Chances are you made a few solemn promises to your new spouse on your wedding day. Among them were promises to be there through thick and thin, personally and financially. In the absence of a premarital agreement to maintain separate assets, most spouses in blended families tend to blend their wealth. For example, they title their respective assets in the names of both spouses and also designate one another as the primary beneficiary of their respective retirement plans and life insurance policies.
Guardianship
If you are separated, divorced or never married to the surviving biological parent of your shared minor children, then that parent will continue to be their guardian, absent a court-proven case of unfitness. Nevertheless, you will want to make prudent choices regarding guardianship should your minor children be orphaned.
Self-Settled Special Needs Trust: Generally created by a parent, grandparent or legal guardian using the child’s assets to fund the Trust (e.g., when the child receives a settlement from a personal injury lawsuit and will require lifelong care). If assets remain in the Trust after the child’s death, a
At Law Offices of Steven H. Peck, Ltd., we work closely with other professional advisors, including Certified Financial Plannerâ„¢ Practitioners, investment advisors, financial consultants, insurance professionals, Certified Public Accountants, and tax advisors as part of the estate planning team. We believe the team approach provides our mutual clients with the most comprehensive, realistic and effective estate plan.
Wills
Your last will and testament is just one part of a comprehensive estate plan. If a person dies without a Will they are said to have died “intestate†and state laws will determine how and to whom the person’s assets will be distributed. Some things you should know about wills...
Trusts
Special Needs Trusts: For many parents, a Special Needs Trust is the most effective way to help their child with a disability. A Special Needs Trust manages resources while also maintaining the child’s eligibility for public assistance benefits.
Power of Attorney
A power of attorney is a legal document giving another person (the attorney-in-fact) the legal right (powers) to do certain things for you. What those powers are depends on the terms of the document. A power of attorney may be very broad or very limited and specific. All powers of attorney terminate upon the death of the maker, and may terminate when the maker (principal) becomes incapacitated (unable to make or communicate decisions). When the intent is to designate a back-up decision-maker in the event of incapacity, then a durable power of attorney should be used. Durable Powers of Attorney should be frequently updated because banks and other financial institutions may hesitate to honor a power of attorney that is more than a year old.
Clark case sent shock waves through the estate planning community after a unanimous court ruled that inherited IRAs are not “retirement funds†within the meaning of federal bankruptcy law. According, if your children or grandchildren are “direct†designated beneficiaries of your IRA, then the distributions may be subject to their divorces, lawsuits and bankruptcies. Careful planning is required to protect these important assets, while at the same time preserving the ability to stretch distributions as long as possible for your beneficiaries.
Tax Law
Asset protection planning is especially crucial for professionals and business owners — whose estate could be at risk due to the nature of their employment. To safeguard your assets, consult an experienced estate and tax planning attorney who knows the proper risk management strategies to apply to your specific situation. At the Law Offices of Steven H. Peck, Ltd., we can help you limit liability and find peace in knowing your hard-earned assets are secure. Give our attorney a call today for the skilled support you deserve.