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Asset Planning

Wednesday, September 26, 2018

It Will Be More Difficult to Obtain VA Aid and Attendance Benefits

VA pension benefits, also known as Aid and Attendance, are an important resource for wartime veterans and their surviving spouses who have high home care and assisted living costs.
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Wednesday, August 29, 2018

Long-term Care Insruance


Long-term care insurance is very beneficial for the elderly or disabled person who need will services or support to meet their personal care or health needs. However, it is important to understand long-term care insurance before the time comes when the benefits are needed. Unfortunately, many people wait and then miss out on what long-term care insurance can offer.

Should I get long-term care insurance?

There are a few things to consider before you go out and purchase long-term care insurance. First, consider your age.
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Tuesday, February 7, 2017

The Basics of Asset Protection Planning

Asset protection is a wealth strategy that helps you protect your assets from creditor claims. It is useful for both individuals and businesses. Proper planning can prevent creditors from having access to some of your most valuable or precious assets. It is often used in conjunction with an estate plan because many of the tools used for asset protection planning are also estate planning tools.

Some clients become uneasy about the idea of asset protection planning because they assume that moving your valuables to avoid creditors is illegal.


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Monday, January 30, 2017

Retirement Planning for Older Parents of with Special Needs Children

What are the particulars of long-term planning for children with special needs?

Regardless of family income level, parents with special needs children have to think seriously about how the long-term requirements of their children will be met after their parents pass away. This is by no means an uncommon problem. One in five Americans has a disability and, according to the National Disability Institute, 20 million families have at least one family member who is disabled. The lifetime costs for caring for individuals with disabilities can be staggering. Disabilities like spina bifida, cerebral palsy, severe mental impairment, and autism can cost more than $2 million over the course of a lifetime.


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Monday, January 23, 2017

Responsibilities and Obligations of the Executor/ Administrator


When a person dies with a will in place, an executor is named as the responsible individual for winding down the decedent's affairs. In situations in which a will has not been prepared, the probate court will appoint an administrator. Whether you have been named  as an executor or administrator, the role comes with certain responsibilities including taking charge of the decedent's assets, notifying beneficiaries and creditors, paying the estate's debts and distributing the property to the beneficiaries.

In some cases, an executor may also be a beneficiary of the will, however he or she must act fairly and in accordance with the provisions of the will. An executor is specifically responsible for:

  • Finding a copy of the will and filing it with the appropriate state court

  • Informing third parties, such as banks and other account holders, of the person’s death

  • Locating assets and identifying debts

  • Providing the court with an inventory of these assets and debts

  • Maintaining any assets until they are disposed of

  • Disposing of assets either through distribution or sale

  • Satisfying any debts

  • Appearing in court on behalf of the estate

Depending on the size of the estate and the way in which the decedent's assets were titled, the will may need to be probated.


Read more . . .


Monday, December 26, 2016

Disinheritance


Inheritance laws involve legal rights to property after a death and such laws differ from state-to-state.   Heirs usually consist of close family members and exclude estranged relatives.  Depending on the wording of a will, an individual can be intentionally, or even unintentionally, disinherited.

In most cases, spouses may not be legally disinherited.  Certain contracts, however, allow for a legitimate disinheritance, such as prenuptial agreements or postnuptial agreements.


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Monday, December 5, 2016

The Revocable Living Trust


There are many benefits to a revocable living trust that are not available in a will.  An individual can choose to have one or both, and an attorney can best clarify the advantages of each.  If the person engaged in planning his or her estate wants to retain the ability to change or rescind the document, the living trust is probably the best option since it is revocable.

The document is called a “living” trust because it is applicable throughout one's lifetime.  Another individual or entity, such as a bank, can be appointed as trustee to manage and protect assets and to distribute assets to beneficiaries upon one's death.
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Monday, July 25, 2016

How to Calculate Estate Tax


In order to predict how much your estate will have to pay in taxes, one must first determine the value of the estate. To determine this, many assets might have to be appraised at fair market value. The estate includes all assets including real estate, cash, securities, stocks, bonds, business interests, loans receivable, furnishings, jewelry, and other valuables.

Once your net worth is established, you can subtract liabilities like mortgages, credit cards, other legitimate debts, funeral expenses, medical bills, and the administrative cost to settle your estate including attorney, accounting and appraisal fees, storage and shipping fees, insurances, and court fees. The administrative expenses will likely total roughly 5% of the total estate.
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Monday, July 4, 2016

When is a person unfit to make a will?


Testamentary capacity refers to a person’s ability to understand and execute a will. As a general rule, most people who are over the age of eighteen are thought to be competent to make and sign the will. They must be able to understand that they are signing the will, they must understand the nature of the property being affected by the will, and they must remember and understand who is affected by the will. These are simple burdens to meet. However, there are a number of reasons a person might challenge a will based on testamentary capacity.
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Monday, May 16, 2016

Is There Anyway a Disinherited Child Could Receive an Inheritance From an Estate?


If your estate plan and related documents are properly and carefully drafted, it is highly unlikely that the court will disregard your wishes and award the excluded child an inheritance.  As unlikely as it may be, there are certain situations where this child could end up receiving an inheritance depending upon a variety of factors.

To understand how a disinherited child could benefit, you must understand how assets pass after death.  How a particular asset passes at death depends upon the type of asset and how it is titled. For example, a jointly titled asset will pass to the surviving joint owner regardless of what a will or a trust says.
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Monday, May 9, 2016

The Rule against Perpetuities


The law allows a person preparing a will to have almost complete control over his or her assets after the testator passes on, but there are limits to such power. A person can restrict a property from being sold, or make sure that it is used for a specific purpose. A property can be bequeathed to a family member as long on condition that the person maintains the family business in a specific city, or exercises daily, or places flowers on the deceased's grave every week, or engages in any other behavior the testator desires. This freedom, however, is not without limits. The time limit on this ability is called the rule against perpetuities.
Read more . . .


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Elder Law, Estate Planning, and Probate attorney Andrew Byers helps people in Troy, MI and throughout Oakland County, MI including Royal Oak, Clawson, Berkley, Huntington Woods, Rochester Hills, as well as throughout the metro Detroit area, including Macomb County and Wayne County, Michigan.



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