Gather Important Records:

           Death Certificate (can be provided to probate attorney after initial meeting)

           Social Security Card

           Driver’s License

           Marriage Certificate

           Birth Certificate

           Birth Certificates of Children

           Insurance Policies

           Business Documents and Agreements (consider if the business had a succession     plan – this will be apart from the probate process)

           Auto Titles and Registration

           Deeds & Titles to other Property

           Bank Account Information

           Bank Safe Deposit Box Information (Who can access the box and where is the key?)

           Financial Account Information (stocks & bonds)

           Retirement Account Statements

           Tax Returns (last three years)

           Consider tax filing deadlines for the current year

                       Loan Documents & Debt Information

                      VA Information (discharge papers & VA claim number)

                      Digital Account Information (account information, passwords)

                      Information regarding Intellectual Property Rights

                      Social Media Account Information (access, information & legacy programs)

                      Estate Planning Documents (powers of attorney end upon death)

It is important to consider if any of  the above Assets have Beneficiary Designations.

Locate the Will. There is no formal requirement to file a Will before death.  If you cannot locate the original Will, you should also check with the attorney who prepared the Will – sometimes Attorneys will maintain the original Will.  Other places to look for an original Will include the following: bank safe deposit boxes, safes, gun safes, safe rooms, fire proof boxes and the freezer.  A lot of estate planning & probate attorneys use blue ink to help us determine that the document is an original. Original documents also often have colored jackets.  You should also check with other advisors such as CPAs, tax preparers, financial advisors, and insurance agents.  As mentioned below, at times and in certain circumstances a copy of a Will may be admitted to probate. Consider that a few companies offer digital vaulting of important documents such as Wills.

Review the Will or Trust. In other words, read it.  In Texas, the Will needs to be signed by the testator and be witnessed by two individuals above the age of 14.  I have seen many documents that fail to have all these requirements.  Never assume the Will is valid or invalid, see an attorney.

Every state has their own estate code and tax system.  These systems vary greatly from state to state.  Generally, in Texas, the original Will is admitted to probate, meaning filed with the court and retained within the court files.  However, in certain circumstances, a copy of a Will can be probated. Note, Texas also recognizes the existence of a “Holographic Will,” this Will needs to be “entirely” in the handwriting of a testator and signed.  Just signing a typed document doesn’t count.  Once you locate the Will you should keep it safe because your probate attorney will need to review it at the initial meeting.  Again, never assume the Will is valid or invalid, see an attorney.  You will need an attorney familiar with the probate process to guide you through the best course of action.  You cannot represent yourself in a Texas probate.

Another tip is to keep beneficiaries informed. There is no formal requirement to make a Will public to the beneficiaries by “reading” a Will in Texas.  However, there is a requirement that the beneficiaries be furnished with a copy of the Will.  Your probate attorney will take care of that and other legal requirements.

As always, check with your attorney to decide which method of estate administration is right in your particular circumstance.  It could save you time and money.

The post A Checklist for After the Funeral appeared first on Moak & Moak, P.C. -Attorneys At Law.

Once the immediate shock begins to settle, there are important steps to take in the first few days after someone dies. This is when funeral planning begins in earnest, and when you’ll start navigating the practical and legal side of loss.

Schedule a meeting with the funeral home to discuss arrangements. They will walk you through your options, including burial versus cremation, type of service, casket or urn selection, and timing. Bring a trusted friend or family member for support — and to help you remember details later. Don’t hesitate to ask about pricing for every item; funeral homes are required by law (the FTC Funeral Rule) to provide itemized price lists.

Decide on the type of service that best honors your loved one. Will it be a traditional funeral, a celebration of life, a graveside service, or something else entirely?  Consider their wishes, religious or cultural traditions, and what feels right for your family.

Select songs, hymns, poems, or readings that reflect the personality and life of the person you’ve lost. Music can be one of the most powerful and healing parts of a service.

You will need multiple certified copies of the death certificate, typically 10 to 15. The funeral home handles ordering these from the vital records office. Banks, insurance companies, the Social Security Administration, and many other institutions require original certified copies, not photocopies.

Draft an obituary for your local newspaper and any online platforms. Include the person’s full name, age, date of death, surviving family members, and details about the funeral or memorial service. Many funeral homes will help you write and place the obituary.

