Posts Categorized: Trusts

Mental Health Considerations in Estate Planning

by Tara Cheever ~ Attorney at Law November 29, 2021 Estate Planning, Trusts, Wills

Saying that America is dealing with a mental health crisis is not an exaggeration. According to the National Alliance on Mental Illness, approximately 20 percent of US adults experience mental illness, including 1 in 20 who experience serious mental illness, and 17 percent of American youth experience a mental health disorder. 

The mental health crisis has worsened during the coronavirus pandemic. Loneliness and isolation are fueling increases in anxiety, depression, and thoughts of suicide and self-harm report Mental Health America. More people are seeking mental health screening and treatment, but around 23 percent of Americans with mental illness are still not receiving the services they need. READ MORE

Questions First Responders Must Consider to Best Protect Their Loved Ones

by Tara Cheever ~ Attorney at Law November 19, 2021 Asset Protection, Estate Planning, Healthcare, Power of Attorney, Trust Administration & Probate, Trusts, Wills

Being unable to work or make decisions for yourself can seem like an unimaginable scenario. You spend your time coming to other people’s rescue, so it may be difficult for you to imagine a time when you might need help or rescue. However, such things happen to people every day. To best protect yourself and your loved ones, there are a few things you should consider.

Disability insurance allows you to supplement some of or all your income (depending on your level of coverage) while you cannot work. With the proper range in place, you know that, should you be injured, you and your loved ones will still have money coming in to support you. If you have no disability insurance or are concerned that its coverage is insufficient, consider reaching out to an insurance agent to review your current situation and future needs expertly. READ MORE

Think You Are Too Young to Need An Estate Plan? Think Again

by Tara Cheever ~ Attorney at Law November 16, 2021 Estate Planning, Trusts, Wills

All adults over age 18 should have some basic estate planning documents in place. And this is true regardless of how much money you have, whether you are married or single, and whether or not you have kids. On that note, if you are an adult of any age and the pandemic didn’t inspire you to create your estate plan, here are four reasons why you shouldn’t wait another day to get your plan started.

Most people assume estate planning only comes into play when they die, but that’s dead wrong – pun fully intended. Although planning for your eventual death is a big part of the process, it’s just as important – if not more so – to plan for your potential incapacity due to a severe accident or illness. READ MORE

Estate Planning Must-Haves for Parents – Even If You Have Legal Documents

by Tara Cheever ~ Attorney at Law November 9, 2021 Estate Planning, Guardians for Minor Children, Special Needs Trust, Trusts

A comprehensive estate plan can protect the things that matter most. For many, this means their property and their family.

When naming a legal guardian for your minor children, there are many factors to consider, such as whether the guardian has similar values to yours or can provide a welcoming home environment. But the most challenging decisions are often the most important. Consider the outcome if you died without having legal protections for your children in place. Your children could be subject to conflict between relatives, or they could be raised by someone you would never want or in a way you wouldn’t want. They could even temporarily be taken into the care of strangers. READ MORE

Why You Need a Trust – Even if You Aren’t Rich

by Tara Cheever ~ Attorney at Law October 19, 2021 Estate Planning, Trusts

When you hear the words, “trust fund,” do you conjure up images of stately mansions and party yachts? A trust fund – or trust – is actually a great estate planning tool for many people with a wide range of incomes who want to accomplish a specific purpose with their money.

Simply put, a trust is just a vehicle used to transfer assets, and trusts are especially useful for parents of minor children as well as those who wish to spare their beneficiaries the hassle of going to Court in the event of their incapacity or death.

And why would you want to keep your family out of court (known as avoiding probate)? READ MORE

Estate Planning Must-Haves For Single Parents

by Tara Cheever ~ Attorney at Law September 16, 2021 Estate Planning, Healthcare, Trusts, Wills

Having an estate plan that covers the care of your children in case you should be in a severe accident, fall ill, or die welcomes peace of mind for the single parent knowing everything and everyone they love is taken care of.  Here are the must-haves that can protect your children if something were to ever happen to you: READ MORE

Legendary Rapper DMX Dies With No Will, Millions in Debt, and 15 Children – Part 2

by Tara Cheever ~ Attorney at Law September 7, 2021 Estate Planning, Healthcare, Tax, Trusts

As we reported last week in part one, Legendary hip hop artist DMX born Earl Simmons passed away on April 9 at age 50 after suffering a massive heart attack a week earlier at his home in White Plains, New York. The heart attack was reportedly triggered by a cocaine overdose on April 2, which left the rapper hospitalized in a coma. After a week of lingering in a vegetative state, his family made the decision to remove him from life support.

