Planning to Protect Your Entire Family in Case of Medical Emergencies

October 21st, 2008

Do you know who is legally authorized to make your critical health care and financial decisions if you are disabled and cannot do so? What about your loved ones? We have heard from people whose elderly parents have had strokes away from home as well as those whose children have been seriously injured while at college. In both situations, because they do not have the proper legal authorization, they were not able to speak to medical personnel on behalf of their parents and children. Without the right planning in place and readily available at all times, these already difficult situations can land you in a disastrous bureaucratic tangle when you and your loved ones can afford it least.

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What Are the Choices For Updating a Last Will & Testament?

October 20th, 2008

It is often quoted that in the UK around 60% of the population have not written a Last Will & Testament to safeguard their wishes when they are no longer around. There are many reasons why people people put off writing such an important document ranging from being unsure as to exactly how to write this, what to write & deciding who gets what. Apathy is also a key contributor to these statistics as many people openly admit to just putting things off to a later day.

However for those that have already written a Will, simply signing this and storing it away is not the best practise. A Will should be reviewed every few years as clear consideration must be given to whether your current financial, family or personal situation are still reflected in the your existing document.

Apart from just a simple change of wishes common reasons for needing to change a Will could be that someone named in the original will has passed away. You or a family member may have married, divorced, remarried or widowed. There may be additions to the family, the value of your assets/estate may have increased or decreased or a witness to your original will may died or can’t be located.

Making a change to Will is not as straightforward as just amending the original document, as legally any changes must be again be witnessed and resigned. There are various options available to someone who wants to update a Will. One option is adding a ‘Codicil’, which is a separate piece of paper which outlines the change in wishes and must then be resigned and witnessed and then attached to the existing Will. Although this is a simple and easy way to do this, it is really only advisable if you wish to change one specific section of the Will. There have been cases where a Codicil has been misplaced or lost thus meaning the most recent wishes of the deceased are lost and not acted upon when day comes for the Will to be read.

Apart from using a Codicil most Legal advisors / Will writers will advise that the safest way to change a will is to simply write a new one as any new will that is written and singed will make any previous void and obsolete.

Changes in circumstances mean that some people may wish to change their Will anything up to 5 or 6 time during their lifetime and to write a new Will every time can be sometime be costly and times consuming but in the long run well worth the effort. A Will should ideally be reviewed every 5 years just to make sure that circumstances have changed.

There are now services available online which can save a lot of time and money when a Will needs updating. A copy of your original Will is stored in an electronic document format so when a change is required the user can log on with their account details - make the required changes and thereafter print a copy of the revised will ready for signing.

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What Are the Choices For Updating a Last Will & Testament?

October 19th, 2008

It is often quoted that in the UK around 60% of the population have not written a Last Will & Testament to safeguard their wishes when they are no longer around. There are many reasons why people people put off writing such an important document ranging from being unsure as to exactly how to write this, what to write & deciding who gets what. Apathy is also a key contributor to these statistics as many people openly admit to just putting things off to a later day.

However for those that have already written a Will, simply signing this and storing it away is not the best practise. A Will should be reviewed every few years as clear consideration must be given to whether your current financial, family or personal situation are still reflected in the your existing document.

Apart from just a simple change of wishes common reasons for needing to change a Will could be that someone named in the original will has passed away. You or a family member may have married, divorced, remarried or widowed. There may be additions to the family, the value of your assets/estate may have increased or decreased or a witness to your original will may died or can’t be located.

Making a change to Will is not as straightforward as just amending the original document, as legally any changes must be again be witnessed and resigned. There are various options available to someone who wants to update a Will. One option is adding a ‘Codicil’, which is a separate piece of paper which outlines the change in wishes and must then be resigned and witnessed and then attached to the existing Will. Although this is a simple and easy way to do this, it is really only advisable if you wish to change one specific section of the Will. There have been cases where a Codicil has been misplaced or lost thus meaning the most recent wishes of the deceased are lost and not acted upon when day comes for the Will to be read.

Apart from using a Codicil most Legal advisors / Will writers will advise that the safest way to change a will is to simply write a new one as any new will that is written and singed will make any previous void and obsolete.

