Estate Planning Guide What You Need to Know - CAW

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June 2022

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Law Firm of Figeroux & Associates

INSIDE: •Getting

Your Documents in Order •Do

You Need Extra Insurance?

•The

Importance of a Living Trust

•Updating

•Estate

Your Will

Planning for LGBQTIA+ Community

•Planning for Disabled Children

•Choosing

An Estate Attorney

•Taking

Inventory

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Getting Your Documents In Order Do You

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Need Extra Insurance?

Last Will and Testament Wills are the most well-known of these documents, providing an official road map for where your belongings will go. Beyond describing who will receive your assets, the last will and testament also designates a manager to settle your estate and a legal guardian for any minor children.

Otherwise, a court will make these appointments.

ftentimes, we think of every detail in advance of our unfortunate demise ... except paying for the final ceremony. You may assume that a life-insurance policy covers the cost of a funeral, but that’s not always the case — and these expenses can quickly add up.

In November 2021, the National Funeral Directors Association estimated that median costs had increased almost 7% over the past five years to $7,848. The price of cremation was going up faster still, at an increase of more than 11% to $6,970 over the same timeframe. Funeral insurance might provide your family with the peace of mind needed during an already-stressful moment.

uilding an estate plan requires a clearly marked paper trail so that your wishes can be followed.

Organizing everything beforehand ensures that these end-oflife allocations are doled out in a timely and fair manner. Here’s what you’ll need:

Power of Attorney Unfortunately, our deaths are sometimes preceded by lengthy illnesses.

A durable power of attorney ensures that your estate is cared for, even if you are incapacitated late in life. Your designee will make sure bills are paid, manage investments and attend to other daily responsibilities so that these things don’t become an issue in death. You can set up an immediate power of attorney, if you are have pending surgery or are facing wors-

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ening health issues. A so-called “springing” power of attorney doesn’t become active until you are unable to handle your own affairs — but it isn’t available in all states.

Letter of Instruction This is not legally required, or in any way binding, but it might be a good idea. A letter of instruction provides larger context for your wishes, while also directing the executor and your remaining family to important paperwork and other belongings. For instance, you might outline where your safe-deposit box is located, along with the key and a list of all contents. Some choose to discuss preferences for funeral and burial, and the names of anyone else who

should be notified. Feel free to prepare this letter yourself, while an attorney should handle other necessary estate-planning documents.

Why It’s Important Legal documents provide a platform for your decisions to be heard. You won’t be around to protect your belongings, or justify your personal choices. This paperwork becomes your voice, while easing the responsibilities — and perhaps even the pain — for those left behind. Complex determinations about distribution of possessions and final issues with your finances will be fixed and approved, allowing everyone else to move on with grieving.p

Burial Insurance An unexpected funeral expense might arrive with other unresolved personal debts, added yet another burden for grieving loved ones.

Burial insurance can alleviate that worry. This works like a life insurance policy, but with a smaller benecontinued on page 3

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Importance of a Living Trust

Do You Need Extra Insurance?/ continued from page 2

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ost know how critical it is to create a last will and testament when estate pre-planning. Despite its name, however, a will isn’t the final document you need to ensure a smooth transferal of your earthly possessions to the next generation. Here’s a look at how a living trust smooths the way for the proper execution of your will.

How Trusts Work Without a living trust, you risk sending your surviving family members through a drawn-out legal proceeding known as probate. These hearings first determine whether a will is valid. They then turn their attention to locating and valuing a decedent’s assets. Any outstanding bills and tax debts are paid. Finally, probate hearings make a determination on distributing whatever remains to those who are named in your will. Living trusts streamline the process, proving for a designated family member or friend to manage your property. They can then quickly resolve these end-of-life issues.

Appointing Someone The very first requirement is finding an executor who you completely trust

to handle this important process in your absence. Your executor should also be someone who is mature enough to deal with a very difficult assignment. If you can’t find the right person — or if the intention is to leave out all direct beneficiaries — then you can name a representative from your bank or trust company to handle things.

Setting Them Up A person who you appoint handles everything that the court would slowly work its way through, transferring ownership to your intended beneficiaries and following any other instructions. Seek out the advice of an attorney who specializes in living trusts and wills, so that you can be assured that everything in these documents is legally binding. What if you change you mind? Living trusts

are revocable, as long as you’re deemed mentally competent.

Potential Problems There is one notable downside.

