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	<title>Ask Liz Weston &#187; Estate planning</title>
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	<link>http://asklizweston.com</link>
	<description>Personal Finance Columnist</description>
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		<title>Who needs an estate plan?</title>
		<link>http://asklizweston.com/2011/11/14/who-needs-an-estate-plan/</link>
		<comments>http://asklizweston.com/2011/11/14/who-needs-an-estate-plan/#comments</comments>
		<pubDate>Mon, 14 Nov 2011 17:09:30 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Estate planning]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[durable power of attorney]]></category>
		<category><![CDATA[estate]]></category>
		<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[estate plans]]></category>
		<category><![CDATA[estate tax]]></category>
		<category><![CDATA[powers of attorney]]></category>
		<category><![CDATA[Quicken WillMaker]]></category>
		<category><![CDATA[wills]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=3099</guid>
		<description><![CDATA[Dear Liz: My wife and I, ages 58 and 60 respectively, are both retired and collecting $3,500 a month in pensions. We have about $375,000 in two 401(k) accounts and owe about $75,000 on our home. Should we be thinking about estate planning? If so, who does this work and how much do they charge? [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> My wife and I, ages 58 and 60 respectively, are both retired and collecting $3,500 a month in pensions. We have about $375,000 in two 401(k) accounts and owe about $75,000 on our home. Should we be thinking about estate planning? If so, who does this work and how much do they charge?</p>
<p><strong>Answer:</strong> Unless your home is a mansion, you probably don&#8217;t have to worry about the federal estate tax, which currently affects only estates worth $5 million or more. After 2012, the limit is scheduled to drop to $1 million.</p>
<p>But you still need an estate plan. Most important, you need legal documents that can help others take over for you should you become incapacitated. Powers of attorney for healthcare and finances can allow someone you trust to pay your bills, make medical decisions and otherwise handle your affairs. Spouses typically name each other as their preferred agents, but you also need to name back-ups in case one of you dies or you&#8217;re both injured in the same accident, for example.</p>
<p>You also probably need a will to say who gets what when you die, and you may want to consider a living trust if the probate process in your state is particularly lengthy or expensive (as it tends to be in California). You can create all these documents yourself using software products such as Quicken WillMaker or Nolo&#8217;s Online Living Trust. If you want a little more guidance — and many people do — you should look for an attorney who specializes in estate planning. A simple will with powers of attorney will cost a few hundred dollars, while a living trust typically costs $2,000 or more.</p>
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		<item>
		<title>Don&#8217;t count on an inheritance to fund your retirement</title>
		<link>http://asklizweston.com/2011/06/20/dont-count-on-an-inheritance-to-fund-your-retirement/</link>
		<comments>http://asklizweston.com/2011/06/20/dont-count-on-an-inheritance-to-fund-your-retirement/#comments</comments>
		<pubDate>Mon, 20 Jun 2011 16:40:31 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Estate planning]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Retirement]]></category>
		<category><![CDATA[401(k)]]></category>
		<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[Inheritance]]></category>
		<category><![CDATA[IRA]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2843</guid>
		<description><![CDATA[Dear Liz: I&#8217;m 56, make $30,000 and have no credit card debt. I rent and I have no assets except for about $350,000 to $400,000 in cash, stocks, oil and gas leases and property that I will inherit from my mom&#8217;s living trust. She is 85 years old. Are there any specific suggestions you would [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I&#8217;m 56, make $30,000 and have no credit card debt. I  rent and I have no assets except for about $350,000 to $400,000 in cash,  stocks, oil and gas leases and property that I will inherit from my  mom&#8217;s living trust. She is 85 years old. Are there any specific  suggestions you would give me to be preparing for my retirement years?</p>
<p><strong>Answer:</strong> Let&#8217;s be clear: You have no assets. Your mother does, and  she may plan to give those to you, but those plans could change. She  may well need her money for living expenses and long-term care, which  could easily eat up that nest egg.</p>
<p>So you need to start saving on your own for retirement. You may think  you can&#8217;t live on less than you are now, but make no mistake: You&#8217;ll be  living on significantly less if you don&#8217;t save. Your Social Security  benefit, if you retire at 66, will be around $1,000 a month.</p>
<p>If you have a workplace retirement plan such as a 401(k), start  contributing to that. If you don&#8217;t, put money aside in an individual  retirement account. If your adjusted gross income is under $27,750, you  may qualify for a tax credit that can help you, known as the Retirement  Savings Contributions Credit or Savers Credit. (You&#8217;ll use Form 8880 to  figure the credit; visit <a href="http://www.irs.gov/">http://www.irs.gov</a> for more information.)</p>
