Title Insurance Requirements for Insuring Trusts

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Dec 03, 2021

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In todays world of busy probate courts and exorbitant death taxes, the living trust has become a common manner of holding title to real property. The following may help you understand a few of the requirements of the title insurance industry if title to property is conveyed to the trustee of a living trust.
What is a trust?
An agreement between a trustor and trustee for the trustee to hold title to and administer designated assets of the trustor for the use and benefit of one or more beneficiaries.
Can a trust itself acquire and convey interests in real property?
No. The trust is an arrangement between a trustee and the trustor. Only the trustee, on behalf of the trust, may own and convey any interest in real property. The trustee may only exercise the powers granted in the trust.
What will the title company require if a trustee holds the title to the property which is part of the trust?
A certification of trust containing the following information:

Date of execution of the trust instrument,
Identity of the trustor and trustee,
Powers of the trustee,
Identity of person with power to revoke trust, if any,
Signature authority of the trustees,
Manner in which title to the trust assets should be taken,
Legal description of any interest in the property held by the trust, and
A statement that the trust has not been revoked, modified, or amended in any manner which would cause the certification to be incorrect and that the certification is being signed by all currently acting trustees of the trust

My trust contains certain amounts of money to be given to various charities which is none of your business. Can I omit these pages?
Because many different provisions may be on the same page, the answer must be no -- but if the title company requires a copy of the trust, it may accept a copy with those amounts blacked out.
If there is more than one trustee, can just one sign?
Maybe. The trust must specifically provide for less than all to sign.
Can the trustee give someone a power-of-attorney?
Only if the trust specifically provides for the appointment of an attorney-in-fact.
What will the title company require if all the trustees have died or are unwilling to act?
If the trustor is not able to do so, or the trust provisions prohibit the trustor from appointing a new trustee, the court may do so.
How does a notary acknowledge the signature of the trustee?
Title is vested in the trustee. Hence, if the trustee is an individual or a corporation, then the new general form of acknowledgment will be prepared to reflect the intrinsic nature of the trustee.
How would the deed to the trustee ordinarily be worded to transfer title to the trustee?
John Doe and Mary Doe, as trustees of the Doe family trust, under declaration of trust dated January 1,1992.
Are there any limitations on what a trustee may do?
Yes, the trustee is limited principally and most importantly by the provisions of the trust and, thus, may only act within the terms of the trust. The probate code contains general powers which, unless limited by the trust agreement, are sufficient for title insurers to rely on for sale, conveyance, and refinance purposes.

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Whom should you choose as a trustee?

When drawing up your estate plans, you might find it useful to create a revocable or irrevocable trust, either of which can help your estate avoid probate court and give you significant control over how and when your assets are distributed. But who should oversee your trust.As the person who established the trust known as the grantor or settlor you can also name yourself as trustee. However, this may not be the best move, particularly if the trust is irrevocable. An irrevocable trust protects the assets in the trust from creditors and civil judgments, but if you serve as trustee, this protection will disappear. It might be more advantageous for you to be the trustee of a revocable (living) trust, which can be modified without much trouble and allows you to move assets in and out of the trust and to change trust beneficiaries. You should work with a qualified estate-planning attorney to determine which type of trust, if any, is appropriate for your situation, and to get some guidance on the wisdom of serving as your own trustee.           If you decide to choose someone else as trustee, youll want to consider the following factors:            Trust In thinking about whom you might want to serve as your trustee, the most important attribute is trust. Do you trust that this individual will always act in your best interest? If so, then they may be a good trustee candidate, but youll also need to look at other considerations.            Financial management skills  The person you choose to be your trustee doesnt have to be an accountant or a financial professional but they should be skilled at managing their own finances. And they should be well-organized and good with details.             Mental and physical fitness  Your trustee could serve in that position for many years, so youll want to name someone who is in good physical and mental health. Of course, things can change over time, so if you observe that your chosen trustee has begun to suffer physical or mental decline, you may need to name a successor trustee in your trust document.            Conflict of interest  You want your trustee to carry out your wishes in a fair manner so, you should pick someone who doesnt have a conflict of interest with any of the beneficiaries youve named in your trust. Of course, this can be tricky if you want to name a family member as trustee. So, if you do, youll need to spell out your wishes clearly to the trustee and to other family members.            Heres something else to think about: Instead of choosing an individual, you could name a corporate trustee. By doing so, you can receive some key benefits, such as objectivity and potentially avoiding some of the family-related disputes that can arise when an estate is settled. Also, corporate trustees have the expertise and resources to navigate the various tax and inheritance laws affecting living trusts.             Whether its a trusted individual or a corporate entity, the right trustee can make a big difference in the effectiveness of your living trust and, by extension, the outcome of your comprehensive estate plans. So, start your search, get the help you need and take the steps necessary to arrive at a choice for trustee thats right for you and your family.  Chad Choate III, AAMS 828 3rd Avenue West Bradenton, FL 34205 941-462-2445 chad.chaote@edwardjones.com This article was written by Edward Jones for use by your local Edward Jones Financial Advisor. Edward Jones, Member SIPC