Changes in circumstances mean that some people may wish to change their Will anything up to 5 or 6 time during their lifetime and to write a new Will every time can be sometime be costly and times consuming but in the long run well worth the effort. A Will should ideally be reviewed every 5 years just to make sure that circumstances have changed.

There are now services available online which can save a lot of time and money when a Will needs updating. A copy of your original Will is stored in an electronic document format so when a change is required the user can log on with their account details - make the required changes and thereafter print a copy of the revised will ready for signing.

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Young Adults Need to Plan Their Estates

October 18th, 2008

People often have the false sense that planning for their future is something to be done later in life. Seems like an odd mindset but it exists more than anyone would care to admit. One of the planning areas families overlook is the necessity of an estate plan. ”But, we don’t have anything. We’re not some rich family that needs trust funds set up.” And the list of reasons why people don’t set up their estate plan go on and on.

While it may be true that the value of assets to be transferred in an estate plan are not be significant, an estate plan is still a vital tool in protecting minor children and a family’s financial future.
 
One of the key components of a good estate plan is the designation of a guardian for minor children. Although most courts are not required to follow this designation if challenged, the reality is that the designation of a guardian is rarely challenged. In almost all cases, courts appoint the guardian designated in a Will. If there is no designation of a guardian for the children, then the decision of who will raise its children rests in the hands of a judge. 
 
A simple Will can take care of the designation with little complexity. Additionally, it is an important part of the process for parents to discuss the guardian designation with the people being chosen. This opens up dialogue on a difficult, but critically necessary subject - the rearing of children if something happens to parents.
 
Beyond the guardian issue is the more obvious issue of financial support of the children. A Will can contain trust provisions so that assets can be placed in trust for the benefit of children with a responsible person acting as trustee. Without the Will, there is no protection of the assets to be sure they are used for the long-term benefit of the children. Within the burgeoning “Sandwich Generation,” the trust can also protect assets that may be used to care for an elderly parent. Without the Will, the dignity and financial support of the parent can be compromised.
 
Despite popular belief, planning an estate is not a task reserved for older adults. Younger adults, particularly parents and those taking care of parents, need to take the steps necessary to protect their children, parents and financial assets.

If you are a parent who needs to complete an estate plan, do it today. It is the best thing you can do for your children and family. To begin, go to http://www.enterpriselegal.com/FPP.htm to learn more.

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What Are the Choices For Updating a Last Will & Testament?

October 17th, 2008

It is often quoted that in the UK around 60% of the population have not written a Last Will & Testament to safeguard their wishes when they are no longer around. There are many reasons why people people put off writing such an important document ranging from being unsure as to exactly how to write this, what to write & deciding who gets what. Apathy is also a key contributor to these statistics as many people openly admit to just putting things off to a later day.

However for those that have already written a Will, simply signing this and storing it away is not the best practise. A Will should be reviewed every few years as clear consideration must be given to whether your current financial, family or personal situation are still reflected in the your existing document.

Apart from just a simple change of wishes common reasons for needing to change a Will could be that someone named in the original will has passed away. You or a family member may have married, divorced, remarried or widowed. There may be additions to the family, the value of your assets/estate may have increased or decreased or a witness to your original will may died or can’t be located.

Making a change to Will is not as straightforward as just amending the original document, as legally any changes must be again be witnessed and resigned. There are various options available to someone who wants to update a Will. One option is adding a ‘Codicil’, which is a separate piece of paper which outlines the change in wishes and must then be resigned and witnessed and then attached to the existing Will. Although this is a simple and easy way to do this, it is really only advisable if you wish to change one specific section of the Will. There have been cases where a Codicil has been misplaced or lost thus meaning the most recent wishes of the deceased are lost and not acted upon when day comes for the Will to be read.

Apart from using a Codicil most Legal advisors / Will writers will advise that the safest way to change a will is to simply write a new one as any new will that is written and singed will make any previous void and obsolete.

Changes in circumstances mean that some people may wish to change their Will anything up to 5 or 6 time during their lifetime and to write a new Will every time can be sometime be costly and times consuming but in the long run well worth the effort. A Will should ideally be reviewed every 5 years just to make sure that circumstances have changed.

There are now services available online which can save a lot of time and money when a Will needs updating. A copy of your original Will is stored in an electronic document format so when a change is required the user can log on with their account details - make the required changes and thereafter print a copy of the revised will ready for signing.