If the deceased had a life insurance policy, call the insurance company to begin the claims process. You’ll need the policy number and a certified copy of the death certificate. Life insurance claims can take several weeks to process, so starting early helps ensure funds are available when you need them for funeral costs and other expenses.

The funeral home usually reports the death on your behalf to Social Security. If the deceased was receiving Social Security benefits, those payments must stop. A surviving spouse or dependent children may be eligible for survivor benefits, so ask about this during your call.

Contact the deceased’s bank to report the death and inquire about joint accounts, beneficiary designations, and the process for accessing funds. You may need to present a death certificate. Do not withdraw money from individual accounts before the estate is properly handled, this will create legal complications.

Collect recent bank statements, tax returns, investment account information, mortgage documents, and records of debts or recurring payments.  This will be critical for the executor of the estate and for ensuring bills continue to be paid during the transition period. Check email and physical mail for statements and bills. Redirect the mail to an address that is checked regularly.

If the deceased had a Will, the named executor should begin the probate process. Contact an estate attorney to assist you in making sure all of the legal formalities are followed and addressed. The executor has a legal duty to manage the estate, pay debts, and distribute assets according to the Will, but they don’t have the authority to do so until the Will is reviewed and approved by the court.  If there was no Will, then the process can be much more complicated and an estate attorney can help you negotiate this process much easier because that is what they do.  To see this column and many more on this subject, go to www.moakandmoak.com.

The post What to Do When Someone Dies appeared first on Moak & Moak, P.C. -Attorneys At Law.

In short, the GUIDE program is designed to enhance the quality of life for individuals living with dementia and to support their caregivers. As I stated above, for anyone who has dealt with a loved one suffering from dementia, this is a welcome step in the right direction.  This program provides a range of services aimed at improving care and reducing the need for hospitalizations.

The GUIDE program includes several essential services:

–  24-Hour Helpline: Caregivers can access support at any time, ensuring they have guidance when needed.

–  Care Navigators: Families are assigned navigators to help them find local services and resources.

–  Financial Assistance: Up to $2,500 annually for respite care, which can cover in-home caregivers or adult day care.

The primary objectives of the GUIDE program are:

1) Improve the quality of life for individuals with dementia.

2) Reduce unnecessary hospital visits and emergency department use.

3) Support family caregivers in managing their responsibilities.

The program aims to alleviate the strain on caregivers by providing them with resources and support. This holistic approach not only benefits the individuals with dementia but also enhances the overall caregiving experience, allowing families to maintain a better quality of life.

I believe the 8 scariest words in the English language are “I am here from the government to help.” Additionally, I am hesitant to indorse a test proram, but I believe the GUIDE program could represent an  advancement in dementia care, focusing on comprehensive support for both patients and their caregivers.  By addressing the complex needs of those affected by dementia, the program seeks to create a more sustainable and effective care model.

The post Medicare’s GUIDE Test Program appeared first on Moak & Moak, P.C. -Attorneys At Law.

To avoid such fights, conversations should be started early.  Either the older or the younger generation may initiate this talk, but the idea is to get an idea of who wants what.  To assist in this you should make an inventory of your possessions to discuss with your attorney.  Share the list with family members.

It is also a good idea to have your property appraised.  You can use the local appraisal district’s valuation for real estate, but understand it may not be accurate.  Personal property items, other than automobiles, may be difficult to assign values to, so seek help.  If there is a great disparity in value of items, then you might consider selling them.  Cash is always easier to divide among heirs.

You know your family better than anyone else.  If you know they do not see eye to eye, do not rely on them being able to work together to divide assets.  You will have to divide them or give your executor the ability to do so.  However, please make every effort not to burden your executor with refereeing family disputes.

You might consider including a list of personal property in your Will.  However, be aware your Will becomes a public record and the whole world will be able to see the list.  Talk to your attorney about alternatives to listing items in your Will.

The best way to avoid a fight or conflict is through careful planning, done way ahead of time.  Do not put off until tomorrow what needs to be done today.  Seek the guidance and advice of an attorney who handles estate planning.  There is a good chance he or she will have experience with “sticky” matters and how to best avoid them.

The post STOP INHERITANCE FEUDS BEFORE THEY START appeared first on Moak & Moak, P.C. -Attorneys At Law.

Each state has its own laws regarding estate planning and real estate. Property laws can vary significantly, affecting everything from the way property titles are held to how estates are taxed and probated. Therefore, the first step in planning your estate is to understand the specific laws that apply in each state where you own property. This may require consultation with estate planning attorneys who are licensed in each respective state to ensure all local regulations are met.

