, or more debts than the estate may be able to pay. At Bellomo & Associates, we want executors to understand what their role requires before a difficult choice becomes a bigger problem. Getting guidance does not mean you have failed at the job your loved one gave you. It means you are taking that responsibility seriously. Probate Mistakes Can Go Beyond PaperworkPeople often worry about filling out the wrong form. I understand that. Forms can be frustrating. But some of the decisions behind those forms deserve even more care. For example, an executor may be eager to give beneficiaries their share, particularly if a family member needs the money. What if a valid debt or tax obligation has not yet been addressed? What if property needs to be maintained, insured, or sold before anyone knows what is available to distribute? An executor is handling property for the estate and its beneficiaries. Keeping good records and understanding your authority before you act can protect both the family and you. Do Not Forget About TaxesFamilies sometimes hear that an estate is too small for federal estate tax and conclude that taxes are off the table. Pennsylvania has an inheritance tax, and an executor may also need to address the deceased persons final income tax return. If the estate earns income after death, that may raise another filing question. The Pennsylvania Department of Revenue explains the state inheritance tax. You do not have to know every tax answer the day you are named executor. You do need to recognize when a question belongs on your list and get the right help with it. Getting Help Does Not Have to Be All or NothingMany executors imagine only two choices: do everything themselves or hand over the entire process. Depending on the estate, you may be able to seek guidance on the parts that concern you most. Perhaps you are comfortable gathering statements and keeping family members informed, but you want help understanding creditor claims. Perhaps most assets are simple, but the house or tax filings raise questions. You can begin by identifying where you feel confident and where you need a clearer path. So, Can You Handle Probate Yourself?You may be able to, particularly if the documents are clear, the assets are straightforward, debts are manageable, and the family is working together. But you do not have to make that decision based on the size of the estate or on what someone else says they managed to do. Take a careful look at what needs to be done and what could happen if a decision is made too soon. The goal is to honor your loved ones wishes, meet the estates obligations, and help the right property reach the right people.  

Local Services By This Author

Stone Law, LLC

Trust Management 225 Union Boulevard, Lakewood, Colorado, 80228

At Stone Law, LLC, we specialize in helping families and individuals create comprehensive wills and trusts that provide peace of mind and protection for the future. With a commitment to advocating for the elderly and their loved ones, we work to ensure that your wishes are honored and your familys needs are met. Our  approach to estate planning reflects our dedication to protecting your legacy while addressing your unique circumstances with care and compassion.Planning for the future is one of the most important steps you can take to protect your assets, loved ones, and legacy. Wills and trusts are foundational components of a comprehensive estate plan, designed to ensure your wishes are respected and your assets are distributed according to your wishes. At Stone Law, LLC, we recognize that these decisions can feel overwhelming, but we are here to guide you through every step of the process.A will is a legal document that outlines how your assets will be distributed after your passing. It also allows you to appoint guardians for minor children and specify your final wishes. On the other hand, a trust provides a more flexible way to manage and distribute your assets during your lifetime and beyond, offering potential tax benefits and protection from probate. Whether you need a simple will, a revocable living trust, or a more complex estate plan, Stone Law, LLC is equipped to help you make informed decisions tailored to your goals.At Stone Law, we offer a wide range of estate planning services, including:Drafting Wills: We help you create a legally binding document that clearly outlines your wishes for asset distribution, guardianship, and other important matters.Establishing Trusts: From revocable living trusts to irrevocable trusts, we assist in setting up trust structures that align with your financial goals and provide for your beneficiaries.Special Needs Trusts: For families with loved ones who have disabilities, we create trusts designed to protect their financial future without jeopardizing income dependent benefits.Asset Protection: We help safeguard your wealth from potential risks, ensuring that your assets are preserved for future generations.Probate Avoidance: By strategically utilizing trusts, we help minimize the time, expense, and stress associated with the probate process.Updating and Revising Estate Plans: Life is unpredictable, and your estate plan should reflect your current circumstances. We offer services to review and update your wills and trusts as needed.At Stone Law, LLC, we take pride in providing personalized service to every client. We understand that no two families are alike, which is why we take the time to get to know you, your family, and your unique needs. Customized Planning: We work closely with you to develop a plan tailored to your specific needs, values, and goals. This includes addressing aging concerns, disability planning, and other "what ifs" that could arise.Peace of Mind for Your Familys FutureCreating a will or trust isnt just about legal documentsits about securing your familys future and preserving your legacy. At Stone Law, LLC, we understand the weight of these decisions and strive to make the process as straightforward and stress-free as possible. By working with us, youll gain confidence knowing that your family is protected and your wishes will be honored.Whether youre planning for your own future or helping aging parents navigate their estate planning needs, our team is here to help.If youre ready to take the first step in creating an estate plan, Stone Law, LLC is here for you. Contact us today to schedule a consultation and discover how we can help you secure your familys future and gain peace of mind. 

