In 2022, and after living through the pandemic, everyone needs an estate plan, it doesn’t matter what your socio-economic circumstances are. A simple estate plan will typically contain at least three documents. This will generally include a durable medical power of attorney and a durable financial power of attorney. The other document typically found is a way to pass your property upon death such as a will.
However, there are times when a trust might be an option in your estate planning instead of or in addition to a will. So why should you consider a trust? Trusts are useful estate planning tools that can accomplish a variety of goals. They can help avoid probate, minimize taxes, and be used to give property to minor or disabled loved ones. Trusts can be created during a person's lifetime (Living Trusts) or at the person's death (Testamentary Trusts). Some different types of Trusts from both categories are discussed below.
Living Trust
A person can transfer their assets to a Living Trust and, as trustee, continue using their assets as they always have.
Tax Planning Trusts
Several different types of Living Trusts provide flexible alternatives for minimizing capital gains and estate taxes, including the Charitable Remainder Trust, Irrevocable Life Insurance Trust, Qualified Personal Residence Trust, Grantor Retained Annuity Trust, and Grantor Retained Unitrust.
Testamentary Trusts
A person can create a Trust under a Will, called a Testamentary Trust, which does not take effect until they are deceased.
Disability Trusts (also known as Special Needs Trusts)
A Disability Trust is a type of Living Trust that allows a disabled person under the age of 65 to use her own assets for her special needs, other than food and shelter, and keep public benefits, such as Medicaid and Supplemental Security Income (SSI).
3 reasons you may need a trust as part of your estate plan
The types of assets you own is another important consideration. Here are three typical reasons you might need a trust.
1. A loved one cannot be trusted with a large gift or has special needs
If you have concerns that a child does not have the financial skills to manage a gift or the loved one receives government benefits.
2. You want to transfer complex assets in a thoughtful manner
Trusts can be effective for keeping a vacation home or a closely held business in the family. For large charitable donations, a trust allows you to leave a vision for how you would like the gift used.
3. Limiting the potential for relationship-damaging fights is important
When you have worked hard and been successful, a trust may be able to limit conflict and the legal fees associated with litigation.
Editor’s Note: This article was submitted by Marco D. Chayet, Esq.
Marco is a partner in the law firm Chayet & Danzo, LLC, and the Public Administrator for the 18th Judicial District; he may be reached at 303-355- or 866-873-6596 and by email at Marco@ColoradoElderLaw.com This is a brief overview of the topic and should not be considered legal advice.
Estate planning is one of the most important steps you can take to ensure that your assets are distributed according to your wishes after you pass away. Whether you are planning for the future or managing the estate of a loved one, understanding the key aspects of estate planning is essential. For residents in Dallas, Texas, there are numerous resources and professionals available to help guide you through the process.In this blog, we will explore what estate planning is, why its crucial, and how to get started in Dallas, Texas.What is Estate Planning?Estate planning involves making arrangements for the management and distribution of your assets after your death. Its not just about distributing property; estate planning also includes planning for healthcare, guardianship of minor children, and ensuring that your loved ones are provided for in case youre unable to make decisions for yourself.Key components of estate planning include:Wills: Legal documents that specify how your assets should be distributed.Trusts: Arrangements that allow a trustee to manage your assets on behalf of beneficiaries.Powers of Attorney: Legal documents that designate someone to make decisions on your behalf if you're unable to do so.Healthcare Directives: Legal documents that outline your healthcare preferences if you're incapacitated.Why Estate Planning is Essential in Dallas, TexasEstate planning is vital for everyone, regardless of age or wealth. It provides peace of mind knowing that your family will not face unnecessary confusion or legal battles after your passing. Here are a few reasons why estate planning is crucial for families in Dallas:Protection for Your Family: Without a clear estate plan, your loved ones could face delays and costly legal battles as they try to settle your estate. Estate planning helps ensure that your family members are cared for according to your wishes.Tax Efficiency: Proper estate planning can help minimize the taxes your heirs may need to pay, ensuring that more of your estate goes to your loved ones.Avoiding Probate: Having a well-structured estate plan, including a trust, can help your heirs avoid the lengthy and costly probate process. This is especially beneficial in Dallas, where the legal process can be complicated.Healthcare Decisions: Estate planning also allows you to make decisions about healthcare, such as designating a medical power of attorney and specifying your preferences for end-of-life care.Steps to Take for Estate Planning in DallasIf youre ready to start your estate planning journey in Dallas, here are the steps you should