Articles Posted in Estate Planning

Powers of attorney are a wonderful tool in the hands of a trustworthy person. But because it comes with a tremendous responsibility, it can also be a dangerous tool in the hands of the wrong person. 

Learn all you can before choosing your power of attorney. We have had too many cases where the wrong choice resulted in exploitation or abuse by a family member or friend.

What is a power of attorney?

A power of attorney is a document where you authorize someone, often called an agent, to act on your behalf should you no longer be able to do so. Examples include paying your bills, managing your investments. Continue reading

raised-walkway-through-forest-1427490-mIf you are caring for a child with special needs, you know it is unlike any other journey.

Whether you are new to this journey or travelling a well-worn path, you can take charge of the things that are within your reach.

Here are some important steps you can take now to help secure your child’s future and give yourself some peace of mind.

First Things First: Develop or Amend Your Estate Plans

  • What’s the best way to provide financial protection for your child with special needs without jeopardizing his or her eligibility for government benefits?
  • What happens to your child when you die?
  • What if your child isn’t able to take care of him or herself someday?

These are just a few of the questions that may be keeping you up at night. Continue reading

men-sticking-tongues-at-each-other-300x211Sibling relationships can be fraught even in the best of times. Under the stress and strain of dealing with the needs of aging parents, they can deteriorate swiftly and dramatically. It’s a common issue faced by families from all walks of life. But it can be easier to manage if you know that to expect.

It’s important to make the distinction between knowing what to expect and having expectations.

Most people, if they are honest, have an idea of how they’d like their sibling group to handle the various financial, emotional, and day-to-day needs as parents get older. But reality doesn’t always line up with those expectations. With the added pressure and anxiety of having to make important decisions and sacrifices, adult siblings often fall into old childhood patterns, triggering each other in unhealthy ways. Emotions run high. The concept of what’s “fair” gets distorted.

chinese-cup-965011-mBy Carmine Perri

When it comes to litigation over one’s estate, very little, if anything, is more contentious than the dispute over a loved one’s personal property.

Oftentimes, it is not the monetary value but rather the sentimental value that fuels this contention.

When thinking about this issue, I refer you not to our General Statutes, our case-law, or even relevant treatise, but rather a song lyric: Continue reading

dollars-1412644-mThe Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) disability programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program.

SSDI pays benefits to you and certain members of your family if you are “insured,” meaning Continue reading

love-letter-1245973-mIn your estate plan, you leave behind financial wealth and possessions, but the most valuable items you can pass on are those that cannot be measured. That’s why you should consider writing an ethical Will.

What is an ethical Will?

An ethical Will is a great way to reinforce, to those people dearest to you, your values, insights and beliefs. It is a profoundly meaningful piece of writing that captures a part of you, perhaps your very essence, that won’t be found in any formal estate plan.

An ethical Will is not a legal document; you don’t need an elder law attorney to help you draft one. In fact it’s about as official as an envelope you might use to scribble your grocery list. It’s simply your opportunity to leave a spiritual legacy to your family.

You could think of it as a love letter to those you hold close. Continue reading

iStock_000013872578SmallServing as trustee for a special needs trust demands time and skill. Time to work with professionals who provide counsel, and time to make critical decisions that could impact a beneficiary’s quality of life and financial security.

So what’s involved and who should you choose as trustee? Continue reading

life-support-plus-300x193Under the most ideal of circumstances, discussions about end-of-life care decisions are difficult, uncomfortable and often thought of as a talk better suited for a later time. But as unsettling as it is, if now is not the time to have a plan in place about your health care wishes, then when is?

No one ever wants to think about the possibility of being incapacitated or in a terminal state.  But if that were to happen, would your loved ones know what your wishes are?  Would they know where you stand on being kept alive artificially?

Having your health care and end-of-life wishes documented and in place are important for not only your peace of mind but also for your loved ones who may be tasked with seeing your wishes are met.

Last Will and TestamentA woman recently came to us very upset because her deceased husband’s estate will not all go to her – a certain amount will go to his parents. That’s the rule in Connecticut.

That’s right.

When you die without a Last Will and Testament in place, you’re giving the state permission to make decisions for you.

Did you know that 58% of all adults have no Will? Even people with high net worth are guilty of this sin of omission. According to Forbes Magazine, a survey found that 30% of people with $500,000 in assets or more do not have a Last Will and Testament.

If you don’t have a Will, maybe you think you have plenty of time to get your ducks in a row and it’s just not a priority for you right now. With that belief, you may leave your loved ones with a big headache if your future turns out to be shorter than you thought.

Without a Will, what happens to your minor children? Connecticut law gives the surviving parent Continue reading

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The Importance of Advance Healthcare Directives in a Pandemic

The COVID-19 pandemic has not only brought the world to a standstill. It has brought us face to face with our own mortality. The news headlines are filled with daily stories about the tragic loss of life and those stories make it clear that this virus is deadly to people of all ages and lifestyles.

A recent piece published by Dr. Asha Shajahan, a primary care physician in metro Detroit, poignantly conveyed the reality of life and death in a COVID-19 unit. Dr. Shajahan opened his piece with the following,

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