Stone Law, LLC

Estate Planning 225 Union Boulevard, Lakewood, Colorado, 80228

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Stone Law, LLC

Elder Law 225 Union Boulevard, Lakewood, Colorado, 80228

As we get older, life brings many challenges as well as opportunities. At Stone Law LLC, we are committed to offering kind, all-encompassing Elder Law services that guarantee your rights, desires, and the comfort of your loved ones and yours. Whether you are planning for the future, coping with an illness or have a legal issue to tackle, we are here to assist you.Elder Law addresses the specific legal concerns of the elderly and the disabled. At Stone Law LLC, we offer legal services in estate planning, long term care, Medicaid planning, guardianship and conservatorship. It is our desire to safeguard your assets, fight for your health, and make sure that your voice is heard.At Stone Law LLC, we know that the process of aging is often accompanied by uncertainty and financial problems. Thats why our method is based on compassion, courtesy, and a clear comprehension of the case before us. Our experienced Elder Law attorneys will help you and your family to identify the problems, make the decisions, and, thereby, arrive at a strategy that will address your problems.Some of the issues that we are here to assist you with include:Preserving your wealth and not losing it due to unnecessary expensesProtection of your rights as you agePreventing financial exploitation or abuse via Powers of AttorneyComprehensive Elder Law ServicesElder Law services that we offer are all-encompassing and are meant to give you and your family peace of mind as you progress in years.1. Estate PlanningEveryone should have an estate plan that is tailored to their specific needs, values, and objectives. At Stone Law LLC, we assist you to put in place a plan that will help you protect your wealth, reduce your taxes, and ensure that your loved ones are well provided for according to your wishes. Some of the services that we offer include:Preparation of wills and trustsHealthcare power of attorney and financial power of attorneyAdvanced directives and living wills2. Long-Term Care PlanningIt is important to plan for long-term care in order to preserve the financial stability as well as to have a chance to choose the type of care to be received. Our team will assist you in selecting the most appropriate means of paying for long-term care including Medicaid planning and protection of assets. We can help you:Protection of financial assets when planning for future long term care needsReview nursing home or assisted living care contractsDevelop strategies to continue your legacy even after you are gone.3. Guardianship and ConservatorshipWhen a loved one is unable to make decisions for themselves, it may be required to seek guardianship or conservatorship in order to protect their rights. At Stone Law LLC, we are aware that these are sensitive issues and we guarantee that we handle them with the necessary caution. Our attorneys can:Set you up with medical and financial powers of attorney that name people you trust in these rolesOffer information on future fiduciary duties.4. Disability PlanningFor those with disabilities and their families, we provide legal services that aim at improving the quality of life and financial security. These include:Creation of special needs trustsWe are your all-encompassing legal partners in managing the challenges of aging and disabilities at Stone Law LLC. Heres what sets us apart:We take the time to get to know you and what you hope to achieve. Every client is given an individualized strategy that is specific to their case.Our attorneys are very much concerned with your best interests and will fight for them to the best of our abilities. We approach every case with a compassionate touch.At Stone Law LLC, we know that planning for the future can be confusing, but it is one of the best gifts that you can leave for your family. Our experienced Elder Law attorneys are ready to assist you at every stage of the process and ensure that your voice is heard and your rights protected.Contact Stone Law LLC today to schedule a consultation. Let us help you create a secure and fulfilling future for yourself and your family.