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Welcome Chaz Davis, the New Executive Director of HomeWell Care ServicesHomeWell Care Services is delighted to announce the appointment of Chaz Davis as the new Executive Director. With a rich background spanning over a decade in the senior care industry, Chaz brings a wealth of experience and expertise to our team. Her diverse experience, coupled with her impressive academic credentials, positions her as an exceptional leader who will undoubtedly contribute to the continued growth and success of HomeWell Care Services.Chazs professional journey is marked by her extensive experience in skilled nursing facilities, home health care, senior placement, and Medicare insurance. Additionally, she is a notary public, further showcasing her dedication to providing comprehensive support to seniors and their families. Her academic accomplishments include a Masters degree in Healthcare Leadership and a Master of Jurisprudence in Health Law, underscoring her deep understanding of the healthcare landscape and the legal frameworks that govern it.Beyond her professional endeavors, Chaz is deeply committed to the senior community. She serves as the President of the Suncast Aging Network, a local 501(c)(3) organization dedicated to supporting seniors. Her leadership in this role reflects her passion for advocating for the needs and well-being of the elderly.Outside of her professional life, Chaz enjoys a vibrant and active lifestyle. She loves spending quality time with her family, friends, and her beloved fur baby. Her hobbies include volunteering, exercising, paddle boarding, playing billiards, boating, going to the beach, and traveling. This diverse array of interests highlights her dynamic personality and her enthusiasm for embracing life to the fullest.As Chaz steps into her role as Executive Director, we are confident that her leadership, experience, and passion will drive HomeWell Care Services to new heights. Her comprehensive understanding of the senior care industry, combined with her compassionate approach, aligns perfectly with our mission to provide exceptional care and support to our clients. Please join us in welcoming Chaz Davis to the HomeWell Care Services family. We look forward to the positive impact she will undoubtedly make on our organization and the communities we serve.