Read more

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What Are the Choices For Updating a Last Will & Testament?

October 16th, 2008

It is often quoted that in the UK around 60% of the population have not written a Last Will & Testament to safeguard their wishes when they are no longer around. There are many reasons why people people put off writing such an important document ranging from being unsure as to exactly how to write this, what to write & deciding who gets what. Apathy is also a key contributor to these statistics as many people openly admit to just putting things off to a later day.

However for those that have already written a Will, simply signing this and storing it away is not the best practise. A Will should be reviewed every few years as clear consideration must be given to whether your current financial, family or personal situation are still reflected in the your existing document.

Apart from just a simple change of wishes common reasons for needing to change a Will could be that someone named in the original will has passed away. You or a family member may have married, divorced, remarried or widowed. There may be additions to the family, the value of your assets/estate may have increased or decreased or a witness to your original will may died or can’t be located.

Making a change to Will is not as straightforward as just amending the original document, as legally any changes must be again be witnessed and resigned. There are various options available to someone who wants to update a Will. One option is adding a ‘Codicil’, which is a separate piece of paper which outlines the change in wishes and must then be resigned and witnessed and then attached to the existing Will. Although this is a simple and easy way to do this, it is really only advisable if you wish to change one specific section of the Will. There have been cases where a Codicil has been misplaced or lost thus meaning the most recent wishes of the deceased are lost and not acted upon when day comes for the Will to be read.

Apart from using a Codicil most Legal advisors / Will writers will advise that the safest way to change a will is to simply write a new one as any new will that is written and singed will make any previous void and obsolete.

Changes in circumstances mean that some people may wish to change their Will anything up to 5 or 6 time during their lifetime and to write a new Will every time can be sometime be costly and times consuming but in the long run well worth the effort. A Will should ideally be reviewed every 5 years just to make sure that circumstances have changed.

There are now services available online which can save a lot of time and money when a Will needs updating. A copy of your original Will is stored in an electronic document format so when a change is required the user can log on with their account details - make the required changes and thereafter print a copy of the revised will ready for signing.

Read more

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Living Will Kit - A Great Guide in Making Your Living Will

October 15th, 2008

Preparing a living will is not something most people would welcome. Some even dread this task. There is something unpleasant in thinking of that day when one is no longer capable of deciding, or doing things for one self. That is why, a guide in the form of a living will kit is very welcome. A living will kit alleviates the unpleasant feeling of facing the reality that one day one can be as helpless as a baby.

A living will, also known as an Advance Directive, is a legal document that states a person’s decisions or choices regarding extended or long term medical treatment at the time when he or she is no longer able to do so. There are two kinds of living will- the general and statutory living wills. A general living will states what you wish, without conforming to any standard. On the other hand, a statutory living will is a legal form living will that conforms to the requirements of the state law of living wills.

It is advisable to prepare a living will when one is still healthy and well. There are many online sites that provide living will information. You can download a free living will form and practice how to create a living will. Be sure to research and discuss with health professionals the instructions you intend to put in the living will.

Do not plan to wait until reaching the middle age because in a matter of seconds, it can be too late.

Living Will Kits

Forms to prepare the living will are readily available in many designated places. For convenience, a living will kit provides its buyer with the complete set of forms needed with the procedure on how to fill up or accomplish them. The kit is also available online and generally consists of the following:

1. The necessary living will forms and documents. The forms are ready to use but the user should check if they conform with the form required in the state he or she is residing in.
2. The procedure how to make a living will, from the preparation up to the signing of the living will.
3. Instructions on what to do with the accomplished living will.

Living wills vary because it is a personal document unique to its maker but there are basic requirements to make it legal, as follows:
1. Legal competence of its owner/maker to do a living will. The qualifications are stated in the kit.
2. Signatures of the maker/owner and two valid witnesses.
A living will owner who is unable to sign may ask somebody else to do so on his or her behalf. The two witnesses should be 18 years old and above and meet the requirements specified by law. The person who signed for the maker /owner could not be one of the two witnesses.
3. Date and notarization if required by the state.
4. Check if the instructions in the living will conform to the situations or cases that would be legally recognized by the state. Generally, the instructions should apply to cases where the maker/owner of the will has a terminal illness, has been unconscious for along time that it could be considered “permanent” and any medical treatment would only serve to prolong or maintain the present condition.