One of the primary challenges of owning property in multiple states is the possibility of having to go through multiple probate processes upon death. Probate can be time-consuming and expensive, particularly if it needs to be conducted in several states. To circumvent this, many estate planners recommend placing the out-of-state property in an limited liability company or perhaps a revocable living trust.

While Texas does not have an estate tax, if you own property in multiple states, you might be subject to estate taxes in each of those states, depending on their laws. Some states have higher estate tax thresholds than others, and a few have no estate taxes at all. Planning strategies might include shifting your domicile to a state with more favorable tax laws or restructuring ownership of properties to minimize the tax burden.

It’s also important to consider the impact of capital gains taxes and how they interact with estate taxes. In some cases, keeping property in the family can lead to significant tax advantages over selling it before death. An estate planning attorney can provide guidance on how to best manage these tax implications.

Organize and maintain detailed records for each property, including deeds, mortgage documents, insurance policies, and a list of all maintenance activities. This documentation will be invaluable for the executor of your estate or the trustee managing the trust.

As laws change and your personal circumstances evolve, so too should your estate plan. Regular reviews and updates will help ensure that your estate plan continues to reflect your wishes and adapts to any new laws or changes in your asset portfolio.

If your estate plan is complex, consider holding a family meeting to discuss your plans and the responsibilities each family member may have. This can help prevent confusion and conflict after your passing, ensuring everyone understands your intentions and the legal landscape.

Owing property in multiple states adds a layer of complexity to estate planning, but with careful preparation and expert advice, you can ensure that your estate is handled smoothly. Limited liability companies, trusts, strategic tax planning, and regular updates are key components of an effective multi-state estate strategy. Consulting with professionals who understand the nuances of multi-state estate planning will provide peace of mind, knowing that your legacy is secure and your wishes will be honored.

The post Ownership of Out of State Property in Estate Planning appeared first on Moak & Moak, P.C. -Attorneys At Law.

Annual Fee Payments and Information Updates:

Maintaining your business entity in Texas starts with ensuring all annual fee payments are up to date and that your company’s information accurately reflects any recent changes.  This process is not merely administrative but foundational to your business’s legal and operational health.  It involves a detailed review and potential update of addresses, management structures, or business operations.  This step is crucial as it lays the groundwork for legal compliance and smooth business functioning.  It requires careful attention to detail, a thorough understanding of state requirements, and a systematic approach to reviewing and updating records.  At a minimum, corporations and LLC’s (business entity/s) must hold and document one annual meeting of the Officers and one annual meeting of the shareholders/membership each year. Consider consulting professionals to ensure nothing is overlooked.

Managing the Governing Bylaws or Operating Agreement:

This is part of your annual meetings for officers and shareholder/members.  The Governing Bylaws or Operating Agreement of your business entity sets forth the rules and procedures for internal governance, including management structure and financial arrangements. Changes within your business entity, such as shifts in membership or management roles, necessitate updates to this agreement.  This step is about ensuring that the operating agreement remains an accurate, current reflection of how your business entity functions and is governed.  It’s a task that requires internal consensus, legal knowledge, and strategic foresight.  Properly maintaining this document ensures that all members understand their rights and responsibilities, helping to prevent conflicts and confusion.

Appointing a Registered Agent:

Selecting a reliable registered agent is a legal requirement in Texas and a critical step in maintaining your business entity.  This agent is your business’s official contact for all legal and state communications, including service of process and tax notifications.  The choice of a registered agent is strategic and significant, as they ensure that you receive important legal documents promptly and keep your business compliant with state laws.  For businesses with home offices outside Texas, many services provide a registered agent to meet this requirement.  This step is about securing a dependable intermediary between your business and the state, ensuring that you remain informed and responsive to legal matters.

Filing Business Privilege Tax Returns and Annual Reports:

Annually, your business entity must file Business Tax Returns by April 15th.  These documents are critical in providing a comprehensive overview of your financial and operational status, helping the state assess taxes and verify compliance.  This process requires a meticulous compilation of financial records, an understanding of your business activities over the past year, and often consultation with financial advisors to ensure accuracy and completeness.  It’s a step that underscores your business entity’s transparency and accountability, affecting your legal standing and financial health.  Late submissions can result in penalties, emphasizing the importance of timeliness and precision in this process.

