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A living, or intervivos, trust may be revocable or irrevocable, and it may be funded or unfunded. A funded living trust is an alternative to a will and to probate. In a funded living trust, a person (the settlor) puts property and money into his/her trust during his/her lifetime for the benefit of him/her and possibly other family members. An unfunded living trust typically receives assets through a simple pour-over will following the settlor’s death.
Most people who are able to handle their own financial affairs usually name themselves as trustee of revocable trusts they set up. The trustee invests the trust assets and makes the assets and income available to the settlor/beneficiary during his or her life. Such a trust is almost always revocable, meaning that the settlor can revoke or amend the trust so long as he or she is able.
If the settlor/beneficiary becomes disabled, alternate trustees are usually named in the trust to assume trustee responsibilities, the most important of which is providing for the financial needs of the disabled settlor/beneficiary. A settlor will usually name a spouse, adult child, relative, friend or a bank as alternate trustees. When the settlor/beneficiary dies, the trust often terminates, and the successor trustee will distribute the trust property to the beneficiaries, as under a will. In many situations, however, living trusts will continue for the benefit of the settlor’s spouse and children.
A living trust has several advantages if it is set up properly and fully-funded, meaning all the settlor’s assets are placed in trust. First, a fully-funded trust can reduce or eliminate the need for probate upon the death of the settlor. Second, a Colorado resident who owns real property in another state can put that real estate into a living trust and thereby reduce or eliminate the need for probate in the other state. Third, a living trust may avoid the need for a conservatorship for the settlor if he or she becomes legally disabled. However, a living trust cannot avoid a guardianship, because the trustee of a living trust cannot make medical or care decisions for the settlor unless the trustee is the named agent for the settlor under a separate Medical Power of Attorney. (See Chapter 6 for more information on guardianships and Health Care Powers of Attorney.)
Many people think they need a fully-funded living trust so that probate is not necessary when they die. In some states, the probate process is cumbersome and costly, and it is thus desirable to avoid that process. In Colorado, however, probate is relatively simple and avoiding probate is not, by itself, a good reason to have a fully-funded, living trust.
Trusts are complex legal documents that require the use of competent and experienced estate planning attorneys. Preparing and managing the trust can be more expensive in Colorado than a will and probate. If the trust is not drafted correctly, significant harmful tax results may occur. You should not try to create your own trust or purchase a preprinted living trust. Initially, living trusts and wills with testamentary trusts are more expensive to prepare than wills without trusts. However, they may save you many thousands of dollars if you have a complex estate.
Bob Frie and Paul Danborn in our office would be more than happy to discuss with you if you would benefit from a Living Trust. Please call our office to discuss this with them.
The rise of Artificial Intelligence (AI) has brought incredible innovation to our lives, from facial recognition unlocking phones to smart assistants handling our schedules. However, AI also poses significant risks, such as phishing emails, deepfake videos, and voice simulations impersonating individuals. Seniors must be informed of AI fraud to prevent them from falling victim to such schemes.Scams to Be Aware of in 2024As AI technology advances, scammers are finding new ways to develop more intricate and believable schemes. Its important to stay updated on these emerging tactics to protect yourself and your loved ones. These are some of the most prevalent AI scams to watch out for in 2024:AI-Generated Email PhishingAI-generated phishing emails are designed to look incredibly convincing, often mimicking legitimate communications from trusted organizations. The sophistication of AI means that these emails can include personalized details, making them even harder to detect. For example, a phishing email might use an email address like boss@cornpany.com instead of boss@company.coma subtle but critical difference in spelling.To stay safe, always verify the senders email address, look for any inconsistencies in the message, and avoid clicking on suspicious links. If you get an invoice for something you are confident you did not purchase, dont click on the link or attachment; instead, go directly to your credit card account to ensure there are no fraudulent purchases. The same applies to money requests from apps like Venmo and PayPal; go directly to the source without clicking any links.Chatbot FraudChatbots have revolutionized customer service, but they can also be used maliciously. Fraudsters use AI-powered chatbots to engage with victims, extract personal or financial information, or direct them to phishing websites.Red flags for scams include urgent requests, offers that seem too good to be true, or unusual language or grammar. A good rule of thumb is to not share sensitive information like passwords or credit card details through chat interfaces.Deepfake ScamsDeepfakes are AI-generated audio and video clips that make it appear like someone is saying or doing something they never actually did. These can be used to create convincing scams. For example, a common scam involves someone calling and claiming to be a loved one in an emergency and needing money, often mimicking their voice. Instead of panicking and sending the money, you should verify the persons identity, usually by calling them directly.If you receive such a call, look for inconsistencies in video or audio quality, unusual behavior, or other red flags.Investment ScamsFraudsters may use AI to generate convincing investment opportunities, complete with fabricated data and endorsements from seemingly reputable sources. Be cautious of high-pressure sales tactics urging you to make a quick decision, and thoroughly investigate any investment opportunity and the company behind it. Be wary of offers that promise unusually high returns with little risk.If you suspect an investment scam, immediately report it to regulatory authorities and financial institutions like the SEC or FINRA.Social Media ManipulationAI can generate and spread misinformation on social media platforms, influencing public opinion and manipulating users. This can include fake news stories, fraudulent advertisements, and the impersonation of trusted figures.Limit your privacy settings on social media and only accept requests from known individuals. Always verify the credibility of the sources and accounts you follow as well.At The Oberon House in Arvada, CO, we always prioritize your safety and well-being. Your security is our top priority. Contact us today to learn more 303-420-7258.
