Yes, if you are married or in a registered relationship and in a state which recognizes that relationship. However, if you’re either, i) not married or in a registered relationship, or ii) you are in a state which does not recognize that registered relationship, then default state law allows your partner’s family of origin rather than you to make those decisions. However, if your spouse or … [Read more...] about Can I make decisions about my spouse or partner’s remains?
How can I be sure that I will be allowed to visit my spouse or partner in the hospital or assisted living facility?
If you are married or in a state that recognizes civil unions or domestic partnerships and you register as such, proof of such registration would be sufficient. Otherwise, you would need to have your spouse or partner designate you as agent under their Health Care Power of Attorney. The agent also can limit other visitors. … [Read more...] about How can I be sure that I will be allowed to visit my spouse or partner in the hospital or assisted living facility?
Can my spouse or partner make medical decisions for me if I’m sick?
If you are married, or in a registered domestic partnership or civil union recognized by your state, your spouse or partner can make those decisions for you. If you are not in a registered relationship, or that relationship is not recognized by your state, then state law would recognize your family of origin to make those decisions. However, you can override state law and give your spouse or … [Read more...] about Can my spouse or partner make medical decisions for me if I’m sick?
Can my spouse or partner handle my financial affairs if I am incapacitated?
No, you have to do estate planning in order to allow your spouse or partner to have that authority. Specifically, by designating your spouse or partner as agent under a General Durable (Financial) Power of Attorney, he or she can make decisions on your behalf regarding financial matters. … [Read more...] about Can my spouse or partner handle my financial affairs if I am incapacitated?
I’m married, why do I need to plan?
There are many important reasons to create an estate plan, such as avoiding probate, minimizing taxes and providing creditor and divorce protection for beneficiaries. … [Read more...] about I’m married, why do I need to plan?
Does domestic partnership or civil union provide all the benefits of marriage?
No. These various relationships affect state law rights and responsibilities only in the states which recognize them. Only marriage is respected by the federal government. … [Read more...] about Does domestic partnership or civil union provide all the benefits of marriage?
What do I do about Social Security?
Social Security will continue to send out benefit checks until they are notified of an individual’s death. The executor/spouse/trustee should contact the local Social Security Administration office and notify them of the death, or if a benefit check is received, send it back with a letter notifying them. This is important. If checks continue to be deposited, the recipient can incur liability later … [Read more...] about What do I do about Social Security?
How do I transfer the car(s) into my name?
If you are a relative of the deceased, this is simple in most states. To transfer the title of vehicles owned by the deceased, simply take the death certificate to the DMV, and perform the transfer, paying whatever fees they require. If not a relative, bringing along the will and or any trust documents indicating your status should be sufficient. … [Read more...] about How do I transfer the car(s) into my name?
Can I pick and choose what assets go into the “B” trust?
The answer depends upon the language of the trust document. Certain trusts include “pick and choose” language that allows trustees to selectively place assets into the “B” trust. … [Read more...] about Can I pick and choose what assets go into the “B” trust?
I thought that a living trust avoids probate and attorney fees. Why do I have to pay more fees?
While having a living trust can significantly reduce costs compared to probate, there is still a considerable amount of work to be done in properly administering even a simple living trust. The services of an attorney are required, and that person or firm should be compensated fairly for their services. It is important to remember that the fees allowed for trust administration are usually much … [Read more...] about I thought that a living trust avoids probate and attorney fees. Why do I have to pay more fees?
