AL Estate Planning & Elder Law Blog

Were you aware that an Alabama estate plan is a critical tool for everyone to have? Your Alabama estate plan will allow you to think about what you want for yourself, your loved ones, your business, and your legacy. It is about more than what happens at the end of your life, although that is an important part of the process. Your Alabama estate plan will motivate you to answer tough questions including, but not limited to, what should happen if you no longer have the capacity you need to make your own decisions or who should pay your bills if you cannot?

Knowing you need an estate plan is the first step forward to planning for your future. The next logical question to ask may be:  Is there a right time to plan your Alabama estate plan? As Alabama estate planning attorneys, this is a question we are frequently asked and want to share five events in your life, no matter your age, when you should create an Alabama estate plan.  

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Are you looking for ways to help the seniors in your family, neighborhood and community? Did you know that May is National Older Americans Month?  In fact, this celebration of our Older Americans is to encourage communities, families and loved ones to get involved in learning about the issues that our Older Americans face as they age. Do you have senior loved ones in your family? Do you have neighbors who are seniors? This month think about how you could help the Older Americans in your life by using the ideas below.

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Have you recently heard that you will be receiving an inheritance? Receiving an inheritance is quite momentous. Whether you were expecting it, or not, inheriting money should be taken seriously by you. No matter what the amount is, you should make sure that you are taking the steps you need to protect your new asset and have the guidance you need.
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Do you care for a loved one with autism? Are you working carefully to plan for your loved one’s future? You know that although the specific needs of an autistic individual can vary greatly depending on the severity of their autism, many people with autism need assistance throughout their entire lives. 

So, how do you begin to create your Alabama estate plan with your loved one with autism in mind? Most important is to begin planning early. Whether you care for your loved one with autism in your capacity as a parent, grandparent, or sibling, part of your role is to make sure there is a solid legal, financial and medical foundation in place.

Have you recently had a loved one diagnosed with multiple sclerosis (MS)? Or do you know someone with multiple sclerosis or wonder what exactly multiple sclerosis is? Multiple sclerosis is a central nervous system disorder that is most often diagnosed between the ages of 15 and 50. MS damages or destroys the protective covering, known as myelin, surrounding the nerves of the central nervous system and causes reduced communication between the brain and nerve pathways. This leads to a variety of health

Do you have a loved one in your family diagnosed with Multiple Sclerosis or another disability? Are you the caregiver for your loved one? As Alabama attorneys, we know how challenging it can be to ensure that your disabled loved one is protected on a daily basis. When you think about the lifetime caregiving needs of your loved one, are you concerned about a future when you may no longer be able to care for your loved one?

What can you do to help the loved one you care for? As  Alabama estate planning attorneys we understand the laws surrounding how you may protect yourself and your disabled loved one now and in the future. There are estate planning tools to ensure that your loved one with a disabling condition will be as supported as he or she can be.

Unfortunately, one of the most challenging aspects of witnessing a loved one struggle with a disabling condition may be the sadness and confusion he or she experiences, often exhibited in different ways. Some ways may be through angry outbursts and belligerence or through silence and innocence.

This Valentine’s Day, do you want to say “I love you” to your children in a totally different way? How about the gift of an Alabama estate plan and by creating a loving legacy for them?

We know there are many ways that you can show your love to your children during this month of February. However, we would like to share some ways that you can protect your family by planning and creating a loving legacy that will provide for them in the future.

1. Have you thought about the impact any long-term care you may need could have on your legacy?  Because the cost of long-term care for older Americans is rising, it is important to be prepared by creating a plan to afford the long-term care that you may need in the future. This is critical so that your family is not left struggling to pay those costs.
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Are you considering remarrying? Are you thinking that February is the perfect month to plan a wedding, including the venue, the menu and all the combined family, yours and your future spouse’s? As you and your future spouse think about what needs to be done, what about your Alabama estate plan? Whether you currently have one or not, you should have one before you remarry. Here is why.

In a first marriage the goals of most spouses match and estate planning is not a problem. Each spouse wants to take care of the surviving spouse for as long as he or she lives, and then divide what is left equally among their children. Or, if your children are still minors, you set up a trust for the children until they are adults.
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Are you aware that today there is a question of whether children will need to pay an aging Alabama parent’s nursing home bill? The concept of parents being held legally responsible for the action and debts of their minor children is taken for granted, but did you think that there would ever be the possibility of adult children being responsible for the debts of their parents? Almost half of the states in the U.S. have filial responsibility laws, which can create a legal obligation of adult children for their parents.
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As you begin the new year, are you thinking about the resolutions you set for 2023? Did you include being sure you and your family are prepared for whatever the future holds by creating an Alabama estate plan? We want you to know that we believe that one of the most important New Year’s resolutions you can make this year is to create your Alabama estate plan.  With your Alabama estate plan in place you can protect yourself and your loved ones both during your life and at the time of your death. During your lifetime, by working with your qualified Alabama estate planning attorney, you can create a plan that ensures your choices for your health care and finances are honored by your chosen decision maker.

Are you an Alabama senior? Do you enjoy giving gifts of money to all your loved ones during the holidays? Be aware that as you get older you may need to be careful about giving monetary gifts. In fact, there is an elder law risk when you make monetary holiday gifts. We would like to explain why as you continue to read our blog.

To begin, did you know that monetary gifts can impact Medicaid eligibility?  The fact is, if you needed to apply for Medicaid in the next five years, your gift giving could have significant consequences.  The impact of monetary gifts could be on both the giver and receiver.