4 Warning Signs Your Elderly Relative May Be the Victim of Financial Abuse

by Tara Cheever ~ Attorney at Law January 26, 2018 Estate Planning, Power of Attorney, Trusts, Wills

Some of the most disturbing crimes against the elderly involve financial exploitation. While physical abuse is often easy to spot, financial abuse can be more difficult to detect, as victims often have no idea they’re being swindled until their money suddenly vanishes.

Most victims are more than 70 or 80 years old, and involve crimes like fraud, embezzlement, identity theft, along with welfare and insurance scams. If you’re caring for an elderly loved one, be on the lookout for the following red flags of financial abuse: 1) unusual financial transactions or spending, 2) appearance of a “new” person, 3) unneeded goods, services or subscriptions, and 4) changes to estate planning documents. READ MORE

IRAs, Annuities and Guardianship: Providing for Your Minor Children after You Die

by Tara Cheever ~ Attorney at Law January 16, 2018 Estate Planning, Guardians for Minor Children, Retirement Planning, Trustee, Trusts, Wills

Deciding guardianship for your minor children may very well be the most vexing decision you’ll make regarding your estate planning. Not only must you trust the appointed guardian to raise your children as you’d want them raised, but you also need that person to be financially responsible with your children’s inheritance. For example, if you have an IRA or an annuity that you wish to pass to your minor children, how can you ensure those funds will be used properly—especially if the person you trust most to raise your kids isn’t necessarily the best with finances? This article will unravel each aspect of this important question. READ MORE

Organizing for Tax (and Estate Planning) Season

by Tara Cheever ~ Attorney at Law January 5, 2018 Estate Planning, Guardians for Minor Children, Healthcare, Tax, Trust Administration & Probate, Trusts, Wills

It’s the start of a new year, which means tax season—and this year’s April 17th IRS filing deadline—is just around the corner. Soon you’ll be receiving tax forms such as your W-2 or 1099s, and you’ll start thinking about the life events that could affect your taxes in various ways. This flurry of tax prep activity is the perfect opportunity to get your estate plan in order, too, and kill two birds with the proverbial stone. Why? Because as you run down your list of “tax prep” questions, you will find that your answers could also impact your estate plan. It’s a new year, and new possibilities are in the air. As long as you’re getting started on your taxes, take a few extra moments to get the ball rolling on your estate planning as well. By getting organized in this way, you’ll be well on your way to making 2018 an amazing year. READ MORE

Why a Spendthrift Trust Can Be a Great Solution for Your Heirs

by Tara Cheever ~ Attorney at Law December 22, 2017 Asset Protection, Estate Planning, Tax, Trust Administration & Probate, Trustee, Trusts, Wills

Put simply, a spendthrift trust is for the benefit of someone who needs additional assistance managing or protecting his or her money. The spendthrift trust gives an independent trustee complete control and authority to make decisions on how the funds in the trust may be spent and what payments to or for the benefit of the beneficiary are necessary according to the trust document. Under a spendthrift trust, the beneficiary is prohibited from spending the money before he or she actually receives distributions. These restrictions prevent the beneficiary from squandering their entire interest or having it garnished by the beneficiary’s creditors. The trustee controls the assets in the trust, including managing and investing the funds, once the trust is made irrevocable. READ MORE

Four Reasons Why Estate Planning Isn’t Just for the Top 1 Percent

by Tara Cheever ~ Attorney at Law December 12, 2017 Asset Protection, Estate Planning, Guardians for Minor Children, Healthcare, Power of Attorney, Retirement Planning, Trust Administration & Probate, Trusts, Wills

There is a common misconception that estate plans are only for the ultra-rich – the top 1 percent, 10%, 20%, or some other arbitrary determination of “enough” money. In reality, nothing could be further from the truth. People at all income and wealth levels can benefit from a comprehensive estate plan. Sadly, many have not sat down to put their legal house in order. READ MORE

Business Conflict: Tips for Settling Business Disputes Part 2

by Tara Cheever ~ Attorney at Law November 10, 2017 Asset Protection, Business Law

Last week I discussed the importance of knowing how to negotiate business deals and mitigate conflict whenever possible. Besides being a financial drain, business disputes can also create conflicts that require precious time and energy to resolve. Setting clear boundaries and realistic expectations when making professional agreements is essential in setting yourself up for positive outcomes.

