ASSET PROTECTION
Asset Protection
Estate planning in simple terms refers to the passing assets / investments down from one generation to another. You decide how much of your estate – be it property(s), car(s), personal accolades, financial investments, etc. – you want to pass on to whom and how, after your demise.It is a dynamic process that needs to be reviewed at regular intervals to absorb any changes that might happen in our life or in the laws of the country.
Top 5 Questions About Estate Planning
1. Why do I need a will?
The biggest reason is that,
without one the state
acts on a default will it has created. Most of the time that default will gives half of your assets to your spouse and half to your kids. If you want to change that, you need to get a will of your own.
2. How do I make sure the doctors do what I want if something
happens to me?
FIRST, you need to tell someone you trust what your wishes are. THEN you need to appoint them as vour agent under a power
of attorney for healthcare.
This all needs to happen
berore an iness or accident
renders vou unable to
communicate, of course.
3. How much do I need to save for
long-term care?
FOR MOST PEOPLE, RELYING ON SAVINGS ISN'T GOING TO CUT IT. An elder law attorney can help you review all your options, like veteran benefits, Medicaid and Medicare, and stay on the right side of the law when
using these benefits.
4. What's the difference between
a will and a trust?
A WILL distributes your assets
o that you don't hold in joint tenancy, don't contain a beneficiary and are not held in trust. In Illinois, you may have to go to probate court to
administer some assets.
A TRUST is like a bowl of candy in which the candy represents the assets placed in the trust. The trust contains instructions on who can the eat the candy
and when, all without having to go to probate court.
5. What's going to happen to
my family's house when
I'm gone?
IT ALL DEPENDS ON WHO OWNS IT. If you own your home in joint tenancy with your spouse,
they'll inherit it automatically.
If you own it in tenancy-in-common, potentially with a sibling or other family member, your will distributes your share of the house after going to probate court. If a trust owns the house,
the trust will have instructions on who it will go to. Your elder law or estate planning attorney can help
you answer these questions (and all the others).
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