Living trusts are typically far more costly to set up than the average straight-forward will. In the long run, however, that additional cost will be worth it in your absence since your family won’t have to deal with probate. Be aware that some banks and mortgage companies require that any real estate be removed from the trust before refinancing. A pre-planning professional can walk you through the process. Also, be sure to name yourself and spouse as trustees in your living will, so you’ll remain in control of all assets before your death. your finances will be fixed and approved, allowing everyone else to move on with grieving.p

fit — generally ranging from about $10,000 to $25,000. Under most state laws, these policies must be secured through an insurance company agent or broker, according to the Insurance Information Institute. The benefit is immediately paid to your designated survivor and can be dispersed as they wish. That includes final arrangements, of course, but also the decedent’s bills like medical or credit-card debts, mortgages, and personal loans. Shop around, however, because rates can be different based on age, health conditions and other coverage.

Pre-Need Policies Even standard life insurance policies with a death benefit require that survivors take over planning the funeral. Pre-need policies ensure that all those details are handled in advance.

The difference between these policies continued on page 4

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Updating Your Will

Do You Need Extra Insurance?/ continued from page 3

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ills are designed to be ironclad documents that set forth how you want assets dispersed to loved ones.

They take the guesswork — or, in some sad cases, the arguments — out of a critical moment in this very emotional process. But they’re not ironclad at all.

In fact, there are several instances in which you should go back and update this document so that it doesn’t end up creating the very end-of-life problems you’re trying to avoid.

Marital Status If you get married after executing a will, you’ll need to add your new spouse as a beneficiary. Most states allow a spouse to receive their portion of an estate, even if a will is not in place. But securing that benefit can be a lengthy and difficult process.

Obviously, your will might also be changed if you get a divorce, since your spouse would typically no longer be a beneficiary. Spouses are also generally named as guardians for minor children and estate executors in wills, so those designations may also need to be updated when a marriage ends.

Tax Laws Work directly with a professional

estate planner when crafting this document, since they will have the most upto-date information on your will’s tax implications. But be aware that these laws change, and sometimes your final document has to be updated in order to remain in the appropriate legal standing. A legal representative should make periodic reviews of your will, with an eye toward updating things like estate-tax issues.

Adding a ‘P.S.’ If you’re only adding a small change after the will has been competed, you may choose to make what’s called a codicil — basically a legal “P.S.” to your will. An extra page is written, signed and witnessed, just as your original will was, then attached. After death, both documents are to be read and followed. More important chances should involve an entirely new will.

and burial insurance relates to the beneficiary. With the pre-need option, foreseen costs including the ceremony, burial or cremation are again paid — but directly to your selected provider, rather than to a designated family member or friend.

When deciding, look for policies that feature locked-in pricing, so your service costs will be fixed. Make sure the policy is transferable in the event you move or die elsewhere.

Financial Situation If you endure an economic downturn, it may be necessary to pay out less to your beneficiaries to make sure that the estate’s other obligations are still met in your absence. On the other hand, if you experience a notable financial uptick, you may want to increase the benefit for those you leave behind — or maybe even add a new beneficiary.

Ask for Advice A will is your ironclad way to disperse your assets to loved ones as you wish.

Don’t be afraid to ask your legal expert for advice on other moments that may benefit your last will and testament.

Remember, this document is incredibly important to keep accurate as it articulates your vision and solidifies your legacy.p

A Frank Discussion Whatever you choose, it’s important to have a frank discussion about your wishes in advance.

Talking about death is never easy, but the more your survivors understand your particular approach to funeral services, the easier it will be when the time comes. p

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June is Pride Month! Estate Planning for the LGBTQIA+ Community

BY LINDA NWOKE

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veryone needs proper estate planning, especially if you want to protect your assets and loved ones in the event of an illness or accident. For communities of people described according to their sexuality, physiological sex characteristics, and gender as lesbian, gay, bisexual, transgender, intersex, queer/questioning, asexual, non-binary, and pansexual (LGBTQIA+), it is a critical document to have in place.

Studies indicate that non-heterosexual people encounter almost twice as much violence or abuse, such as mental, sexual, physical, or emotional, than their heterosexual counterparts.

Such discrimination and prejudice cause an additional layer of risk in addition to the social, biological, psychological, and environmental factors that often lead to anxiety, depression, and suicide in some instances.