Caregiver Tips

Our Tips to Excel at Caring for a Loved OneBeing a caregiver means offering compassionate care for someone who needs it, whether due to aging, illness or disability. Family caregivers play a vital role in keeping their loved ones safe and healthy, but the job often goes beyond that. They're also companions who offer a friendly listening ear when needed and a reassuring presence when making important decisions. BrightStar Care aims to appreciate and support caregivers all year long. If you are a caregiver or know someone who is, be sure to check out our tips for high-quality care and avoiding caregiver burnout.Questions Every Caregiver Should Ask Over 40 million people(Opens in a new window) in the United States provided unpaid care to someone in the last 12 months. This statistic shows the massive need for caregivers in our country. However, new family caregivers often don't know where to start when they begin caring for a loved one. Below, you'll find several questions to get you started as a compassionate caregiver.Ask About Support Systems and ResourcesFirst, you'll want to pin down details about your loved one's support system. Ask these questions of yourself and your loved one:Will you be the only one providing care for your loved one?If anyone, who will be helping you? Do you have these individuals' names, addresses and emergency phone numbers?Do other family members or friends live nearby? Will they be helping you provide care? Does your loved one spend any time with them?Does your loved one receive financial, personal or medical assistance? Is this assistance temporary or permanent?Does your loved one have adequate insurance? What services aren't covered?Does your loved one have a will or trust? Could you locate these documents if needed?Who are their medical providers? When are your loved ones appointments? Who will be providing care? When will they be providing it? Who will be managing a schedule of who will be providing care when? What is your loved ones monthly budget? What insurance or government programs are supporting them? Understanding a Day in Their LifeNext, consider your loved one's current routines and standard of living. Think about these questions to get a good idea of their daily needs:How does your loved one get around? Do they use assistive devices like canes, stability bars or walkers? How often are they used, and for what types of activities?What activities make up their daily routine? Which are more difficult? Activities might include climbing stairs, bathing, cooking, cleaning, etc.Does your loved one leave their home? If so, when and why? (i.e., to visit a senior center, socializing, church)What organizations or faith-based groups does your loved one belong to? Write down associated names, addresses and phone numbers.What are your loved one's hobbies? What do they like to watch, read and do?Does your loved one have special dietary needs(Opens in a new window)? Can they accommodate these needs alone? Do they need assistance with shopping or cooking?Does your loved one have pets? Are they still able to care for these pets?What medications does your loved one take? Note all medications, dosage and when they should be taken.Does your loved one have trouble taking medications? How so?Consider Their Everyday Surroundings Finally, it's time to think about what day-to-day life looks like for your loved one and what kind of environment they live in. Ask the following questions to get a clear picture of their surroundings:Where does your loved one live? Do they have a house, apartment or condo? Is their environment urban or rural?Is the size of their living quarters appropriate? Is their home too big, too small or just right?Are there any barriers(Opens in a new window) (i.e., stairs, rough walkways, heavy doors) that make living in their home difficult? How can these barriers be removed?Are your loved one's living quarters secure? Are they at risk for unwelcome visitors like solicitors or scammers?How far does your loved one live from neighbors?Does your loved one need transportation to the grocery store, church, social events, etc.? Seek Resources to Provide the Best Care Caregiving truly takes a village. Once you have a clear understanding of your loved one's support system and daily life, seek resources to fill the gaps in your knowledge. Having places to look for reliable information goes a long way to alleviating a family caregiver's burden. Try these resources to help you provide exceptional care:Eldercare Locator:(Opens in a new window) This locator offered by the U.S. Administration on Aging is an easy way to find services for older adults.National Council on Aging:(Opens in a new window) NCOA is recognized as a national expert on aging and works to help older folks meet the challenges associated with getting older.National Association of Area Agencies on Aging:(Opens in a new window) This organization works with care agencies and assists them with building their capabilities.Family Caregiver Alliance:(Opens in a new window) The Family Caregiver Alliance is a nonprofit organization working to meet the needs of family members providing long-term care to their loved ones at home.Caregiver Action Network:(Opens in a new window) This organization aims to support caregivers and ensure they don't feel isolated and burnt out.National Alliance for Caregiving:(Opens in a new window) The National Alliance for Caregiving focuses on improving the lives of family caregivers. Their resources may help reduce caregiver stress.Access to Respite Care and Help:(Opens in a new window) Respite care is crucial for families across the U.S. This nonprofit promotes these services for family caregivers and their loved ones.American Association of Caregiving Youth:(Opens in a new window) This organization recognizes and supports children who care for ill, aging and disabled family members.U.S. Department of Veterans Affairs:(Opens in a new window) The Department of Veterans Affairs is dedicated to assisting people who have served in the military.Home Care Guide:(Opens in a new window) BrightStar Care is proud to offer numerous resources for those struggling with caregiver stress. This resource provides things to consider when looking for caregiving services for