Although avoiding conflict is preferred in professional matters, it is imperative to be prepared to handle business disputes properly when the need arises. Following these valuable tips will increase your chances of a positive outcome when business disputes must be settled. READ MORE

Business Conflict: Tips for Settling Business Disputes Part 1

by Tara Cheever ~ Attorney at Law November 3, 2017 Business Law, Estate Planning

First and foremost, remember that costly conflict most often arises because the agreement process was not properly handled to begin with. The ideal time to surface conflicts is in the beginning of a relationship by creating clear boundaries and expectations, using the agreement process. The best agreement process will support both parties to share the parts of themselves they may typically hide while making an agreement, while at the same time, asking the hard questions they may not ask.
It’s often difficult to see the things we are hiding when making agreements, or to ask the challenging questions, and that’s why it’s so helpful to have a trusted advisor support you each time you are entering into an agreement with anyone, whether it be a new team member, a business partner, or a strategic partner.When the agreement process is used to create each of your agreements, and before you ever finalize a deal of any type, the number of expensive business disputes you will have will be greatly diminished, if not eliminated completely. READ MORE

Can I Benefit from a Reverse Mortgage?

by Tara Cheever ~ Attorney at Law October 24, 2017 Estate Planning

A reverse mortgage is a type of loan taken out against your home. With a reverse mortgage (as with a traditional mortgage) you are borrowing against your home equity which is the difference between your home’s market value and the amount you owe on your mortgage. The difference in a reverse mortgage is that you do not have to pay it back while you are alive. Instead, the loan is paid off after you pass away. READ MORE

Do You Have a Business Succession Plan In Place?

by Tara Cheever ~ Attorney at Law October 17, 2017 Business Law

Most businesses are not sufficiently liquid to keep the company going and the owner’s family thriving, in the event of death. But with the right plan in place, you can ensure the people you care most about are well provided for if anything happens to you. With a succession plan in place for your business, you can rest easy knowing that if anything happens to you, the people you care about most — your family, clients and customers, your team and partners — will be well cared for, in just the way you want. READ MORE

Planning for the Future (Without a Crystal Ball)

by Tara Cheever ~ Attorney at Law October 2, 2017 Estate Planning, Tax, Trusts, Wills

If you don’t yet have a will or trust, now is the time to explore getting one. If you have an “old” will or trust, now is the time to talk with me about whether you need an update. Modern families need modern estate planning solutions, and I am ready to help you create a flexible estate plan that works now, and will work in the future, even if the current tax laws change (even though no one has the proverbial crystal ball). READ MORE

New Baby? Time to Create Your Estate Plan

by Tara Cheever ~ Attorney at Law September 23, 2017 Estate Planning, Guardians for Minor Children, Trustee, Trusts, Wills

Estate planning is often one item that gets pushed back on nearly everyone’s to-do list. The reasons you might be delaying vary: lack of time, not thinking you have enough assets, not knowing how to start, or fear of contemplating death. Whatever the reason for not putting an estate plan together, it is important to understand that if you just had a baby or have minor children – now is the time to meet with me to implement an estate plan. READ MORE

How A Living Trust Helps Your Family

by Tara Cheever ~ Attorney at Law September 16, 2017 Estate Planning, Trusts, Wills

There are several parts to an estate plan, one of them being a living trust. Common factors that prompt someone to create a trust include privacy, tax benefits, avoiding probate, and caring for family members with special needs. Estate planning also lets you dictate how your assets will pass on to future generations after your death. READ MORE

The Perils of Joint Property

by Tara Cheever ~ Attorney at Law September 8, 2017 Estate Planning

People often set up bank accounts or real estate so that they own it jointly with a spouse or other family member. The appeal of joint tenancy is that when one owner dies, the other will automatically inherit the property without it having to go through probate. Joint property is all perceived to be easy to setup since it can be done at the bank when opening an account or title company when buying real estate.

That’s all well and good, but joint ownership can also cause unintended consequences and complications. And it’s worth considering some of these, before deciding that joint ownership is the best way to pass on assets to your heirs. READ MORE