Both real-life and research experiences have found that LGBTIQA+ people often have an increased risk of anxiety and depression, suicidal thoughts, self-harming, and engage in substance abuse Nevertheless, regardless of any individual's orientation, estate planning remains vital because of the numerous advantages of its power to reduce the probate process and its delays, expenses, and loss of privacy in some instances. An additional benefit includes the incorporation of business succession and charitable giving into an estate plan.

However, most life and estate planning issues fall within matters of state law. The state has rules that specify what happens to the individual, loved ones, and assets during their lifetime, incapacitation, and after death. Hence preparing a plan will ensure the execution of the person's wishes by people they trust.

However, for the LGBTQIA+ community, having their estate planned legally protects the individual against discrimination even when others are reluctant to recognize their preferences and relationships. For married couples and families, beyond permitting partners the right to make decisions, especially in a case of need for care of their loved ones if incapacitated, it also creates the mechanisms that financially provide for the partner in

the situation.

Impact of U.S Supreme Court Legalization of Same-Sex Marriages In 2015, the U.S. Supreme Court, in the case between Obergefell v.

Hodges, ruled and legalized same-sex marriages. The legislation stated that a valid same-sex marriage in one state must be recognized in all states.

Hence, creating opportunities for married lesbian and gay couples to benefit from the once-out-of-reach estate planning strategies. The historic legislation made same-sex marriage a fundamental constitutional right. It provided the union an opportunity to protect its interests in case of any eventuality.

The Supreme Court's decision to recognize same-sex marriages opened many previously unavailable tax savings and legal tools only available to "traditional" legally recognized marriages.

Married same-sex couples with proper estate planning documentation will receive all eligible state and federal benefits of marriage. Some federal benefits include an unlimited marital deduction for federal estate and gift taxes.

The federal government does not recognize non-marriage alternatives such as adults in civil unions and domestic partnerships. Thus, they will not receive these privileges.

Rather, such couples will likely receive partnership-based decisionmaking benefits and privileges, which require a different type of planning. This partnership is characterized, thus creating a possibility of the legal framework to protect the partners within the union.

Furthermore, unmarried same-sex couples who cannot receive maritalbased tax benefits can use other legal

mechanisms. They will ensure that partners within the relationship receive the legal right to inherit each other's assets.

In addition, they will also be able to make health care decisions for each other. However, their legal framework differs from that of a legally married couple.

The Importance of a 'Revocable Living Trust' for the LGBTQIA+ Community Many people think of a Trust as a fixed document owned by the rich to keep their children from wasting the family fortune. Instead, it is a very flexible, powerful, and valuable Life Planning document for anyone that desires it.

In the case of many LGBTQIA+, they rarely confine themselves to traditional family structures. Thus, their families often include ex-spouses, biological children with former legal spouses, parents, stepchildren, adopted children, siblings, "in-laws," and unrelated, chosen families.

While single LGBTQIA+ individuals can have their blood family or choose to form "chosen families" of friends and strong support communities. Thus, adopting a traditional "blood-related" family will exclude the most important people in their lives as LGBTQIA+ individuals.

The absence of a Trust can be tragic at worst for such a person, estranged from their family or relatives. The state will make decisions that ignore your partner, close family members, friends, and any cause that matters to you.

Therefore, life planning becomes essential, and the consideration of a Trust is valuable.

In an arrangement such as living together or marriage, a revocable liv-

ing trust authorizes the couple to appoint each other as trustees. It allows them to control their loved one's financial affairs if any becomes incapacitated.

Another instrument for managing the affairs of a loved one is a durable financial power of attorney.

However, the rules and requirements vary from state to state, making it necessary for review and reconfiguration if they relocate.

In New York, a healthcare power of attorney or healthcare proxy allows couples to appoint their partner to make necessary healthcare decisions on their behalf. It is considered essential for LGBTQIA+s in marital or cohabitation living arrangements.

Cases of Advance Healthcare Directive for the LGBTQIA+ Community In addition to a health care power of attorney or trustee, a Health Insurance Portability and Accountability Act (HIPAA) privacy authorization form is essential. This federal law-backed act protects and prevents the disclosure of sensitive patient health information without the patient's consent or knowledge.

The privacy authorization form permits healthcare professionals to disclose important health and medical records to a partner.

An existing and durable health care power of attorney can prevent biological family members' attempts to interfere with a partner's or spouse's ability to make medical decisions for their loved one. Therefore, the instrument can avoid interference from family.

