When Should I Update My Will or Other Documents?

Posted on

Sep 06, 2019

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Many people think of changing their documents after a marriage, divorce, birth or death, but those are not the only reasons you may want to make changes. Perhaps your agent under a power of attorney is going through a physical or mental health crisis, or the person you appointed executor of your will has made some poor financial decisions lately. You may want to appoint a new Trustee if the agent you chose has moved away, or if theyare struggling with addiction. Its also important to consider whether the people who you have named as back-up agents are still your best options.Here are five questions that may help you decide if change is needed:

Is the person youve appointed to be your agent (under a power of attorney, as an executor or a trustee) the best person available to fill that role?
Is the person youve appointed to be your agent willing and able to act as needed?
Do you need to change the distribution of your assets?
Do your documents allow for Medicaid or VA Pension qualification if needed in the future? (IE Durable Financial Power of Attorney with special provisions to allow large financial gifts into trust.)

Have you moved to across state lines? While wills, trusts, and power of attorney are valid across the United States, some states have specific provisions. For example, a bank may be more willing to work with your agent under a durable financial power of attorney, if the format used for the document looks familiar.
Documents should be kept updated to ensure your wishes are followed. Any changes you make should be communicated with your chosen agents, and copies of your latest documents should be shared with your agents or stored in an easily accessible location.
If you think it may be time to update your will or other documents, contact a Certified Elder Law Attorney. '
Editors Note: This article was submitted by McNair Law. They may be reached at 469-210-8371, McNair-DallasLaw.com

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Naming only the individual in the will and expecting the family to move the money later may expose the inheritance to benefit rules.Funding through life insuranceThe special needs trustnot the individual beneficiarymay be named on the life insurance beneficiary form.Beneficiary forms should be coordinated with the estate plan. A will does not normally override a valid beneficiary designation on an insurance policy or financial account.Funding through a living trustA seniors revocable living trust can direct the beneficiarys share into a special needs trust after the seniors death.An attorney should ensure that the living trust, will, account titles, and beneficiary forms all use consistent instructions.How Trust Payments Can Affect SSIEven when the trust itself is not counted as a resource, the way it distributes money can affect the beneficiarys monthly SSI payment.Cash paid directly to the beneficiaryMoney paid directly from the trust to the beneficiary generally reduces SSI.The trustee should normally pay a store, service provider, landlord, medical office, or other vendor directly rather than handing cash to the beneficiary.Payments for non-shelter expensesWhen the trust pays someone else for items or services other than shelter, those payments generally do not reduce SSI. 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