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		<title>DIY wills and trusts can backfire</title>
		<link>http://asklizweston.com/2011/05/31/diy-wills-and-trusts-can-backfire/</link>
		<comments>http://asklizweston.com/2011/05/31/diy-wills-and-trusts-can-backfire/#comments</comments>
		<pubDate>Tue, 31 May 2011 18:37:17 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Elder Care]]></category>
		<category><![CDATA[Estate planning]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[estate]]></category>
		<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[estate plans]]></category>
		<category><![CDATA[Medicaid]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2814</guid>
		<description><![CDATA[Dear Liz: I wanted to thank you for urging people not to be cheap when doing their estate planning. I am an estate planning and elder-law attorney in Los Angeles, and every do-it-yourself trust or will I&#8217;ve seen makes it compulsory to leave income and assets to the spouse. This is a huge mistake in [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I wanted to thank you for urging people not to be cheap  when doing their estate planning. I am an estate planning and elder-law  attorney in Los Angeles, and every do-it-yourself trust or will I&#8217;ve  seen makes it compulsory to leave income and assets to the spouse. This  is a huge mistake in many cases. That&#8217;s because such a transfer will  disqualify the spouse from receiving government aid from <a id="HEPRG00001" title="Medicaid" href="http://www.latimes.com/topic/health/government-health-care/medicaid-HEPRG00001.topic">Medicaid</a> (which is called Medi-Cal in California). The result could literally  mean hundreds of thousands of dollars are lost. This area of law is  extremely complicated and only a knowledgeable elder-law and estate  planning attorney should be advising people about it.</p>
<p><strong>Answer:</strong> Medicaid planning is a controversial topic, since the  federal program is designed to help the indigent, not those trying to  preserve assets. That&#8217;s why the programs have look-back periods  (typically five years, although it&#8217;s 30 months in California) to  discourage people from transferring assets just to qualify.</p>
<p>But your point is well taken that estate planning and elder-law issues are too complicated for do-it-yourself solutions.</p>
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		<title>Variable annuity for a dying woman? I don&#8217;t think so</title>
		<link>http://asklizweston.com/2011/02/21/variable-annuity-for-a-dying-woman-i-dont-think-so/</link>
		<comments>http://asklizweston.com/2011/02/21/variable-annuity-for-a-dying-woman-i-dont-think-so/#comments</comments>
		<pubDate>Mon, 21 Feb 2011 21:40:53 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Annuities]]></category>
		<category><![CDATA[Estate planning]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Retirement]]></category>
		<category><![CDATA[insurance agent]]></category>
		<category><![CDATA[variable annuities]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2610</guid>
		<description><![CDATA[Dear Liz: We were recently advised by a financial advisor to put $500,000 into a variable annuity. It is for my mother&#8217;s trust, and frankly, my mother is not expected to live past another year. The cost of the annuity is supposed to be 1% above our current fees, and there is a floor on [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> We were recently advised by a financial advisor to put  $500,000 into a variable annuity. It is for my mother&#8217;s trust, and  frankly, my mother is not expected to live past another year. The cost  of the annuity is supposed to be 1% above our current fees, and there is  a floor on our investment so that no matter what happens in the market,  if  my mother dies we would still get the $500,000 back. If the market  rises, we get the higher fund balance upon her death. Articles that I  read online say that variable annuities cost more, generate large fees  for the seller and the survivor has to pay taxes on the distribution as  ordinary income, not as capital gains. They say variable annuities are  not really good, and brokers can get $30,000 to $50,000 in fees on a  $500,000 annuity. What is your opinion of a variable annuity?</p>
<p><strong>Answer: </strong>Run this investment past a fee-only financial planner —  one who is paid only by fees from you, not commissions on insurance  products. You&#8217;ll get an earful about why this investment is probably a  bad idea.</p>
<p>Your research has turned up most of the disadvantages. One you didn&#8217;t  mention was surrender charges. If the money needs to be accessed in a  hurry, you are likely to pay stiff fees for doing so.</p>
<p>Variable annuities are designed to be long-term retirement savings  vehicles, not short-term  repositories for cash. If you&#8217;re concerned  about the safety of your mother&#8217;s investments, talk to the fee-only  planner about your options, such as moving some or all of the money to  an <a id="ORGOV0000242" title="Federal Deposit Insurance Corporation" href="http://www.latimes.com/topic/politics/regulatory-policy-organizations/federal-deposit-insurance-corporation-ORGOV0000242.topic">FDIC</a>-insured bank account.</p>