The Importance of a 'Will' for the LGBTQIA+ Community with Minor Children A will is essential in several situations, especially where same-sex couples have children, and one of the parents is non-biological. The choice serves as a legal tool to address the guardianship of the minor children in the family. It is the only document that states children's control and identifies or names an executor. The absence of this instrument resulted in many custody battles over LGBTQIA+ parents' non-biological children among families due to the continued on page 6

ADMINISTERING & SETTLING ESTATES "The Law Firm of Figeroux & Associates was founded to serve our clients, but also to contribute to the greater good."

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Choosing An Estate Attorney

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rganizing your estate can be overwhelming without the help of an expert. With the assistance of an estate planning attorney, you can discuss your vision for your assets before death. Don’t risk creating a plan that doesn’t specify your decisions to the exact details.

When searching for a specialized attorney, it’s important to chat with a few different experts in your area.

Make sure you feel comfortable in their office as the discussions of finances and final wishes can be intimate. Once you find several attorneys to interview for the role, here are some questions you should ask before deciding: How Long Have They Been Practicising Estate Planning Law? Many general attorneys will advertise that estate planning is a part of their practice. They can be a great help when creating legal documents like a will, health care directives and power of attorney. However, if your financial situation is more complicated, an experienced estate planning lawyer will have better knowledge of the ever-changing laws and know how to protect your legacy.

If your financial situation is more complicated, an experienced estate planning lawyer will have better knowledge of the ever-changing laws and know how to protect your legacy.

You should also know how long they have been in practice. Someone who has extensive experience in the industry has likely discovered flaws in previous cases and has learned how to correct them. Ensuring your final wishes are in good hands, is great peace of mind for both you and your loved ones.

Do They Regularly Update Plans?

To stay on top of your estate, find an attorney who offers an updating and maintenance program. The service may cost more, but they will contact you throughout the year and discuss

new techniques, life-changing events which may impact your plans and alterations to laws.

Working with a lawyer who stays in contact with you about your estate plan ensures your documents will be up-to -date when it’s needed.

How Do They Charge?

Estate planning is necessary to prepare your family before your death.

Ask about the fees the attorney charges. During the interview, find out if he or she charges a fixed rate or hourly. You don’t want to be surprised with unexpected fees. p

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The LGBTQIA+ Community/ continued from page 5

death or incapacity of their biological parents.

Over time, several studies show that the LGBTQIA+ community often lags in having a revocable living trust or will in place. This document is critical for non-married LGBTQ+ people in a committed relationship. The State law, which often takes precedence in such cases, will, by default, grant rights to biological family members without legal documents to state otherwise.

In another instance, if one of the partners is in a legal union before marriage, the partner is subject to the patchwork of previous state laws.

There is the possibility of unintended consequences for new estate planning.

Before 2015, some gay and lesbian couples who got married in states that recognized their marriage but later moved believed their marriage was non-binding in the states that did not recognize same-sex marriage.

These couples may split up without legally dissolving their marriage.

However, some states will automatically convert registered civil unions or domestic partnerships into legal marriages.

Consequently, there are now LGBTQIA+ people who are married and unaware that they are open to the possibility of future claims against their estate from a previous marriage. It is pertinent that previous LGBT relationship structures must be addressed before finalizing one's estate plan.

Ensure that previous legal arrangements, civil unions, and domestic partnerships are resolved and dissolved to protect against such eventualities.

Ultimately, specific issues unique to the LGBTQIA+ community make planning more complex. This article is a summary to encourage LGBTQIA+ communities to consider estate planning's contribution to creating a Life Plan that brings clarity, authority, ease, and peace of mind to daily affairs.

Legal Help If you have questions regarding the inheritance of your property, who can make decisions for you if you're unable to, and who you would like to care for your children should the need arise, call the experienced professionals at the Law Office of Figeroux & Associates. To schedule an appointment, call 855-768-8845 or visit www.askthelawyer.usp

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Planning for a Disabled Child

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state pre-planning should be an important part of everyone’s financial regimen, but this process becomes even more important when you have a child with disabilities.

A lot of factors go into creating a uniquely designed plan, depending on their unique personal challenges and whether they are a minor or adult. The goal is to help your special-needs child continue to lead an enriching, happy life even in your absence.

