Being a responsible parent is usually associated with bedtime stories with toddlers, homework reminders for grade schoolers and trying to decide whether or not your teenager is responsible enough to drive to school on his or her own. Creating an estate plan for those children is not something we usually associate with responsible parenting, but it is just as important as everything else.
Jim Alder's blog
Children with special needs, or Children with Special Health Care Needs as defined by the Social Security Act, are eligible to receive a number of government benefits to pay for the aid, care, and services that are available to them. There are many ways a child can qualify as a Child with Special Health Care Needs (CSHCN), though it usually comes down to suffering from certain conditions, such as Down’s syndrome, ADHD, cerebral palsy, and autism. The following is a list of the benefits that are available to children with special needs:
Not too long ago, a person who decided to leave an inheritance behind for their pet might be considered eccentric, to say the least. Take, for example, the case of Leona Helmsley: when she died in 2007, she left her dog Trouble an inheritance worth $12 million. While there may have been other factors weighing in on her decision (such as sending a message to her grandchildren), Helmsley’s wishes for making sure her pet was cared for after she was gone are echoed by pet owners across the country.
Many people plan for their retirement by using Roth IRAs due to their great tax benefits, but most don’t know that Roth IRAs are also excellent for avoiding probate.
First, here are some basics about tax planning with Roth IRAs that Salt Lake County probate lawyers typically go over with their clients:
The elderly are too often targets of unscrupulous individuals who may try to take an unsuspecting senior’s money. Seniors are especially vulnerable as they become less cognitively able and thus more dependent on other adults. Unfortunately, elder financial abuse is common in Utah. Here are some red flags to watch out for with your elderly relative:
When it comes to creating a special needs plan for a loved one with disabilities, it’s the hope that all family members are in agreement and ideally on the same page. But, even if everyone is working together, there can be issues when the parents are divorced. Often, there are separate estates, separate finances, and other factors to consider for both parents when creating trusts and other care plans for children with special needs. By facing the following challenges now, divorced parents have the best chance of creating solid plans for the future:
A common concern for those who have remarried is that they still want to leave the bulk of their estate to their adult children without abandoning their current spouse. The solution? Create a life estate. A life estate is a tenancy that allows a person to use a property for the rest of their natural life, but not own the property.
An estate administrator has a duty to manage the estate and do so in the best interest of the beneficiaries. However, not every administrator acts in good faith, and even when they do, disputes and discrepancies can make a beneficiary want to know exactly where the assets are and where they’re going.
What duty does an administrator owe to the beneficiaries of an estate?
Dying intestate, or without a will, is very common. If you die without a will, your property will go through probate and is then distributed according to Utah’s intestacy laws.
Intestacy laws govern intestate property. They go into effect unless there is a valid will to testify to the deceased’s wishes or an established estate plan. In intestate inheritance, a spouse is first in line, then children, then their children, and so on. When there are no heirs in the direct bloodline, the heirs are the parents, then siblings, then nieces and nephews, and so on.
Special needs planning in Utah can be daunting if you’re just starting. However, a Salt Lake County special needs lawyer can save you the headache of planning and the worry over whether your plan will be executed properly. If you’re new to special needs planning and aren’t sure where to start, check out these do’s and don’ts for starting estate planning for your child with disabilities.