This step goes beyond simply issuing payment; it involves a deep understanding of your financial obligations to the state, which can vary based on factors such as income and assets.  It requires careful financial review, planning, and budgeting to ensure all obligations are met fully and on time.  Misunderstandings or under payments can lead to penalties, making it crucial to allocate sufficient time and resources to this task.  This step is not just about financial compliance but about strategic financial management and planning for your business entity’s future.

Maintaining State Records:

Your business entity’s involves updating any changes in your business entity, such as modifications in ownership, address, or management.  This must be reflected in an updated report to the state.  This step is about ensuring that your business’s legal document accurately represents its current structure and operations.  It’s a task that requires a keen understanding of how structural changes impact your legal obligations and an attention to detail in documenting those changes.  Keeping this information current is essential for legal transparency and operational clarity.

Handling Licenses and Permits:

Depending on the nature of your business and its location, various licenses and permits are required to operate legally.  This step involves identifying, obtaining, and regularly renewing all necessary licenses and permits.  It’s a task that requires staying informed about local, state, and federal regulations and understanding how they apply to your business activities.  Regular reviews and renewals are necessary to avoid lapses that could lead to legal troubles or business interruptions.  This step is critical in maintaining the legality and integrity of your business operations.

Registering a Business Entity with a Doing Business As Form:

If your business operates under a name different from its legal name, registering a ‘Doing Business As’ (DBA) name is necessary.  This step allows your business the flexibility to engage in the market under a name that best suits your brand or operational focus. It involves understanding the state’s requirements for DBA registration and maintaining this registration as needed.  While it doesn’t change the legal structure of your business entity, it’s an important aspect of your business’s public identity and marketing strategy.  Proper management of your DBA ensures that your business can operate and be recognized under its preferred name.

Navigating the complexities of maintaining an corporation or LLC in Texas can be challenging.  Seeking professional consultation is a crucial step in this process.  Whether it’s legal advisors, financial experts, or business consultants, professional guidance can provide clarity, ensure compliance, and offer strategic insights for your business’s growth and stability.  This step involves identifying the areas where professional advice is needed, selecting the right experts, and integrating their recommendations into your business practices.  It’s an investment in your business entity’s compliance, stability, and future success.  Leveraging expertise helps you navigate complexities and make informed decisions, ensuring that each step in maintaining your business entity is well-informed and strategically sound.

The post MAINTAINING YOUR BUSINESS’ LEGAL STATUS appeared first on Moak & Moak, P.C. -Attorneys At Law.

Filing out an out-of-hospital “Do Not Resuscitate” form for your loved one is part of bringing in hospice to provide  extra care.  When hospice comes in curative care stops and comfort care begins.  This is not an easy task to undertake for a loved one.

Many hold off signing an out of hospital do not resuscitate form because as someone goes down a path with no off-ramps, there could be times when resuscitation makes sense. Then there comes that day when you just need to accept those times are past; that if we have not reached the end, we can see it from here.

Advanced directives are designed to provide both guidance and comfort for those around someone who is nearing death, not to mention fulfilling the wishes of the one dying.  Without having real conversations about this issue, you might not have that comfort.  When you make a decision that basically accepts death as opposed to hope for life, it is hard, no matter how prepared for it you think you are.  You come to realize this in conversations with others, particularly where maybe not all family members are accepting of the finality.

Most of us have an extended family and most of them are not “on the ground” with us the last few months are days we live.  It is important that when the decision about the end of life is made, all of the close family is on board.  Some extended family may not be, but , it is none of their business. Respect and courtesy says you inform them, but when it comes down the decision time, it’s up to the person legally designated to make that decision. Talk to whomever you want, but in the end, it will be who you choose to share information that matters.  That is why it is important to really talk about the end of life when everyone is healthy and sound of mind. Such a conversation will provide a lasting memory and hopefully comfort.

I can not tell you how many unbilled hours this sweet lady spent with families, holding their hands and guiding them.  These memories came back to me reading her husband’s letter on this challenging time of life.

During these conversations you must be very clear with each other about what you want.  For instance, I have had many clients recount when a loved one had a feeding tube installed and that person had no hope of recovery. Often followed by the statement “if you stick one of those down my throat, I will come back and haunt you.”

When one is suffering from something like frontal temporal dementia, which can impact swallowing at some point, just remembering those conversations gives comfort as you are making that particular decision.