consider: Identify Your Assets: Make a list of your assets, including properties, financial accounts, and personal belongings. Knowing what you have is the first step in planning for its distribution. Choose Beneficiaries: Decide who will inherit your assets. This could be family members, friends, or charitable organizations. Create a Will or Trust: A will ensures that your assets go to the people or organizations of your choice. A trust allows for more flexible asset management and may help your heirs avoid the probate process. Many Dallas families find that establishing a trust is an effective way to manage wealth transfer. Designate Powers of Attorney: Choose trusted individuals to make financial and healthcare decisions on your behalf if you become incapacitated. Review Your Plan Regularly: Life circumstances change, so its essential to review and update your estate plan regularly, especially after major events such as marriage, the birth of a child, or the acquisition of new assets. Finding Estate Planning Professionals in DallasDallas is home to a wide range of professionals who can help with estate planning, from attorneys to financial advisors. Finding the right professional is crucial to ensuring that your estate plan is legally sound and meets your needs.For assistance with estate planning, you can explore resources in Dallas through the Seniors Blue Book directory. This directory connects families with trusted professionals specializing in legal, financial, and elder care services.Explore estate planning resources in Dallas here: Estate Planning Resources in DallasFind professionals in the Dallas area who specialize in estate planning: Estate Planning Experts in DallasConclusion Estate planning is an important step that every individual in Dallas should consider. Whether youre preparing for the future or settling the affairs of a loved one, an effective estate plan can save time, money, and stress for your family members. By making informed decisions today, you can ensure that your wishes are followed, and your loved ones are well cared for.
In Delta, Montrose, and the surrounding Colorado area, many older adults are choosing to age in placeright in the comfort of their own homes. But with that decision comes an important responsibility: making sure their homes are as safe as possible. Falls are one of the leading causes of injury among seniors, and even a minor fall can have lasting consequences.1 in 4 adults age 65 and older falls each year in the United States.At Comfort Keepers of Delta and Montrose, CO, were committed to helping families create safe, supportive environments for their aging loved ones. In fact, we are a leading provider of in-home senior care services within the community and have helped many seniors navigate aging-in-place. Whether you're caring for a parent, spouse, or other senior loved one, these seven simple tips can go a long way toward preventing falls and giving everyone peace of mind. Clear the Clutter and Remove Tripping HazardsSometimes the biggest risks are the simplest to fix. Everyday items like area rugs, cords, or even a pet toy in the hallway can cause a serious fall. These hazards often go unnoticed because they're part of the daily routinebut for seniors, one misstep can lead to injury. Taking time to clear these obstacles can make a huge difference in their ability to safely age-in-place. Things to look for: Loose rugs that could slip or bunch up Electrical cords stretched across walkways Narrow or cluttered hallways and furniture arrangements Pet bowls or small items left on the floor Frequently used items stored out of reach, leading to dangerous reaching or climbing Slippery socks or shoes without proper tread Doing a room-by-room walk-through can be a great first step toward fall prevention. Make the Bathroom Safer for SeniorsBathrooms are one of the most common places for senior falls, especially with water and smooth surfaces involved. A few smart additions can make a big difference. Installing grab bars, using non-slip mats, and adding a shower chair can greatly improve safety and reduce the risk of slipping. Since so many daily routines happen in the bathroom, making it safer is one of the most impactful steps you can take.A few bathroom changes that can make the bathroom safer for seniors, include: Grab bars near the toilet and in the shower or tub A shower chair or bench for stability during bathing Handheld showerheads for easier, safer bathing Non-slip mats or adhesive strips on floors and in tubs 3. Rearrange Furniture for Safer MovementThe way a home is set up matters. If furniture blocks the flow of movement or is unstable, it increases the chance of a fall.Suggestions for a safer layout: Keep walkways open and free of clutter Choose chairs with arms and firm cushions for easier sitting and standing Avoid furniture with sharp corners or glass surfaces Adjust bed height to ensure it's easy to get in and out of Improve Lighting Throughout the HouseAs we age, it becomes harder to see clearly in dim or uneven lighting. Making sure the home is well-lit, especially in the evening, can help prevent missteps. Hallways, stairs, and bathrooms should be equipped with bright, accessible lighting to guide the way. Simple upgrades like night lights or motion-sensor bulbs can go a long way in helping seniors feel more confident moving aroundespecially when they wake up during the night. Tips for better visibility: Swap out dim bulbs for brighter, more energy-efficient ones Install night lights in bedrooms, bathrooms, and hallways Add motion-sensor lights for nighttime trips to the bathroom