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ASSET PROTECTION INTERVIEW

 

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Protecting You...

Determination of Incapacity

Incapacity problems happen during "life"; they are not "death"; issues.  The traditional trust does not address them well at all.  In the “Life Plan™” incapacity is determined by a Disability Panel made up of people you trust. 

Creating a Financial Power of Attorney

We recommend that Financial Powers of Attorney be a part of every plan.  An Attorney-in-fact named in a Financial Durable Power of Attorney is a person you choose as an agent to act on your behalf with respect to your financial needs. It is an extremely powerful document, the terms of which and the person appointed to act should be given serious consideration with the guidance of your attorney.

Creating a Health Care Power of Attorney

Our clients appreciate knowing an agent has been appointed to make medical decisions for them in the event of a medical emergency.  A Health Care Agent is a person you name in a Health Care Power of Attorney to make health care decisions for you if you subsequently lose the ability to make your own health care decisions.  The authority to act extends to such serious decisions as to whether or not heroic efforts should or should not be used to keep you artificially alive. 

Appointing a “Silent Partner” Trustee

Our clients appreciate knowing an agent has been appointed to make medical decisions for them in the event of a medical emergency.  In the event that one of you is able to serve as Trustee but the other one of you is not, the one that is able will serve with another person as a Co-Trustee.  Since the newly appointed Trustee is not a trustor, they are often referred to as a ‘silent partner’ trustee.  This is because it appears as though they have as much authority as you but they don’t. 

Appointing a Disability Trustee

The Disability Trustee will manage the assets of the trust during the period of time in which you are incapacitated.  The Disability Trustee’s primary responsibility is to administer the assets of the trust focusing on your needs and desires.  For this reason, it is important that you select people who are willing and able to provide this personal attention.

Protecting...the Surviving Spouse

Asset Protection for the Surviving Spouse

As the surviving spouse, you will have a number of responsibilities as the Trustee.  One of which is to preserve the Estate for you as well as for your heirs.  Sometimes lawsuits from things like automobile accidents, tenants or simply antagonistic plaintiffs who want to make a point, can jeopardize the family estate.  Techniques can be implemented to give the Surviving Spouse greater asset protection.

Remarriage Protection for the Surviving Spouse

Predator Protection is a provision that protects the Surviving Spouse during a second marriage when the survivor is most vulnerable.  The situation occurs when during this period when we’re living longer, it is becoming increasingly common to want to share the rest of your life with a second spouse.  The problem is accidental commingling of the estate.  If the second marriage results in a divorce, you would lose a large portion of your estate.  If the second marriage terminates due to the survivor’s death, your beneficiaries (children) may end up in a contest with the second spouse.  If the second marriage terminates due to the death of the second spouse, the survivor may end up in contest with the second spouse’s children.

Protecting...the Beneficiaries

Distributions to the Children

With the divorce rate exceeding 50%, it is necessary to wonder whether our children will enjoy their inheritance or lose it to an ex-spouse.  Gone are the days when this problem can be ignored and just hope the children will be protected.

Unfortunately, anybody can end up on the wrong side of a lawsuit.  This could be the result of an automobile accident, an unreasonable renter or simply a guest in your home.  Every day thousands of lawsuits are filed in the United States.

As financial stresses are placed on our children and the lure of credit is so easy and tempting, bankruptcy often appears as a solution to the money game. A carefully drafted plan can protect your children’s inheritance from the “Big Three” threats: divorce, bankruptcy, and lawsuits.

Distributions to the Grandchildren

One of the goals that most clients with grandchildren have is to make certain the Estate eventually gets to the grandchildren.  Not only can this be accomplished, to a great extent, it can transfer free of Federal Estate Tax.

Keeping Your Plan Current

There will be changes.
They will occur in 3 areas:
The Law will change, You will change &Our Advice, which is always dependant on the Law and your situation, will of necessity change.

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The Law Offices of Gary L. Fales & Associates is authorized to practice law only in the following states:
Connecticut, New York, Idaho and Nevada.
The information on this website is not intended to be a source of advertising, solicitation, or legal advice,
and is not an invitation for an attorney/client relationship. It is intended for education purposes only.
Gary L. Fales specializes in Nevada estate planning. Receive your FREE consultation with one of the best attorneys in America. Las Vegas, Reno, Carson City, Elko, NV.
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