<p>&#8220;I know it&#8217;s boring, but the money will be there in case they need it  for Mom,&#8221; said financial planner Delia Fernandez of Los Alamitos. &#8220;And  it will be liquid and available at her death to help settle final  costs.&#8221;</p>
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		<title>Inherited stocks may come with an extra tax bill&#8211;or not</title>
		<link>http://asklizweston.com/2010/11/29/inherited-stocks-may-come-with-extra-tax-bil/</link>
		<comments>http://asklizweston.com/2010/11/29/inherited-stocks-may-come-with-extra-tax-bil/#comments</comments>
		<pubDate>Mon, 29 Nov 2010 17:06:59 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Estate planning]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Taxes]]></category>
		<category><![CDATA[estate]]></category>
		<category><![CDATA[estate tax]]></category>
		<category><![CDATA[step-up in basis]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2438</guid>
		<description><![CDATA[Dear Liz: My father died in June, and I inherited part of his stock portfolio. I understand in 2010 there is no estate tax but have heard different opinions (from my tax advisor and two financial advisors) as to what my tax basis will be when the stocks eventually are sold. The opinions are that [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> My father died in June, and I inherited part of his  stock portfolio. I understand in 2010 there is no estate tax but have  heard different opinions (from my tax advisor and two financial  advisors) as to what my tax basis will be when the stocks eventually are  sold. The opinions are that 1) I will get no  step-up in tax basis, so  that I will pay tax on the difference between the sale price and what  Dad paid for the stocks; 2) that I will get a 100% step-up, so that the  stocks will get a new basis based on their value at Dad&#8217;s death, which  would minimize capital gains taxes; or 3) some combination of the two —  basically, a certain portion would have the step-up allowed and the  balance would not be eligible for the step-up. Can you clarify?</p>
<p><strong>Answer:</strong> You&#8217;ll need to talk to the executor of your dad&#8217;s estate.</p>
<p>Here&#8217;s  why. When there is an estate tax in place, the assets in people&#8217;s  estates get &#8220;stepped up&#8221; to their value at the time of the person&#8217;s  death. This is a huge boon to the vast majority of estates. Most  people&#8217;s estates don&#8217;t owe estate taxes, but they still get this  favorable tax treatment so that no tax is paid on the gains that  occurred during the person&#8217;s lifetime.</p>
<p>When the estate tax  disappeared for 2010, the step-up rules changed as well. Each estate  instead is allowed $1.3 million of step-up, which the executor can  allocate any way he or she wants, said estate attorney Burton A.  Mitchell of Jeffer Mangels Butler &amp; Mitchell in Los Angeles,  although no asset can receive a step-up that&#8217;s more than its fair market  value.</p>
<p>If your father&#8217;s estate had less than $1.3 million of unrealized capital gains, then  all of your inherited portfolio gets a step-up in tax basis. If the gains exceed that amount, however, some or none of the portfolio would get the  step-up, depending on the executor&#8217;s decision.</p>
<p>The executor has to file a form with the <a id="ORGOV000010" title="Internal Revenue Service" href="http://www.latimes.com/topic/economy-business-finance/internal-revenue-service-ORGOV000010.topic">IRS</a> outlining how the step-up is allocated. This form is due with the decedent&#8217;s final income tax return, Mitchell said.</p>
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		<title>Executor won&#8217;t have to pay mother&#8217;s debts out of pocket</title>
		<link>http://asklizweston.com/2010/11/15/executor-wont-have-to-pay-mothers-debts-out-of-pocket/</link>
		<comments>http://asklizweston.com/2010/11/15/executor-wont-have-to-pay-mothers-debts-out-of-pocket/#comments</comments>
		<pubDate>Mon, 15 Nov 2010 17:05:46 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Estate planning]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[executor]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2420</guid>
		<description><![CDATA[Dear Liz: I was concerned about something you wrote recently about the responsibilities of an executor — that he or she can be held personally responsible for settling an estate. I am listed as executor of my mother&#8217;s estate. She lives with my sister, has no assets other than a car she owes money on [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I was concerned about something you wrote recently  about the responsibilities of an executor — that he or she can be held  personally responsible for settling an estate. I am listed as executor  of my mother&#8217;s estate. She lives with my sister, has no assets other  than a car she owes money on and an $11,000 credit card debt. Would I  have to pay this balance if she dies owing it?</p>
<p><strong>Answer:</strong> You  misunderstood. An executor can be held personally responsible for  mistakes made in settling an estate. But if you follow the procedures  laid out by your state&#8217;s probate court, you shouldn&#8217;t have a problem.</p>