Scammers are increasingly adopting new methods to deceive unsuspecting victims, especially older adults. One of the latest threats is AI-generated voice fraud, also known as vishing (voice phishing). These scams use sophisticated AI technology to create highly realistic voices that mimic trusted individuals or organizations.Lets talk about what you should do if you receive such a call and how to protect your sensitive information.Understanding AI-Generated Voice FraudAs mentioned, scammers perform AI-generated voice fraud using synthetic voices that sound convincingly like a family member, friend, or legitimate entity such as a bank or government agency. These calls can be exceptionally persuasive and dangerous since the synthetic voices replicate the speech patterns and tone of the impersonated individuals. Additionally, fraudsters can manipulate caller ID to make it look like the call is coming from a trusted source when it is not.Common Tactics Used in AI-Generated Fraud CallsBe on alert for the following AI-generated fraud calls:Impersonation of Family Members: Scammers may claim to be a relative in urgent need of money due to an emergency. The voice will sound distressingly familiar, making it easy to fall for the ploy.Bank Representative Scams: Fraudsters impersonate bank representatives, asking for account details or prompting money transfers to secure accounts.Tech Support Scams: Callers pose as tech support from reputable companies, convincing victims to grant remote access to their computers or pay for unnecessary services.Government Agency Impersonation: They may mimic officials from agencies like the IRS or Social Security Administration, threatening legal action or demanding immediate payment of fines or taxes.Utility and Phone Company Scams: Fraudsters imitate representatives from utilities or phone companies, claiming issues with the account and requesting payment or personal details to resolve them.Steps to Take If You Receive a Suspicious CallSo, what should you do if you receive such calls that are highly convincing? Here are some essential steps to take:Stay Calm and Dont Panic: Scammers often create a sense of urgency to pressure you into making quick decisions.Verify the Callers Identity: If the caller claims to be a family member, ask specific questions only that person would know. If the caller claims to be from a legitimate organization, hang up and call the organizations official number to verify.Never Share Personal Information: Legitimate entities like the bank or the government will never ask for sensitive information over the phone. Do not provide personal, financial, or account details to the caller.Report the Call: Report the incident to your bank, local authorities, or the Federal Trade Commission (FTC). This helps to alert others and potentially track down the scammers.Educate Yourself and Others: Stay informed about the latest scam tactics and share this information with friends and family. Awareness is a key defense against fraud.If you need assistance or have concerns about potential scams, dont hesitate to seek help. At The Oberon House in Arvada, CO, we prioritize the safety and security of our residents. Contact us today to ensure your loved ones are in a safe space 303-420-7258!
Dehydration is a common problem among seniors, with studies showing that up to 20-30% of older adults are prone to dehydration. Inadequate fluid intake can cause a range of issues, from fatigue and confusion to more serious complications like urinary tract infections and kidney stones.Fortunately, there are many simple ways for older adults to boost their fluid intake and keep their bodies well-hydrated.Drink Plenty of Water throughout the DayAim to drink at least eight glasses (64 ounces) of water daily. Invest in a reusable water bottle and take it wherever you go. You can take a sip whenever you canbetween bites of food, while watching TV, or during a stroll. If plain water is unappealing, try infusing it with fresh fruits or herbs for added flavor.Monitor Urine ColorCheck the color of your urine regularly. Ideally, a pale yellow or clear urine means youre adequately hydrated. However, darker urine may indicate dehydration, prompting the need to increase your fluid intake. Make water consumption a habit, regardless of whether you are thirsty!Include Hydrating Foods in Your DietMany fruits and vegetables have a high-water content, making them excellent sources of hydration. Watermelon, cantaloupe, strawberries, tomatoes, cucumbers, and celery are all great choices for this very reason. These foods not only provide hydration but also essential vitamins and minerals, making them great snacks.You can also include warm broths and low-sodium soups in your diet. They are comforting and hydrating, especially during the colder months.Limit Caffeine and Alcohol IntakeWhile coffee and tea can be part of a healthy diet, they have a diuretic effect, increasing urination and leading to dehydration. Limit caffeine intake and be sure to balance it with water. Alcohol is also dehydrating, so enjoy it in moderation and always follow it with a glass of water.You can also try decaffeinated options like iced tea, lemonades, smoothies, herbal teas, and more!Set Reminders to Drink Water RegularlyOlder adults may experience reduced thirst sensation, making it easier to forget to drink enough water. Using alarms, smartphone apps, or setting specific times for hydration breaks can help establish a regular drinking routine. Some apps can even keep track of your water intake and encourage you to keep sipping!Hydration and HealthProper hydration supports a range of vital bodily functions for seniors. Adequate hydration helps regulate body temperature, ensures proper digestion by lubricating joints to ease movement and reduce discomfort, and facilitates the transport of nutrients throughout the body.By prioritizing hydration, older adults can improve their overall health, boost energy levels, and improve cognitive function, reducing the likelihood of experiencing dehydration-related complications.Staying hydrated is the key to better health and vitality. At The Oberon House in Arvada, CO, we take the health and well-being of our residents very seriously. Our dedicated team values personalized care and encourages healthy lifestyle habits for a fulfilling life for every resident. Contact us today to learn more about how we can help you 303-420-7258!
Bob Frie has been an attorney for thirty-five years. He specializes in elder law, wills, estates, probate, real estate and Medicaid. In 2004, he received the prestigious "Award of Merit" from the Jefferson County Bar Association. He served as Mayor of Arvada for sixteen years ending in 1999. The Law Firm received "Law Firm of the Year" Award in 2005 from MVL / CBA.Please contact us to see how we can assist you with your legal situation.