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When someone asks me, “Well, if I set things up right, I don’t even need a will or a trust, right?” I often wonder if the person asking the question wants an actual answer, or just wants me to agree with them. I think I understand what the person is asking, but I am not sure why someone would want me, an estate planning attorney, to simply agree … [Read more...]
7 Reasons Why Estate Planning is Cool
I attend many networking meetings. At these meetings, I am generally invited to share a 30 - 60 second “commercial” of what I do and what I am looking for in a client, or a referral. I have several versions of this introductory speech, but one of them goes something like this, “My name is Michael Bailey, and I own and operate my own law firm. I … [Read more...]
7 Things About End Of Life Planning Your Dad Wants To Know
I’d like to start this blog with a story. Recently a 70 year old man arrived at an emergency room in Florida: unconscious, critically ill and without any form of identification. As his care team sprang into action, they found he had a tattoo on his chest that said “DO NOT RESUSCITATE” with his signature tattooed below. The team of physicians … [Read more...]
Talk Among Yourselves: Why Professional Advisors Communicating Matters
Almost everyone has someone in their life who they look to for advice and guidance. Most people look at their parents this way (I certainly do!), but people also have other influential advisors -- whether it be a school teacher, church leader, business mentor or some other sort of influential advisor. These people help show us the way through … [Read more...]
End of Life Planning: A Quick Reference Guide to Protecting Assets
As part of my estate planning practice, I try to educate people concerning issues that may arise in the future, especially for those who are nearing the end of life. I teach a seminar that I call the “Human Ostrich” seminar, where I teach people how to avoid losing everything they have worked so hard to achieve. Human Ostrich is a silly name for … [Read more...]
How Often Should You Update Your Estate Plan?
Almost everyone with whom I work asks me how often they should review or update their estate plan. I don’t have a definitive answer for them, and I sometime I wonder if some people think there is a secret magic formula passes among lawyers to determine the answer to this question. (Spoiler Alert: There is no secret formula) I base this hunch on … [Read more...]
Protect Your Family (and Yourself!): 7 Questions For Your Power of Attorney Agent
A durable financial power of attorney and a durable medical power of attorney are critical documents to have in place. I have specifically discussed how Powers of Attorney can help protect you on other blog posts here and as part of end of life planning here. These documents allow you to choose someone, or some other entity, to make financial … [Read more...]
Protect Your Family: Powers of Attorney for Adult Children
After what sometimes seems like endless years spent raising a child, their adulthood—and all the rights that go with it—may creep up suddenly. When you are about to send a child off to college or to a study abroad program, you're probably busy with travel arrangements, last-minute shopping, packing, worrying about how your baby will fare living … [Read more...]
Protect Your Family: 12 Ways Power Of Attorney Protects You
“The Twelve Days of Christmas” is a popular song during the holidays, and often misunderstood to be the 12 days leading up to Christmas. The 12 days of Christmas are actually the 12 days after Christmas, leading up to Epiphany - or the day that the manifestation of Christ’s glory was realized - according to Christian tradition. In the spirit of … [Read more...]
Protect Your Family: Supplementing Your Needs Through Advanced Medicaid Planning
A supplemental needs trust is a special type of trust established to help people qualify for Medicaid and to live while receiving Medicaid assistance. A supplemental needs trust is quite similar to a special needs trust in form and function, as discussed here, except that the term most often applies to Medicaid recipients, and is almost … [Read more...]