Copies of the completed living will document should be distributed to your family members, doctor, hospital, nursing home, confidant and anyone else whom you think would be involved in your care in case something happens. You may also submit a copy to a living will registry which, for a fee, shall professionally handle the proper distribution of the document. If possible inform your close circle of friends that you have a health care living will. A living will may include the identity of somebody assigned to make the decisions for you.

A living will maybe changed anytime. If a newly accomplished will is a replacement for a previous one, you should inform and provide the revised copies to all who have been recipients of the old living will. All copies of the old or previous will should be destroyed.

The preparation of a living will is in most cases an emotional one. Even a level-headed, very practical person who fully realizes the importance of living wills would be emotionally affected thinking about and preparing for that possibility of being almost dead, except for the act of breathing. Even a focused person would have difficulty concentrating on the task at hand and maintaining the presence of mind needed to make that very important document. This is where the value of the living will kit comes to the rescue.

When given the option, most people would choose to die dignified and at home, surrounded by their family and friends. As caregivers the family members may require different levels of support and resources to assist them in this caring role. Caring can create significant levels of stress on the primary caregiver in terms of time and emotion but it can also be most rewarding.

As a Registered Nurse for well over three decades, I have supported many people in this very situation. And together we have been able to turn this journey into a loving memory for all the family by overcoming the guilt and lonliness that is so often associated with this caring role.

Through the requests from many people asking me “how have others got through the process without feeling guilty for stepping back from the rest of the family?” and “can you show me how not to develop carer burnout?” I have put together a support program.

For information relating to this carer support program visit http://www.HomeCarerSupport.com

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The 5 Most Asked Questions About Last Wills and Estate Planning

October 14th, 2008

Most people understand the necessity of having a last will. Even if you’re young and just starting out, you have some assets, so it’s important to have a last will. As you acquire more assets or start a family, the importance of having a will grows.

Financial and legal experts recommend basic estate planning for everyone, but there are many misconceptions about how wills and other estate planning documents work. Don’t let unfamiliarity stop you from properly planning your estate. Here are some frequently asked questions-and their answers-to better acquaint you with the estate planning process.

Q: What happens if a person dies without a last will?

When a person passes away without a last will, the person’s assets are probated or passed through the courts for distribution according to the laws of intestacy. In other words, the deceased person’s assets will be distributed according to the laws of the state-not necessarily according to the deceased’s wishes.

The laws of each state vary, but the money and other assets typically pass to the spouse first. For example, in California, all the property acquired during the marriage passes completely to the spouse. Any property acquired before the marriage or inherited is split between the spouse and any children.

If a person dies without a living spouse, the estate passes to the children, if any, equally. If there are no children and no spouse, but living parents, the estate passes to the parents. Generally, the state will attempt to find any living relatives and pass the estate to them.

In the event that there are no blood relatives, the estate passes entirely to the state.

Q: What happens after someone who has a last will passes away?

The probate court disposes of the assets in accordance with the last will and the law.

Q: Does a person have to have a minimum amount of assets to create a last will?

No-a person can create a last will to dispose of assets worth $10 or $10 million. Of course, the distribution of those assets can have tax implications. For that reason, it is important that you understand how inheritance will be taxed as you make your estate planning decisions. It is often wise to consult with estate planning professionals, especially for large or complicated estates.

Q: What is the difference between a living will and a last will?

The basic difference is that a last will is used to dispose of assets after death. A living will can be used to provide health care instructions in advance, such as whether or not life support is desired.

Q: What are the main benefits of a living trust vs a last will?

A last will’s main benefit is its simplicity. Anyone can write a last will. The drawback is that your family members may have to wait months or even years until your property goes through the courts and is distributed.

A living trust, on the other hand, can be used to transfer property and assets to beneficiaries without going through the probate process. This can save years of time and thousands in fees. Also, it keeps your estate private, whereas a last will, once probated, will become public record.

People often use a last will and a living trust together. A last will can be used in conjunction with a living trust to name guardians for minors and express final wishes not otherwise captured in a living trust.

How do I decide what’s best for me?