A Lifetime of Care The larger goal of special-needs planning is to preserve public aid while also supplementing your child’s care.

There are additional benefits to taking care of this right away: If plans are put in place while you’re still alive, the estate avoids probate.

Others interested parties, like their grandparents, can contribute to a trust. Named co-trustees can also get hands-on experience in helping with childcare and administering the guardianship. Depending on the child’s capability, this money-management program may be critically important since it will be the only

their lifetime. Parents or guardians should name the trust as a beneficiary in their will, according to the American Bar Association, instead of the child. Many public-aid options are designed to be resource dependent, meaning recipients aren’t eligible if they have access to a certain amount of money. These trusts allow for an inheritance without endangering aid provided by Medicaid, SSI or other government programs because assets held in trust are not directly available to the child. Funds from life-insurance policies, IRAs and retirement plans can also be directed to the trust, and the child still has access to other programs. future path to protecting eligibility for benefits. It will provide additional funds for a broader scope of care and create a financial resource should benefits become restricted or end all together.

Special-Needs Trust Children are at particular risk if they are unable to live independently after the death of a parent of guardian. A special-needs trust can ensure that they are provided with needed resources and care over the course of

Designating a Caretaker Beyond the obvious financial considerations, parents and guardians must select a designated caretaker to look after their special-needs child — or to manage their care, if the child is in an assisted-living environment. Work with an attorney who specializes in estate planning in order to create both a trust and this succession plan, since states have differing regulations and laws regarding who may serve as a legal guardian.p

Giving New Life to Others

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e have the option to leave behind more than our personal assets upon death. In fact, you could actually give new life to others through the donation of healthy organs or tissue. This provides an opportunity to broaden your legacy beyond your family and immediate friends, potentially impacting the health and happiness of a host of thankful strangers. Here’s how you can make a difference through organ and tissue donation. continued on page 8

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Taking Inventory

Giving Life to Others/ continued from page 7 Who is Eligible?

All legal citizens of the United States may donate organs at the time of their death (and, in some cases, during their respective lifetimes, as well). Certain diseases and conditions may disqualify otherwise eligible donors, including cancer, HIV or other systemic infections. At the same time, however, organs that are unaffected by these issues could still be accepted.

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ver time, we all end up collecting things. Some are cherished heirlooms, while others are simply personal mementos.

Some items might be intended to be part of an inheritance, while others are to be donated. A will delineates where it all goes. But first, someone has to find it all. That’s why creating an inventory of your belongings is so important.

Personal Items These inventories help ensure that your will can be quickly executed.

But the list also helps you formulate an idea of the estate’s overall worth.

Household staples like furniture, jewelry, televisions and other expensive items will immediately come to mind.

But it’s best to go room to room, making a detailed list of everything and its estimated worth. Most people remember to catalog the car, but don’t forget other outdoor items like power tools and lawn equipment.

An appraisal may be needed for certain collectibles; there may be a hidden treasure inside your home. You typically should only list belongings that are valued at more than $100, but

this itemizing process can also reveal a list of more personal things that might make for a meaningful gift to loved ones.

All of those should be listed, no matter their value.

Financial Holdings Now that you’ve cataloged all the belongings inside your home, itemize all non-physical assets. List all bank accounts, whether held jointly or separately, as well as 401(k) plans, lifeinsurance policies, IRAs, stocks and bonds, and any insurance policies.

(That should include homeowners, auto and health.) A qualified financial advisor can help you define the worth of these inventoried items.

Dealing with Debt You’ve defined your assets, now it’s time to account for personal debt.

Those responsibilities don’t go away, though they occasionally can be partially forgiven. List any outstanding bills, including mortgages or car notes, credit cards and medical bills.

Non-married family members don’t have to pay these debts with their own money, but their deceased relative’s estate may be liquidated to meet the obligations. An executor manages that process. Spouses can be held personally responsible for cosigned obligations, or if they live in community-property states. Any leftover bills after estate finances have been depleted usually go unpaid. p

Talk it Over Like most end-of-life decisions, deciding to donate your organs upon death is a deeply personal choice.

Still, it’s best to have a frank discussion about it with your friends and family, so that they’ll be aware of your wishes.

How to Register The process couldn’t be any easier.

From home, visit the U.S. Health Resources and Services Administration website and fill out a simple form. If you’d prefer to go through this process in person, representatives are available at any local Department of Motor Vehicles. p

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