Articles 2016-12-22T06:23:33+00:00

Articles

The Top Five Secret (and Abhorrent) Tricks to Winning a Guardianship and Conservatorship

The Georgia Code for Guardianship and Conservatorship became effective in July 2005. Since that date, attorneys who practice in this area have learned many tricks of the trade. I've studied the guardianship code, and I've even taught classes about the basics of guardianships and conservatorships. Yet, the best techniques to guarantee your client's success have very little to do with the code. Rather, these techniques take advantage of gaps in [...]

January 29th, 2016|

Having Those Hard Conversations During the Holidays

The holidays are a time when families gather together in celebration. Traditions are carried out and new ones are made. Stories are shared, memories created and relationships strengthened. However, these occasions may also reveal that time has passed and things have changed - and not for the better. The health, financial situation, and overall well-being of loved ones, particularly those who are aging, may be different than it was this [...]

December 21st, 2015|

In Celebration of National Adoption Awareness Month, We Focus on the Estate Planning Effects of Adoption

November is Adoption Awareness Month. In celebration, this issue of the Passionate Estate Planner will focus on adoption, and the estate planning effects adoptions can have. Two of our attorneys are adoptive parents, and adoption is a loving and beautiful way to build a family. However, while adoption legally creates new family ties, it also legally destroys old ones. The legal ties between family members create a host of rights [...]

November 20th, 2015|

Do You Need To Fully Fund Your Revocable Living Trust During Your Life? Separating Facts From Fiction (Updated September 2016)

This newsletter is the second part of a three part series on Revocable Living Trusts (RLTs). The first newsletter on this topic, which appeared in June 2015, was entitled, “Should I Use a Will or a Revocable Living Trust? Separating Facts From Fiction.” The first newsletter was designed to help explain how to decide whether a Will or a Revocable Living Trust should be the primary estate planning document. This [...]

September 10th, 2015|

Should I Use a Will or a Revocable Living Trust? Separating Facts From Fiction- (Updated September 2016)

You (or someone you know) may have heard that a Revocable Living Trust (often referred to simply as a “Living Trust”) is necessary for everyone. Revocable Living Trusts are often said to provide income tax or estate tax benefits, to ensure that one’s assets won’t be tied up in prolonged and expensive court probate proceedings after one’s death, or to protect one’s assets from one’s own creditors. Many people have [...]

June 30th, 2015|

VA Benefits FAQ

When we talk with seniors and their families, we find that they all have the same question: how can they finance long-term care? Whether they are planning on living at home or moving into an independent or assisted living facility, outside of private resources or long-term care insurance, there are very few ways to finance this care. For veterans and spouses of deceased veterans, the Veterans Pension and Survivors Pension [...]

April 24th, 2015|

Planning for Long Term Care

As consumers, we are used to celebrity endorsements for things like shampoo, cars, cosmetics and beverages, but for long term care insurance? That seems like a weighty topic for stars to support. However, a recent campaign from Genworth Financial has enlisted notable personalities to help educate Americans about the importance of long term care planning. Our purpose at Morgan & DiSalvo in this newsletter is not to endorse any particular insurance company [...]

March 27th, 2015|

Special Needs Trust Accounts Created Under the ABLE Act

by Diane Weinberg This month’s Passionate Estate Planner continues our discussion of trusts used in special needs planning. In January, we looked at three types of special needs trusts commonly used to preserve assets for an individual with a disability while allowing that individual to qualify for public benefits: a self-settled (first party) special needs trust, a third party supplemental needs trust, and a community pooled trust. This month, we are [...]

February 17th, 2015|

Primer on Special Needs Trusts

by Diane Weinberg Last week, I received my first phone call about the Achieving a Better Life Experience (ABLE) Act, new legislation creating a type of special needs trust for individuals with disabilities. A financial planner called me about a client who was concerned that he was going to have to liquidate certain assets of his special needs child to comply with the terms of the Act. The good news is [...]

January 29th, 2015|

POWERS OF ATTORNEY – How to Avoid Potential Agent Liability with a Quick Fix

By Loraine M. DiSalvo Under the Federal Bank Secrecy Act, the U.S. Treasury Department was given the authority to collect information about financial accounts held anywhere outside of the United States. Financial accounts are broadly defined, covering bank or brokerage accounts, commodities, futures and options, mutual funds, and many other kinds of securities, insurance policies with a cash value, and any other accounts which are held with a foreign financial [...]

December 10th, 2014|

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