Make sure light switches are easy to access, particularly near entryways and bedsides At Comfort Keepers in Delta, CO, our professional in-home caregivers can help change light bulbs and do other light housekeeping tasks around a senior's home. Use Non-Slip Flooring SolutionsSome types of flooring, especially tile, hardwood, or linoleum, can be slippery underfoot. Tackling flooring issues can help seniors feel more confident as they move around. Adding non-slip mats, securing loose rugs, or applying anti-slip coatings are simple changes that make a big impact. Even small upgrades can reduce the chance of slips and create a steadier, safer surface for daily movement.Simple fixes include: Applying non-slip coatings to hard surfaces Using non-slip mats in places like the kitchen and bathroom Removing or securing throw rugs to prevent bunching or curling edges Avoiding thick or uneven rugs that could catch a foot or mobility aid Make Stairways Safer for Senior Navigating the HomeIf the home has stairs, its important to give them extra attention. One missed step can quickly lead to injury. Adding sturdy handrails on both sides, improving lighting, and using non-slip treads can make stairs much safer. For those with limited mobility, it may also be worth exploring options like ramps or stair lifts to reduce the risk of falls altogether.Helpful stair safety measures: Add secure handrails on both sides of the stairs Install bright lighting along staircases Use contrast tape or tread strips to highlight steps Consider adding a stair lift if stairs are frequently used and mobility is limited For small thresholds or steps, ramps may be a better solution Create a Safer, More Accessible KitchenThe kitchen is a high-traffic area with a lot of activity, and plenty of opportunities for slips or strains.A few small updates can help: Store everyday items within easy reach to avoid bending or climbing Use pull-out drawers and turntables in cabinets Set up a seated workspace for preparing meals Add non-slip mats in front of the sink and stoveThese changes help reduce risks while allowing seniors to stay active, independent, and confident in their own homes. For more helpful advice, check out these additional kitchen safety tips for seniors on the Comfort Keepers corporate blog. Taking the First Step Toward Fall Prevention for Seniors in Delta, Montrose, and the Surrounding CO CommunitiesIf you're caring for an aging loved one in Delta or the surrounding area, remember that you dont have to make all these changes at once. Start by addressing the most noticeable safety concerns, then gradually add improvements over time. Including your loved one in the process not only helps them feel more comfortable with the changes but also empowers them to take an active role in their own safety. If you have immediate concerns, it may be time to explore senior care services as an option to help. Comfort Keepers of Delta Is Here to HelpAt Comfort Keepers, we specialize in more than just in-home care, were focused on helping seniors live confidently and joyfully in their own homes. Our caregivers are trained to spot fall risks, support mobility, and provide companionship and assistance with daily tasks that can become more difficult with age.If youre ready to explore how Comfort Keepers of Delta and Montrose, CO can support your loved one through compassionate in-home senior care, were just a phone call away. Call Comfort Keepers of Delta today at 970-241-8818 or visit https://www.comfortkeepers.com/offices/colorado/delta-montrose/contact/contact-us/to schedule your free in-home consultation
As adult children, we often notice the small memory changes in our parents first: maybe Mom forgets a birthday shed always remembered, or Dad seems more withdrawn than usual. While occasional forgetfulness is a normal part of aging, consistent memory issues can be a sign of something more seriouslike dementia or Alzheimers disease.At Comfort Keepers Grand Junction, we understand how difficult it can be to watch a parent change in ways you dont fully understand. Spotting the early signs and taking action early can open the door to proper support, potential treatments, and peace of mind for the entire family.Here are seven early signs of memory loss that may indicate it's time to take a closer lookand how you can help your aging loved one feel safe and supported along the way. Personality Changes or Mood SwingsHave you noticed your aging parent becoming more irritable or withdrawn? Emotional changes such as increased anxiety, signs of depression, or a tendency to isolate from others may be more than just a normal part of aging. These behavioral shifts are often among the earliest indicators of cognitive decline.What you can do: Begin by observing and documenting any patterns or changes in behavior. If these changes persist or seem out of character, it may be time to consult with a healthcare professional for further evaluation. Repeating Themselves OftenIf Mom is asking the same question several times in a short span or forgetting conversations entirely, it could indicate short-term memory loss.Tip: Try using calendars, written notes, or simple routines to support memory without causing frustration. Tracking how often this happens can help a doctor better assess the situation. Getting Lost in Familiar PlacesGetting turned around in a neighborhood theyve lived in for years or feeling disoriented in a regular grocery store is cause for concern.Safety comes first: Consider technology like GPS-enabled devices or check-in calls. Comfort Keepers caregivers can also provide reliable companionship