Why Young Individuals Need Planning as Much as Older Adults

Author

Bellomo & Associates

For more information about the author, click to view their website: Bellomo & Associates

Posted on

Sep 22, 2023

Book/Edition

Pennsylvania - South Central PA

Share This

There is definitely a false belief that estate planning and elder law are only for individuals who are elderly and who have amassed a ton of wealth.  Certainly, individuals in that category absolutely need to plan, but that does not mean that younger individuals should not also put a plan in place ahead of time.

When an individual reaches the age of majority, which is 18 in the Commonwealth of Pennsylvania, they are presumed to be able to make decisions for themselves and not need the assistance of anyone at that point.  Oftentimes, young adults don't realize that once they turn 18, getting a financial power of attorney, medical power of attorney, and Last Will and Testament can be absolutely necessary.

Many of our clients are college students, going away without mom or dad for the first time, and somewhere within the first couple of years, they either end up at the hospital or they end up asking mom and dad to call the school to ask questions about billing or something else.  To their surprise, their parents are no longer able to just make decisions because they are over 18 and are expected to be adults.

We recommend that all college students going off to school enter into a power of attorney providing the authority for the parents to be able to make their healthcare and financial decisions if need be.  If nothing else, allowing the parents to be able to call the school or other institutions and ask questions.  This is often overlooked by many parents and can cause a lot of heartbreak and stress if their child is injured or in need of assistance.

Although most college students and young individuals have not amassed a ton of wealth, having the document in place specifying who is going to receive the assets and who will be the individual responsible for carrying out those wishes (executor) can often save lots of heartbreak.  Yes, it is true that the Commonwealth of Pennsylvania has a statute called intestate succession which does provide what would happen to assets if an individual dies, but oftentimes it is not what a person would want.

The intestate succession rules are archaic and old and do not necessarily follow the wishes of a current situation.  For example, we recently had a problem where the parents who are estranged had to administer the estate of their daughter who passed away.  The emotional toll that it took on the parents and the family for them having to put up with each other was undoubtedly probably not what the daughter wanted and had she had her wishes in place it would have eliminated not only the heartache of losing a child but them having to fight and remind each other every day of why they were divorced in the first place.

We also recommend that young adults have documents that are properly put in place (so that others can get access to digital assets).  Digital assets often include photos and videos, electronic media, stored data, apps, etc.  Young adults are typically ones who have proportionately more of these than others, and if the power of attorney or the Last Will and Testament does not provide for that, it can cause lots of time delays and issues.

Hopefully, this article was able to express the need for individuals to have planning in place, particularly young adults who often don't think that it is necessary. If you would like further information or would like to learn more about the content in this blog, please contact our office at (717) 845-5390

Other Articles You May Like

Estate Plan Check-Ups

Estate Plan Check-UpsEffective estate planning is personal, and its more than just deciding who to leave your assets to once you die.  Effective estate planning  is a comprehensive process that encompasses pre-need planning: health care decisions, financial management, and maintaining a delicate balance between independence and security.  Like your preventive doctor visits, you should regularly check in on your estate plan to ensure it fits your current needs, considers and plans for potential future care needs, and will give effect to your wishes now and in the future. Generally, estate planning involves creating a last will and testament, possibly a revocable trust, possibly an asset protection trust or a supplemental needs trust for a loved one who is unable to manage finances or may be vulnerable to abuse or exploitation.  Estate planning also involves important advanced directives, such as a durable financial power of attorney, a health care power of attorney, and a living will.   Creating an estate plan, or getting my affairs in order, tends to be an item on our to-do lists, for us to get done and move on to the next thing. However, while it may not be something you have to look at every month, or even every year, once your initial estate plan is completed, it is something that needs to be reviewed with some regularity.Most people get an annual physical when they are healthy, not when they are sick. They do this because they want to proactively spot any issues that could cause them to become ill in the future. The same concept can and should be applied when it comes to reviewing and updating your estate plan. Your estate plan may be healthy now, but you want to make sure that it stays that way by checking it regularly, to ensure it fits your needs and family circumstances, protects and provides for you now, and  accomplishes your goals and wishes in the future. Editors Note: This article is for informational purposes only and is not intended to be legal advice.  This article was submitted by Ashley Day, Esq.  Ashley Day Law, LLC.  Reach her at 251-277-3377. 