family members. Don't Forget to Take Care of Yourself! Caring for the caregiver is just as important as providing impeccable care to aging or ill individuals. But between work and caring for loved ones full-time, finding time for oneself can feel like an insurmountable challenge. If you're feeling stressed and burnt out, try our self-care tips:List Self-Care Activities You EnjoyThe first step to avoiding burnout is to figure out just what you'd like to do with your free time. Make a list of the activities that help you recharge after a stressful day. Write as many as you can think of, then pencil in time every day to do at least one. Here are some ideas for daily self-care:Take a short walk, stretch or do light exerciseCall a friend or family memberWatch your favorite TV show or read a bookTake a long shower or bath (bonus points for using aromatherapy!)Play with a petWrite in a journalHave a cup of tea or enjoy another favorite beverageTry a new recipeMeditate or praySet Achievable Goals for YourselfGoal setting is a great way to minimize caregiver burnout symptoms. What do you hope to achieve in the next week? What about in a month? Set achievable, measurable goals that don't raise your risk of guilt or negativity. Consider making self-care one of your goals. For example, you could say that you'll read for at least 15 minutes before bed or try one new recipe every week.Reward Yourself OftenYou've done an excellent job caring for your family member and deserve a reward! When you accomplish a goal, conquer a challenge or just make it through a tough day, be sure to reward yourself with something that brings you joy. Your reward could be something like the following:A massage, pedicure or facialA fancy cup of coffeeA night out with friendsYour favorite mealA day off workA new book or movieA day at the spa or hair salonPractice Self-CompassionBe kind to yourself! You spend most of your time having compassion for others, but it's essential to have the same understanding for your own feelings. Forget about being perfect and use mistakes as opportunities to grow and improve. Caregiving is challenging and known to cause stress and burnoutdon't make it harder for yourself with negative self-talk. Your best is enough!Get Plenty of SleepGetting enough sleep is easier said than done. However, we highly recommend making sleep a priority. If you have trouble falling asleep, try turning off your TV and phone at least an hour before bed. Make sure the room is cool, quiet and dark to promote restful sleep. If you're still struggling to get a good night's sleep, try incorporating breathing techniques or meditation into your bedtime routine.Focus on a Proper Diet Eating healthy is crucial for family caregivers. A proper diet will ensure you have enough energy to provide the best care possible. Introduce lots of whole grains, fruits and veggies to your diet, and minimize sugary drinks and processed foods. Don't forget to drink plenty of water throughout the day. We know stress eating is a tempting coping mechanism, but a healthy diet will make you feel so much better in the long run.Make Others Aware of Your NeedsMany people try to stuff their feelings down and deal with them alone. But no one will know you need help if you don't express your feelings! Don't be afraid to communicate your struggles and remember to reach out to your support system before hitting your breaking point. Simply having someone to vent to can reduce burnout.Join a Caregiver Support Group Sometimes, talking to friends and family members isn't enough. In that case, consider joining an in-person or online support group. These groups will connect you with professionals and other family caregivers who know what you're going through. Chatting with these people can be extremely therapeutic and give you new ideas for how to care for your loved one. You may also want to start meeting with a local therapist to talk through your feelings.Caregiver Fatigue and What Triggers It Caregiver fatigue,(Opens in a new window) also known as caregiver burnout, refers to the physical, emotional, and mental exhaustion experienced by those who provide care for someone else over an extended period of time. At first, caregivers might just feel physically tired. However, as caregiver burnout progresses, they may also begin to experience depression, feelings of helplessness, low self-esteem, sleep deprivation, and other personal health problems. Here are some triggers of burnout to watch out for: High Stress: Caregiving often involves managing multiple responsibilities, such as medical appointments, medications and personal care. Taken together, these tasks can lead to high levels of stress.Conflicting Demands: Today, many caregivers do double duty. They might provide care to an aging loved one while juggling work and caring for children. These conflicting demands only elevate stress as caregivers try to meet everyone's needs at the same time.Emotional Strain: Witnessing the decline or suffering of a loved one can take a significant emotional toll on caregivers, leading to feelings of sadness, frustration and helplessness.Lack of Self-Care: When stress levels are high and time is at a premium, it's easy to let self-care fall by the wayside. But the temporary relief of skipping self-care can lead to increased caregiver burnout down the line.Ambiguous Roles: In many cases, caregivers don't know exactly what their role is. They're dealing with unclear responsibilities, and constantly playing the guessing game can lead to high levels of fatigue.Lack of Support: Too often, caregivers feel unsupported by their families and communities. This is why one of our top caregiver tips is to join a support group. Talking with like-minded individuals can reduce some of the mental strain.Less Independence and Privacy: When you're always wrapped up in caring for other people, you may begin to feel a lack of autonomy and privacy. So much of your time is now dedicated to someone else, and you may no longer feel like your own person.Perceived Lack of Success: Caregivers often shame themselves for not "mastering" their responsibilities or failing to achieve their goals. This perceived lack of success only further heightens stress and fatigue.What to Do If You're Suffering