and transportation around Grand Junction to help reduce stress and confusion. Making Poor or Risky DecisionsHave you noticed unexpected purchases, missed bills, or poor hygiene? These may be signs that your parents judgment is affected.Next steps: Offer to help with finances or mail in a supportive way. You might also consider speaking with an elder law professional about protections like a durable power of attorney. Difficulty with Daily RoutinesStruggling to cook meals, take medications correctly, or keep up with laundry may indicate its time for extra help. These routine activities, known as activities of daily living (ADLs), are essential to maintaining health and quality of life. When these tasks become challenging, it can put your loved one at risk for malnutrition, missed medications, or unsafe living conditions.How we can help: Comfort Keepers caregivers in Grand Junction can assist with everyday tasks while encouraging your parents independence and dignity. From preparing nutritious meals and organizing medications to light housekeeping and laundry, our compassionate team is here to provide reliable support, always with a focus on safety, respect, and preserving your loved ones sense of autonomy. Trouble Managing FinancesStacks of unpaid bills, late payments, or confusion over basic transactions might be signs your parent is struggling with memory-related issues.Your role: Offer to go over finances together, suggest automatic payments, or set reminders. If the issues persist, it might be time for more hands-on help or professional advice. Communication ChallengesAre they struggling to find the right words, follow conversations, or losing interest in talking altogether? While occasional communication lapses are common with age, consistent difficulty with communication may signal something more serious than typical senior moments. These changes can be early signs of cognitive decline and may lead to feelings of frustration, isolation, or withdrawal if not addressed.Offer support: Create a comfortable environment by speaking slowly, allowing extra time for responses, and encouraging conversation without pressure. Comfort Keepers caregivers are specially trained in compassionate, respectful communication techniques that help seniors feel heard and valued. By fostering regular, meaningful interaction, we help your loved one stay socially connected and emotionally engagedkey elements in maintaining cognitive health and overall well-being. What to Do If Youre Concerned About Memory LossIf any of these signs sound familiar, start by documenting what youre noticingdates, behaviors, frequency, and context. This record can be helpful during a visit to your loved ones doctor and provide a clear picture of any changes.Be open and compassionate in your conversations. Express your concerns with love, focusing on their well-being. Involving family members, scheduling a medical evaluation, and asking about cognitive assessments can help you take the right next steps.Starting home care early can be the best option, as it allows for timely support and ensures your loved ones needs are met while promoting independence and dignity. Youre Not Alone, Comfort Keepers Grand Junction Can HelpWatching a loved one struggle with memory loss can be emotional and overwhelming. But you dont have to go through it alone. The earlier you reach out, the more options youll have, whether thats in-home support, memory care services, or simply someone to talk to.At Comfort Keepers Grand Junction, we specialize in Alzheimers and dementia care that goes beyond basic assistance. Our caregivers are trained to support seniors with memory challenges through Interactive Caregiving, our unique approach that emphasizes joy, connection, and engagement in daily life. We believe in doing things with our clients, not just for them, because every senior deserves to feel valued and included no matter where they are on their journey. If youre concerned about a loved ones memory, were here to help. Contact Comfort Keepers Grand Junction today to learn more about how our personalized care plans can bring peace of mind to your family and dignity to those you love.
We are a client-focused elder law and estate planning firm serving all of Colorado. Our attorneys provide the highest quality legal services and professionalism, while representing our clients in a cost-effective manner. Meeting the needs of our elder law clients depends on moving beyond conventional legal work to offering practical assistance in planning, counseling, educating, and advocating for the senior or disabled client and their families. Call Toll Free 1-866-873-6596.
We are a client-focused elder law and estate planning firm serving all of Colorado. Our attorneys provide the highest quality legal services and professionalism, while representing our clients in a cost-effective manner. Meeting the needs of our elder law clients depends on moving beyond conventional legal work to offering practical assistance in planning, counseling, educating, and advocating for the senior or disabled client and their families. Call Toll Free 1-866-873-6596.
We are a client-focused elder law and estate planning firm serving all of Colorado. Our attorneys provide the highest quality legal services and professionalism, while representing our clients in a cost-effective manner. Meeting the needs of our elder law clients depends on moving beyond conventional legal work to offering practical assistance in planning, counseling, educating, and advocating for the senior or disabled client and their families. Call Toll Free 1-866-873-6596.