Nurturing Harmony in Caregiving: Open Communication and Conflict Prevention

Caring for aging parents involves crucial decisions regarding who will provide the necessary care and in what setting. However, these decisions can often give rise to conflicts among family members, particularly when one sibling assumes the role of primary caregiver. Through our work with clients and families, we frequently encounter these stressful and emotionally charged situations, creating a perfect storm for family disputes and distress.Reflecting on recent consultations with families, it becomes apparent that a key factor contributing to conflicts is the failure of aging parents to openly express their wishes and expectations regarding potential scenarios. When parents do not communicate their desires early and consistently, adult children are left to speculate about their parents preferences, leading to differences of opinion and sibling conflicts. To prevent such difficulties, we urge you to initiate conversations with your adult children about what if scenarios and discuss your wishes and preferences openly. This proactive effort can serve as your conflict prevention plan, saving you and your loved ones from engaging in conflict resolution in the future.In situations where a family member becomes a paid caregiver, it is essential to establish a formal caregiver agreement. This agreement serves multiple purposes, including clarifying the financial aspects of the care being provided. By having a caregiver agreement in place, you can prevent misunderstandings and promote a harmonious caregiving environment within your family. It ensures that everyone is on the same page and understands the expectations and parameters involved.Above all, open and honest communication is the key to fostering understanding and preventing conflicts among family members. We strongly recommend engaging in conversations early and frequently to address concerns, preferences, and potential challenges that may arise in caregiving situations. By doing so, you can promote a supportive and respectful environment where everyones needs are acknowledged and considered.At Bellomo & Associates, we believe in nurturing harmony within families facing caregiving challenges. Our experienced team is dedicated to providing comprehensive estate planning and elder law services that cater to your unique circumstances. Start the conversation with your adult children today, discussing your wishes, expectations, and potential what if scenarios. Visit our website to learn more about how we can support you and register for our free educational workshop. Let us help you pave the way for peaceful resolutions and a smoother caregiving journey.

Dealing with Deed Spam Mail

Have you recently purchased a home or made any changes to your propertys deed? Have you received an unexpected letter offering a copy of your deed for a fee? If so, youve likely encountered spam mail.Theres a company known as Land Solutions based in California that sends out Recorder of Deed Notices to individuals with newly recorded deeds. These notices claim that you can obtain a copy of your deed for a service fee of $109.00. Since the transfer of a deed is a matter of public record, they can easily access your name, address, and property information. While what theyre doing may not be a scam, we prefer to refer to it as spam. The truth is, the party responsible for transferring the deed, or even your local recorder of deeds, can provide you with a copy for a small fee or sometimes even for free. Theres no need to pay a separate company for this service.At Bellomo & Associates, many of our clients have received this type of letter, and we are delighted that they reached out to us before paying an unnecessary fee for a document we already possess on their behalf.When you receive such correspondence after making any changes, its crucial to research the company that sent it, reach out to the parties you were working with, and carefully read the fine print. In the case of these specific notices, the fine print typically states that it is not a bill but a solicitation, and you are not legally obligated to pay the amount requested.Together, we can minimize the impact of spam by working collectively and staying informed.  

Local Services By This Author

Bellomo & Associates

Estate Planning 3198 E Market St, York, Pennsylvania, 17402

We Educate so what happened to the Bellomo Family doesn't happen to yours!Our firms mission is to ensure that you and your family never needlessly, painfully suffer. Every team member has a personal story that has brought us here to advocate for you and your family. We want to replace your burden with peace of mind. We have the answers, but more important, we have your back.Bellomo & Associates, LLC advises Individuals and families, business owners, senior citizens, and their families about the estate planning and elder law challenges facing them today. For seniors and their families facing the issues of aging, or for those of any age who wish to protect their familys financial future, we counsel clients and provide solutions on Asset Protection; Specials Needs Trusts; Wills; Trust Design; Medicaid; Estate Planning; Nursing Home Matters; and Estate Administration. For our clients who own businesses, our team assists them with succession planning for their business in conjunction with their estate planning.  We have office locations in York, PA, and Lancaster, PA.We offer FREE workshops!  Our workshops are fun and entertaining ways to learn! We provide you with the information to decide what is right for you. If after attending, you decide we arent the right fit no problem! Youll never feel any pressure from our team.