We can assist you to execute a comprehensive estate plan including durable power of attorney, health care proxy, living will, last will and testament, revocable and irrevocable trusts and supplemental needs trust. Each plan will be individually tailored to meet your specific estate needs.
TRUSTS
We can help you decide if a trust is the right planning vehicle for you.
SUPPLEMENTAL NEEDS TRUST FOR YOUR DISABLED CHILD OR FAMILY MEMBER
To assure that your child has resources to pay for his/her care in the future, you should consider one of the following planning options:
- Third-party Supplemental Needs Trust. This trust is set up with assets that do not belong to your child.
- Sole-Benefit Supplemental Needs Trust. This Trust is set up for the sole benefit of your disabled child with assets that do not belong to your child.
- Pooled Trust. This trust is managed by an organization. Your child’s asset will fund this trust. Upon your child’s demise, the remaining assets will be left to the organization.
- Special Needs Trust. This trust is funded by your child’s assets. Medicaid (Department of Social Services) is the primary beneficiary and will be reimbursed for benefits rendered to your child.
REVOCABLE TRUST
Some of the benefits of titling your assets to a revocable trust are:
- Management your assets and income.
- Designation of a successor trustee to manage your assets, in the event you are unable or unwilling to manage yourself.
- Access to income and principal.
- Avoidance of probate.
- No gift tax consequences upon the funding of the trust.
- Consequence: NO MEDICAID PROTECTION for the assets titled to a revocable trust.
IRREVOCABLE INCOME ONLY TRUST
One of the primary benefits of titling your assets to an irrevocable trust is MEDICAID PROTECTION.
- Assets will be protected either within five years or the end of the penalty period, whichever is shorter.
- You will choose a trustee to manage the assets in the trust.
- You may receive the income from the trust but will not have direct access to the trust principal.
- You can control the ultimate distribution of the trust assets.
- Trust assets will avoid probate.
- Trust income is taxed to you.
- No gift tax consequences upon the funding of the trust.
LAST WILL AND TESTAMENT
Did you know that only your probate assets pass under the terms of your Will?
Assets that are titled with a beneficiary, survivorship, in trust for, or pay on death designation will pass automatically to the designated person by operation of law. These assets are non-probate assets and do not get probated in accordance with the terms of your will.
Despite this fact, it is important to execute a will if:
- You own any probate assets and you want to provide for the disposition of your assets, appoint executors and trustees and provide for minor children.
- If you want to protect your spouse in the event that he/she is in need of long term care.
- If any beneficiary is or may become disabled and require government assistance.
- If based upon the value of your estate, you may have estate tax consequences upon your demise.