Although DMX was wildly successful in both music and movies, the rap icon experienced serious legal and financial problems, along with frequent issues with drug addiction throughout his career. Having fathered 15 children with nine different women, DMX’s money issues largely stemmed from unpaid child support, but he also failed to pay income taxes, and both of these issues would land the rapper in prison and rehab on more than one occasion.

The saddest part of this whole situation is that virtually all of the conflict, expense, and trauma that DMX’s loved ones are likely to endure could have been easily prevented with straightforward estate planning. Using revocable living trusts, for example, DMX could have ensured that his children and fiancée would have immediate access to his assets upon his death or incapacity, avoiding the need for court involvement altogether and keeping the contents and terms of his estate totally private. READ MORE

Don’t Forget To Protect Your Furry Family: Estate Planning For Your Pets

by Tara Cheever ~ Attorney at Law August 24, 2021 Estate Planning, Pets, Trusts

Humane Society estimates that between 100,00 to 500,000 pets are placed in shelters each year for exactly this reason, and a large number of these animals are ultimately euthanized.

Unfortunately, the law considers pets to be nothing more than personal property just like cars, furniture, and electronic devices. So unless you take the proper steps to include your pet in your estate plan, your beloved companion could end up in a shelter or worse following your death or incapacity. READ MORE

Preserving Your Money and Property Beyond the Third Generation

by Tara Cheever ~ Attorney at Law August 3, 2021 Asset Protection, Estate Planning, Trusts, Wills

Whether you have inherited your wealth or have built it yourself, you likely want to share this wealth with the next generation and beyond. Providing for multiple generations through your financial and estate plans is a significant legacy to leave your family. As previously mentioned, ensuring that it is done properly requires careful planning with experienced professionals. To take the next step in your planning, consider the following steps (if you have not already done so): READ MORE

The Difference Between a Prenuptial Agreement and a Will or Trust

by Tara Cheever ~ Attorney at Law July 27, 2021 Estate Planning, Personal Representative, Trusts, Wills

Having a will or a trust is something responsible people do, but despite the more common use of these tools today, a certain percentage of the general population still misunderstands the difference between the reasons for creating a will or a trust and the reasons for entering into a prenuptial agreement. What do these different legal documents do? And when should you use them? READ MORE

Britney Spears’ Nightmare Conservatorship Underscores The Vital Importance Of Incapacity Planning – Part 1

by Tara Cheever ~ Attorney at Law July 13, 2021 Conservatorships, Estate Planning, Healthcare, Incapacity, Trusts

Since the age of 16, when she burst onto the charts with her debut single, “…Hit Me Baby One More Time,” Britney Spears has been one of the world’s most famous and beloved pop stars. Yet despite her massive fame and fortune, Britney, who is now 39, has never truly had full control over her own life. READ MORE

The Perfect Father’s Day Gift for Every Father

by Tara Cheever ~ Attorney at Law June 17, 2021 Estate Planning, Trusts, Wills

We may go to great lengths to protect and pass on our family’s financial wealth. Still, very few of us take the time to even document, much less preserve, our family’s legacy. The stories, values, insights, and life lessons of our parents, grandparents, and those who came before them— are typically lost forever when a beloved father figure passes away. READ MORE

Why Is My Trust So Long?

by Tara Cheever ~ Attorney at Law June 15, 2021 Estate Planning, Healthcare, Incapacity, Power of Attorney, Trusts, Wills

When you met with an attorney a few weeks ago, perhaps all you expected was a simple will. Maybe you thought that, with your situation, the work should be easy and the documents should be few. But now that you have finished working with the attorney, your parting gift is a large binder filled with hundreds of pages. You may be wondering, “Why is my trust so long?” READ MORE