<p>When  your mother dies, you&#8217;ll be required to make an inventory of her assets  (the car) and her debts (the car loan and the credit card balance). Any  assets must first be used to pay her creditors, with the order  determined by state law. If her car loan is worth less than her car, for  example, the car typically would be sold, the car loan paid off and any  remaining equity used first to pay the costs of settling her estate and  her funeral expenses. If there&#8217;s money left over, it would be used to  pay as much as possible of the credit card balance (assuming there are  no other debts that would take priority, such as federal or state tax  debt).</p>
<p>If there isn&#8217;t any money left to pay creditors, on the  other hand, you simply inform them of that fact and they have to write  off the balance as bad debt. You aren&#8217;t personally responsible for  paying your mother&#8217;s debts, unless you cosigned on a loan or are a joint  account holder on a credit card.</p>
<p>Where you might run into trouble  is if you ignore your state&#8217;s laws, sell the car and pocket the  difference or distribute it to other heirs. You also run into trouble by  paying one creditor ahead of another in violation of state law. Because  you can be held personally responsible for mistakes made in settling  the estate, it would be smart to get an attorney&#8217;s help.</p>
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		<title>Credit cards must be paid before estate is distributed</title>
		<link>http://asklizweston.com/2010/10/04/credit-cards-must-be-paid-before-estate-is-distributed/</link>
		<comments>http://asklizweston.com/2010/10/04/credit-cards-must-be-paid-before-estate-is-distributed/#comments</comments>
		<pubDate>Mon, 04 Oct 2010 15:54:44 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[Estate planning]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[estate]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2348</guid>
		<description><![CDATA[Dear Liz: My oldest sister died recently. She owed a fair amount of credit card debt. She willed her condominium and the rest of her estate to my brother. Must my brother pay my sister&#8217;s debts from what he receives after he sells the condo, or are those debts considered closed? Answer: Creditors typically must [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> My oldest sister died recently. She owed a fair  amount of credit card debt. She willed her condominium and the rest of  her estate to my brother. Must my brother pay my sister&#8217;s debts from  what he receives after he sells the condo, or are those debts considered  closed?</p>
<p><strong>Answer:</strong> Creditors typically must be paid before  the remainder of an estate can be distributed to any heirs. That&#8217;s true  even if specific items or dollar amounts are willed to specific people —  they  get what&#8217;s left only after the creditors get their share. If  there isn&#8217;t enough money in the estate to pay the creditors in full, the  executor of the estate is responsible for arranging settlements and the  heirs typically get nothing.</p>
<p>Since it sounds as if  your brother  is also the executor, he would be wise to consult an attorney at this  point. Executors can be held personally responsible — and sued — for any  mistakes made in settling an estate.</p>
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		<title>Dad died without a will. What now?</title>
		<link>http://asklizweston.com/2010/06/14/dad-died-without-a-will-what-now/</link>
		<comments>http://asklizweston.com/2010/06/14/dad-died-without-a-will-what-now/#comments</comments>
		<pubDate>Mon, 14 Jun 2010 15:46:23 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Estate planning]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[executor]]></category>
		<category><![CDATA[mortgage]]></category>
		<category><![CDATA[Probate]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2043</guid>
		<description><![CDATA[Dear Liz: My father recently died and did not have a will or living trust. He has a joint mortgage with my mother and two car loans under his name only. Can we just keep paying all the loans even though he is no longer around? And if we do, when the debts are paid, [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> My father recently died and did not have a will or living trust. He has a joint mortgage with my mother and two car loans under his name only. Can we just keep paying all the loans even though he is no longer around? And if we do, when the debts are paid, who gets ownership? Lastly, should we call all of his creditors and let them know he has died? Please help, we are in dire need of advice.</p>
<p><strong>Answer:</strong> Every state has rules that determine who gets what if someone dies intestate — without a will or trust. The court process where this is sorted out is called probate, and the surviving spouse is typically the executor or person responsible for settling debts and distributing assets. Mortgages and car loans stay with the property that secures them, which means whoever inherits the asset inherits the debt, according to attorney Mary Randolph, author of &#8220;The Executor&#8217;s Guide.&#8221;</p>
<p>If your dad&#8217;s estate was small — less than $500,000 — you or your mother may be able to handle the probate process with the help of an accountant. If his estate was larger or you feel you need more help, contact a probate attorney, who can help you get the process started and advise you about your state&#8217;s laws. And yes, your mom will need to notify creditors as well as any sources of income your dad may have had, such as employers, Social Security or a pension.</p>