When you have these conversations, sitting at the kitchen table or on the patio, you are not thinking about the time you will have to make decisions about life or death. Most believe they will live long lives then fall over dead without a lot of complications.  However, life does not turn out that way.

This one hit close to home because my co-worker was such a sweet lady.  It reminded me of my father’s journey at the end.  Help your loved ones by communicating and making the decisions for them and then consult with an attorney to help you.  These documents are very important and you cannot afford to leave an I un-dotted or a T un-crossed.

The post Conversations about the End of Life appeared first on Moak & Moak, P.C. -Attorneys At Law.

Another common thought is that I can just do this myself.  With the internet comes a vast amount of information and tools.  However, a person may not practice law in the State of Texas unless they are licensed by the State Bar of Texas per Section 81.102 of the Texas Government Code.  In fact, the unauthorized practice of law is prohibited by Section 81.106 of the Texas Government Code.  There will always be the shadetree “lawyer” who is going to do it himself or herself.  Most of these homegrown documents or instruments end up creating problems that cost more in the long run.

While the traditional tools work very well at accomplishing their designated tasks, you might be surprised to learn that they are not the only tools available for estate planning.  Depending on your particular assets and desires, then the use of a limited partnership, limited liability company, corporation may be right for the situation.

All of the business entities mentioned above are common when a business is owned by different individuals.  While the primary purpose for forming one of these business entities is for liability protection, they also provide for a means to manage the business and eventually shift ownership.

Limited partnerships have general and limited partners, the general partner(s) are responsible for management and decision making.  The limited partners are investors or owners with no management or decision making authority.

Limited liability companies and corporations have either membership holders or shareholders.  Typically the membership/shareholder(s) elect the officers who are responsible for management or decision making.  Thus, the membership/shareholder(s) with the greater number of membership interests or shares control.

The interests in all of these forms of business entities are something that can be transferred over time, therefore making a perfect vehicle for parents or grandparents to maintain control over assets owned by the business entity until they pass away or are ready to shift the majority of the ownership over to the next generation for control.  An additional benefit is that the family also has liability protection. So, using a family owned ranch/farm for example, if one family member is sued or found liable in some accident, then the assets of the other family members in ranching/farming business with them are not susceptible to being taken.  Another benefit is that incidents such as incapacity, death or divorce, can be addressed in the governing documents.  This means that should one of these events occur, there is a plan for how the property owned by the business entity is transferred.

If you are thinking of working on your estate plan, then perhaps one of these business entities is right for you.  Or maybe you are a candidate for a more traditional plan.  In either case, you should sit down with an attorney familiar with traditional plans and business entities to find out what estate plan is best for your needs.

The post Estate Planning with Business Entities appeared first on Moak & Moak, P.C. -Attorneys At Law.

Don’t let this happen to you and your family.  For your own peace of mind, read on to understand the basics of Medicaid planning and secure eligibility for long-term care benefits for the elderly.

What is Medicaid for Seniors?

Medicaid provides Texas’ poorest seniors with vital health insurance coverage and a safety net for long-term care when they have exhausted their own financial resources.

How is Medicaid different from Medicare?

Medicaid is a state program while Medicare is a federal health insurance benefit. Medicare covers many healthcare expenses including in-patient and out-patient care, and prescription drug coverage. It does not, however, cover long-term elderly care unlike Medicaid.

Medicaid is designed to provide comprehensive health care coverage for low-income seniors, children and people with disabilities. But you don’t have to be necessarily impoverished to become eligible for its benefits. In fact, many middle-class seniors rely on Medicaid to afford long-term care.

Monthly nursing home bills average between $7,500 to $12,500 a month in Texas. These costs could drive even seniors with a sizable income to financial ruin within months from entering a nursing home.

Thankfully, there are provisions within Medicaid that allow you to protect your assets, secure a financial cushion and still be able to qualify for its long-term care benefits.

How can you become eligible for Medicaid?

In demonstrating eligibility for Medicaid’s long-term care benefits, two things matter – your assets and your income. Understanding Medicaid’s prescribed limits will guide you with your planning.

Medicaid determines eligibility by assessing the value of your assets. Most assets such as bank accounts, stocks and bonds, real estate, cars and boats, and some trusts are considered countable assets. Below is a short list of assets that are exempt from being “counted”:

– Your home or your principal place of residence

– Your personal belongings such as clothing, jewelry, furniture and other household items

– Your one motor vehicle or your primary mode of transportation

– Your prepaid funeral plan

– Your life insurance policy

– Other assets deemed “inaccessible” because they are protected by a will or a trust

Medicaid’s 2020 guidelines state that a nursing home resident should have no more than $2000 in countable assets. A resident’s spouse who does not live in a nursing home can keep half of the joint countable assets with a maximum total value of $128,640.