From Caregiver BurnoutCaregiver burnout can be triggered by a combination of causes. The good news is that there is hope for alleviating burnout and fatigue. Here are our tips for family caregivers who are exhausted and disillusioned with their role:1. Recognize Symptoms First, it's important to recognize the symptoms of caregiver stress(Opens in a new window) in yourself. Seeing the signs in others is one thing but identifying them in yourself is easier said than done. Take a moment to reflect on your mindset and note any of the following symptoms:Constant feelings of worryPersistent fatigueChanges in sleep patternsleeping too much or not enoughFeelings of sadness or angerLoss of interest in hobbiesWeight fluctuationsFrequent headaches and other painsFailing to meet other family, work and social obligations2. Set BoundariesKnowing your own limitations can significantly reduce burnout. Once you understand there's only so much you can do, make sure your family members realize these limitations as well. Keep in mind that you will never be able to control someone else's thoughts and behavior and try to focus on the positive aspects of your role.3. Acknowledge the Stress and Physical Demands Caregiving takes a huge toll on mental health, but it also has lots of physical demands. Assisting with bathing, dressing and toileting takes physical strength, and these tasks are often much more demanding than people expect. Acknowledge the challenge and seek help from an experienced home care agency, such as BrightStar Care, whenever needed. We also recommend eating a healthy diet, exercising and getting enough sleep to cope with the physical demands.4. Be Realistic About Finances Providing care to a loved one can drastically impact your finances. You may feel responsible for purchasing equipment, supplies and even medical care itself. Be realistic about these financial challenges, and don't hesitate to enlist the help of a financial planning specialist. These professionals can help you find programs that assist with paying for care.  You have several options to explore when it comes to paying for in-home care.5. Communicate Your Feelings Honestly Feeling isolated is a common symptom of caregiver burnout. The best way to avoid such feelings of isolation is to communicate your needs to those around you. When you start getting overwhelmed, talk to someone right awaywhether that's a therapist, friend or family member. Try to avoid asking "why" questions about your situation, and instead ask what's in your power to change and how you can do it.6. Manage Relationship Stress Normal family relationships are often disrupted when an older relative needs care. Parent-child roles are reversed, as a parent now needs care from their children. After all, the parent suddenly needs help from their children. Know that you may have disagreements about how things are handled and be sure to approach these from a place of empathy. Focus on positive, uplifting experiences and keep lines of communication open to all concerned family members. Be prepared for a significant emotional impact on both yourself and your loved one. 7. Follow Our Self-Care TipsOur self-care tips for caregivers are instrumental in preventing burnout. Never skip a chance to take care of yourself! This can be as simple as a bath or as big a spa day. Make sure you're always investing time in yourself and your well-being.8. Ask for Help Before You Hit a Breaking Point Don't wait until the stress has you at a breaking point. Once you take up the role of caregiver, start looking for help right away. You might reach out to other local family members and see if they'd be willing to help you with certain tasks. Finding a trusted respite care provider can also help take some of the stress off your plate.Balancing Work, Family, and Caregiving Striking a balance between caregiving and your other responsibilities can feel like an impossible task. Thankfully, BrightStar Care is here to help you balance work, family and caring for an elderly or disabled loved one. Check out our ideas for mastering this crucial balancing act:Enlist Other Family Members or Close Family Friends: Do you have other family members living in the area? Do you have close family friends in the area? If so, reach out to them and coordinate ways they can help as well. Perhaps someone can fill your role on days you're unavailable.Talk to Your Employer: Communicating your situation with your employer is essential. They may be able to offer a hybrid work schedule or telecommuting(Opens in a new window) to accommodate your needs. In some cases, asking about the Family and Medical Leave Act can be beneficial. This law allows you to leave your job temporarily and applies to many employers. Be sure to talk to your boss or HR department about whether you're eligible for FMLA leave.Schedule Family Time: Set aside separate time(Opens in a new window) to catch up with your spouse and children away from the loved one you're caring for. While you can certainly have big family get-togethers, scheduling private time with your smaller family unit ensures everyone gets their own time.Set Priorities: It's always a good idea to have a list of priorities. Decide what is the most important and what can wait until you have more time. Remember that you may have to be flexible with your priorities, and what ranks number one this week may not the next.How BrightStar Care Can Help Caring for loved ones can be overwhelming and exhausting. Fortunately, BrightStar Care offers a range of home care services that can ease the burden for family caregivers and ensure that their loved ones receive top-notch care. From companionship and transportation to medical services and skilled nursing care, our team of friendly professionals is dedicated to providing exceptional care in the comfort of home. Find a BrightStar Care Location Near YouLooking for in-home care services or assisted living for your loved one or a reliable medical staffing partner for your organization? Our experienced local care team members are ready to help. Find a location near you, contact us online or call 866.618.7827 to speak with a local care expert and learn more about how BrightStar Care offers A Higher Standard.Sources:The Caregiver Foundation