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		<title>A guide for executors</title>
		<link>http://asklizweston.com/2010/05/24/a-guide-for-executors/</link>
		<comments>http://asklizweston.com/2010/05/24/a-guide-for-executors/#comments</comments>
		<pubDate>Mon, 24 May 2010 16:10:12 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Estate planning]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[executor]]></category>
		<category><![CDATA[living trust]]></category>
		<category><![CDATA[Nolo]]></category>
		<category><![CDATA[successor trustee]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2008</guid>
		<description><![CDATA[Dear Liz: Though there seems to be an unlimited number of books and seminars concerned with establishing a family revocable trust or living trust, there also seems to be a shortage of information on the steps a person would take to settle and distribute the proceeds of the trust when the last trust creator dies. [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> Though there seems to be an unlimited number of books and seminars concerned with establishing a family revocable trust or living trust, there also seems to be a shortage of information on the steps a person would take to settle and distribute the proceeds of the trust when the last trust creator dies. Lawyers seem reluctant to reveal the legal steps required. Are you aware of a good publication with a minimum of legalese?</p>
<p><strong>Answer:</strong> The book you&#8217;re looking for is &#8220;The Executor&#8217;s Guide&#8221; by attorney Mary Randolph from self-help legal publisher Nolo. The book, currently in its fourth edition, outlines the duties of someone who settles an estate or trust, offering a week-by-week and step-by-step guide. You&#8217;ll find the book in regular bookstores, online bookstores and at Nolo&#8217;s site, at <a href="http://www.nolo.com/">http://www.nolo.com</a>, both in physical form and as an e-book.</p>
<p>The job can be complex and you could be liable for any mistakes, which is why many people choose a lawyer&#8217;s help. Such help is all but a necessity if you&#8217;re dealing with a large estate (more than $1 million) or with contentious relatives. Even then, &#8220;The Executor&#8217;s Guide&#8221; can give you a clearer idea of what&#8217;s involved.</p>
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		<title>The documents you need, but probably don&#8217;t have</title>
		<link>http://asklizweston.com/2010/04/19/the-documents-you-need-but-probably-dont-have/</link>
		<comments>http://asklizweston.com/2010/04/19/the-documents-you-need-but-probably-dont-have/#comments</comments>
		<pubDate>Mon, 19 Apr 2010 16:15:24 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Elder Care]]></category>
		<category><![CDATA[Estate planning]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[durable power of attorney]]></category>
		<category><![CDATA[elder care]]></category>
		<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[living trust]]></category>

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		<description><![CDATA[Dear Liz: Good news! I wrote to you recently about being unable to find my elderly father’s signed living trust. However, just by luck (or maybe it was prayers to St. Anthony), the original copy of the trust has turned up! So that’s one problem solved. Now I hope you’ll tell people how important it [...]]]></description>
			<content:encoded><![CDATA[<p>Dear Liz: Good news! I wrote to you recently about being unable to find my elderly father’s signed living trust. However, just by luck (or maybe it was prayers to St. Anthony), the original copy of the trust has turned up! So that’s one problem solved. Now I hope you’ll tell people how important it is to sure your parents have filled out durable powers of attorney for finances and for health care. We had a health care power of attorney for him, but my dad never filled out the other kind, which has made it extremely difficult to handle his finances now that he’s had a stroke and is in a nursing home. Our only option may be to get a court to appoint a conservator of his estate but it sounds like that would be complicated, costly, and probably take a long time.</p>
<p>Answer: Every adult who cares about his or her family should have durable powers of attorney for health care and for finances. As you’ve discovered, the lack of these documents can cause huge problems, forcing families to go to court to get authority to make decisions.</p>
<p>Many people assume incorrectly that their spouses can just take over. In reality, without a durable power of attorney a spouse may not have the legal authority to transactions involving real estate, investments and other assets, even if they’re jointly held. If the spouse is also incapacitated or dies first, getting anything done—down to paying the light bill—can become impossible.</p>
<p>Your father’s living trust may have language that allows the successor trustee (the person who would manage his assets after his death) to make decisions regarding the assets in case of your father’s incapacity. But he still needed a durable power of attorney for finances so that someone else had legal authority to make decisions about assets held outside the trust and to pay bills.</p>
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