Income Limits

Medicaid sets income limits to nursing home residents and their spouses. As of 2020, a nursing home resident and their spouse is allowed to have $35 each per month. The excess monthly income is paid to the nursing home to cover the cost of care.

Ideally, you should secure your eligibility for Medicaid long before you step foot in a nursing home. Pre-need Medicakd Planning anticipates the need for nursing home care in the future while you’re healthy.

An effective strategy in Pre-need Medicaid Planning is a long term care insurance policy.  This allows you to avoid the Medicaid system altogether and remain in your home.  The ideal age to begin this planning is 60 years of age.  You should sit down with your insurance agent and have them look for plans that provide coverage should you need assistance.

Another possibility is an Irrevocable Trust.  That means a trust that cannot be changed after it is created. It works by protecting your income and assets from being “counted” by Medicaid. In an Irrevocable Trust, your assets are owned by the Trust and not by you as an individual. Minimizing your countable assets allows you to qualify for Medicaid benefits when the need arises.

But not all Irrevocable Trusts meet Medicaid’s guidelines. For example, if your spouse is receiving payments from the Trust, then a portion of it would be considered “countable” and possibly disqualify you from Medicaid.

If your loved one suddenly falls ill and the doctor tells you that they will be needing full-time care in a nursing home, what do you do? Is it too late for MedicaidPlanning?

Where can you go for help with Medicaid Planning?

Engaging a legal professional can help you secure Medicaid benefits to mitigate the cost of expensive long-term care. They should be able to help you navigate the complexities of estate planning and elder law and ensure that you have the best Medicaid strategy in place.

The post Medicaid Planning in Texas appeared first on Moak & Moak, P.C. -Attorneys At Law.

Planning for the future can be overwhelming, but creating a care plan is one place to start for a family dealing with a member who has a special need or disability.  Your loved one might qualify for local or federal benefits and you might be able to save for their needs in a tax-advantaged ABLE account.

When you have a family member with special needs, you think about so many things all at once that future planning often gets shunted aside in favor of getting through today. But most of the challenges you face are not temporary. So when you are ready, you might consider thinking through the whole life cycle of help that is ahead of you.

A good test for when you need to do advanced financial planning for an individual with special needs is if you anticipate them needing assistance caring for themselves through adulthood. When you determine the severity of the need, you can then figure out what level of local and federal benefits are involved. For long-term planning, many familes consider a trust for an individual with special needs or a disability.

It can be hard for families to look far down the road and think about what happens when primary caregivers are no longer able to care for their loved one, but setting up for the future can prevent mistakes later on that could negatively impact benefits and cause conflict.

For instance, it may not be a good idea to list a person with special needs as the beneficiary on a parent’s financial and retirement accounts. If the assets go to the child, that could interfere with their ability to receive Social Security income for disability benefits.

There are several types of trusts that many families establish for the benefit of individuals with special needs. One of the most common is a third-party special needs trust, which is created by someone who wants to leave money for a dependent with special needs but doesn’t want that person to lose out on government benefits. The trust can be established by a Will or created during the benefactor’s lifetime. The creators of the trust appoint a trustee who has discretion over when and how funds are distributed. The trustee cannot distribute money directly to the dependent, but they can pay for certain items and services not covered by the dependent’s monthly Supplemental Security Income (SSI) for disability. Upon the death of the dependent, whatever assets are left in the trust can be distributed according to the creator’s wishes as specified in the terms of the trust.

All estate plans need to evolve over time to keep pace with changes in people’s lives and financial situations. Each of these types of trusts come with their own benefits and limitations. Whether a special needs trust is an appropriate solution and, if so, which type is best suited for your particular situation and that of your loved one, is best discussed with an experienced attorney. And no matter which type you choose, try to build some flexibility into your plan. To make sure your plan stays current, review it every 3 to 5 years, or whenever your life or your family changes in a major way. That way you can be confident that your loved ones will be cared for when you’re no longer here to look after them financially.

The post Estate Planning for Families of Special Needs Children appeared first on Moak & Moak, P.C. -Attorneys At Law.