AL Estate Planning & Elder Law Blog

Have you heard of the saying that the only thing certain in life is death and taxes? Did you know that not planning for death, or inheritance taxes, may leave your estate open to significant taxes, as high as forty percent of your estate? Let us review some estate planning tips to consider when you near the proposed tax limits.

Starting with a bit of good news, Alabama does not have an estate or death tax. This means that upon your passing, your estate will be subject to zero state estate tax.

The Administration for Community Living encourages communities to celebrate National Older Americans Month every May. Did you know that, for 2021, the theme is “communities of strength” in recognition of all that older people have lived through in their lives and learned during that time? Particularly during the pandemic that overtook the past year, people often draw inward and may not stop to think about what their elder neighbors can teach them. It can be, however, more important than ever to make connections with older residents in our communities, both for them and for us. Let us take a look at four resources to help

May is National Elder Law Month. Did you know that by the year 2030, all of the baby boomers will have reached the age of 65? With a burgeoning senior population, National Elder Law Month can be a great time to consider ways to care for aging seniors. This may not be a one-person job.

Friday, April 16, 2021, is National Clean Out Your Medicine Cabinet Day. You may be ready to go in your own household, but what about your parents or other older loved ones? As we get older, we tend to accumulate more medicine for various illnesses or ongoing conditions. It can also become easier to forget what is in the cabinet.

There may be many frequently discussed components of estate plans, including the division of assets from your home, to your bank accounts, to family heirlooms and of course, for the parents of minor children, designation of a guardian and assets for the children. Have you considered, however, how your four-legged or other beloved pets will be provided for? Let us discuss three reasons to consider a pet trust in your estate plan.

1. A pet trust can help  prevent your pet from being placed in a shelter. Unfortunately, when the disposition of a pet is not provided for in the owner’s estate plan, the pet may end up in a shelter with an unknown future. By creating a pet trust, as the owner, you can provide that your pet’s care be entrusted to a friend or family member, who has agreed to become your pet’s new owner, or you can designate a caretaker to be overseen by the trustee of your estate.

Have you remarried after being widowed? If so, you may have special considerations for updating your estate plan that would not apply if your former spouse was still living and you had been through a divorce. Let us take a look at seven questions to ask your attorney before updating your estate plan after remarriage if you are a widow or widower. Have you remarried after being widowed? If so, you may have special considerations for updating your estate plan that would not apply if your former spouse was still living and you had been through a divorce. Let us take a look at seven questions to ask your attorney before updating your

Do you have an estate plan and think that is enough to avoid probate? You might want to think again. Many people are under the impression that because they have a carefully written will, or because they do not have large investment accounts, their estates will not have to go through the probate process. This is not always true.

Parents typically use a 529 savings plan to fund their child’s college education. Did you know, however, that there may be more ways to use a 529 savings plan? In fact, there can be many other ways to make the most of a 529 savings plan that can actually increase the amount of money available to spend on education. One of these is funding a 529 savings plan with the intent of making it part of your estate plan rather than using it in the near-term future.

Did you know that only about forty percent of Americans have an estate plan? This may be the result of the misconception that estate planning is only for the old or the wealthy. It may also be due to not making estate planning a priority on a to-do list. Did you know, however, that without an estate plan, your estate may be headed to probate court, a costly and time-consuming process? Let us discuss three reasons why you may need at least a Last Will and Testament.

An estate plan may not be the most exciting plan to be made in the New Year, but it can be one of the most important. Estate plans usually involve putting legal documents in place regarding how your assets will be handled and distributed in the event of your death. Did you know that a trust is a very common estate planning vehicle used to serve a variety of purposes? Trusts can be both versatile and customizable, therefore, it is important to work with an experienced estate planning attorney to help you create a trust that will work best for you.

Depending on your assets and your goals, you may decide to create a trust in your will to go into effect upon your death, which is a testamentary trust.  On the other hand, you may create a trust to hold some or all of your assets now, which is a living trust or inter vivos trust.