As you can see, wills are not necessarily complicated. They are actually among the simplest legal documents. Whether or not a will is wholly adequate for your estate planning needs depends on your individual circumstances. If you’re unsure what you need to protect your family, consult a lawyer. The most important thing is that you don’t neglect planning your estate. It’s the best way to protect your loved ones and make sure your assets are distributed according to your wishes.

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What Are the Choices For Updating a Last Will & Testament?

October 13th, 2008

It is often quoted that in the UK around 60% of the population have not written a Last Will & Testament to safeguard their wishes when they are no longer around. There are many reasons why people people put off writing such an important document ranging from being unsure as to exactly how to write this, what to write & deciding who gets what. Apathy is also a key contributor to these statistics as many people openly admit to just putting things off to a later day.

However for those that have already written a Will, simply signing this and storing it away is not the best practise. A Will should be reviewed every few years as clear consideration must be given to whether your current financial, family or personal situation are still reflected in the your existing document.

Apart from just a simple change of wishes common reasons for needing to change a Will could be that someone named in the original will has passed away. You or a family member may have married, divorced, remarried or widowed. There may be additions to the family, the value of your assets/estate may have increased or decreased or a witness to your original will may died or can’t be located.

Making a change to Will is not as straightforward as just amending the original document, as legally any changes must be again be witnessed and resigned. There are various options available to someone who wants to update a Will. One option is adding a ‘Codicil’, which is a separate piece of paper which outlines the change in wishes and must then be resigned and witnessed and then attached to the existing Will. Although this is a simple and easy way to do this, it is really only advisable if you wish to change one specific section of the Will. There have been cases where a Codicil has been misplaced or lost thus meaning the most recent wishes of the deceased are lost and not acted upon when day comes for the Will to be read.

Apart from using a Codicil most Legal advisors / Will writers will advise that the safest way to change a will is to simply write a new one as any new will that is written and singed will make any previous void and obsolete.

Changes in circumstances mean that some people may wish to change their Will anything up to 5 or 6 time during their lifetime and to write a new Will every time can be sometime be costly and times consuming but in the long run well worth the effort. A Will should ideally be reviewed every 5 years just to make sure that circumstances have changed.

There are now services available online which can save a lot of time and money when a Will needs updating. A copy of your original Will is stored in an electronic document format so when a change is required the user can log on with their account details - make the required changes and thereafter print a copy of the revised will ready for signing.

Read more

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What Are the Choices For Updating a Last Will & Testament?

October 12th, 2008

It is often quoted that in the UK around 60% of the population have not written a Last Will & Testament to safeguard their wishes when they are no longer around. There are many reasons why people people put off writing such an important document ranging from being unsure as to exactly how to write this, what to write & deciding who gets what. Apathy is also a key contributor to these statistics as many people openly admit to just putting things off to a later day.

However for those that have already written a Will, simply signing this and storing it away is not the best practise. A Will should be reviewed every few years as clear consideration must be given to whether your current financial, family or personal situation are still reflected in the your existing document.

Apart from just a simple change of wishes common reasons for needing to change a Will could be that someone named in the original will has passed away. You or a family member may have married, divorced, remarried or widowed. There may be additions to the family, the value of your assets/estate may have increased or decreased or a witness to your original will may died or can’t be located.

Making a change to Will is not as straightforward as just amending the original document, as legally any changes must be again be witnessed and resigned. There are various options available to someone who wants to update a Will. One option is adding a ‘Codicil’, which is a separate piece of paper which outlines the change in wishes and must then be resigned and witnessed and then attached to the existing Will. Although this is a simple and easy way to do this, it is really only advisable if you wish to change one specific section of the Will. There have been cases where a Codicil has been misplaced or lost thus meaning the most recent wishes of the deceased are lost and not acted upon when day comes for the Will to be read.

Apart from using a Codicil most Legal advisors / Will writers will advise that the safest way to change a will is to simply write a new one as any new will that is written and singed will make any previous void and obsolete.

Changes in circumstances mean that some people may wish to change their Will anything up to 5 or 6 time during their lifetime and to write a new Will every time can be sometime be costly and times consuming but in the long run well worth the effort. A Will should ideally be reviewed every 5 years just to make sure that circumstances have changed.

There are now services available online which can save a lot of time and money when a Will needs updating. A copy of your original Will is stored in an electronic document format so when a change is required the user can log on with their account details - make the required changes and thereafter print a copy of the revised will ready for signing.

Read more

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