How are decisions made for an incapacitated person without a living will?

Q:        How are decisions made for an incapacitated person without a living will? –Concerned family member A:         Dear Concerned: Advance directives like living wills express someone’s wishes and preferences for medical treatment if they are unable to provide consent or refusal (e.g. due to coma or unconsciousness). A living will specifies the life-sustaining measures—such as…
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What is legal guardianship?

Q:        What is legal guardianship? –Concerned parent A:         Dear Concerned: Broadly defined, a legal guardian is someone who is responsible for the care (and decision making) of a minor or dependent adult. A legal guardian for a child is typically responsible for the daily care, education and custody of the child. A legal guardian has…
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How can I provide for my pet in my estate planning?

Q: How can I provide for my pet in my estate planning? –Concerned Pet Owner A: Dear Concerned: Many people have concerns about what will happen to their beloved pet when they die. Because so many of us view pets as family members, it’s no wonder their well being comes up during estate planning. Unfortunately,…
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What will happen to my assets when I die?

Q: What will happen to my assets when I die?   –Concerned Family Member A: Dear Concerned: Many people wonder what will happen to their assets when they die. Indeed, concerns over this question are what inspire many people to think about estate planning, though we continue to be surprised at the number of people…
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How can a personal injury lawsuit or other settlement affect my government benefits?

Q: How can a personal injury lawsuit or other settlement affect my government benefits? –Concerned Plaintiff A: Dear Concerned: Receiving a personal injury settlement as compensation for your losses can bring significant financial relief if you are injured or disabled. But personal injury settlements can sometimes be considered income, and though most compensatory settlement funds…
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What Happens to My 401K When I Die?

Q: What Happens to My 401K When I Die? –Concerned Employee A: Dear Concerned: For many working-age adults, the 401K is their most significant asset. Despite it being such an important asset, many people don’t know what will happen to their 401K if the plan holder dies. Being aware of who the rightful beneficiary of…
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How can I be financially ready to retire when the time comes?

Q: How can I be financially ready to retire when the time comes? — Concerned Worker A: Dear Concerned: Many people worry that they will be unable to make it financially when they retire. Of course, much grief can be avoided by starting early.  Learnvest illustrates the huge difference a small savings increase can make.…
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I just found out that my granddaughter is gay. I’m crushed. What should I do?

Q: I just found out that my granddaughter is gay. I’m crushed. What should I do? — Anguished Grandparent A: Dear Anguished, It used to be that gay people simply kept that fact to themselves and made excuses for not being married or having children. Today, however, there is much more recognition and acceptance of…
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Is it true that things I tell my lawyer are confidential?

Q: Is it true that things I tell my lawyer are confidential? — Concerned Client A: Dear Concerned: To receive high quality legal advice, it’s critical that you be completely open and honest with your lawyer. A lawyer’s advice is limited if the facts you tell him or her are themselves limited. That’s why all…
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Should I be concerned that my divorce will hurt my kids?

Q: Should I be concerned that my divorce will hurt my kids? — Concerned Parent A: Dear Concerned: Many people worry that if they divorce their spouse, their kids will suffer. Whether that is true depends on many factors, such as the nature of the couple’s relationship, each parent’s financial status, and how each parent…
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Clarifying Questions

Q&A: My Parents Shut Down When I Try to Talk About Estate Planning. How Can I Help Them Open Up?

QUESTION Q: My parents shut down when I try to talk about estate planning. How can I help them open up? –Concerned Son   ANSWER A: Concerned, It can be difficult for some people to talk about estate planning because…

Q&A: Can you explain how the administration of a will works?

QUESTION Q: Can you explain how the administration of a will works? –Taking Care of Mom   ANSWER A: Dear Taking Care: In order for assets in a will to be transferred to a beneficiary, the will must first pass…

Q&A Can I leave my 401(k) to my minor children when I die?

QUESTION Q: Can I leave my 401(k) to my minor children when I die? –Pondering Parent   ANSWER A: Dear Pondering: Though you can technically name a minor child as a beneficiary of your 401(k), IRA, or other employment-sponsored retirement…

Q&A Do I need to create a new will if I move to another state?

QUESTION Q: Do I need to create a new will if I move to another state? –Curious Mover   ANSWER A: Dear Curious: Most states will accept a will that was executed properly under another state’s laws. However, there could…

Q&A: How do I include cryptocurrency in my estate plan?

QUESTION Q: How do I include cryptocurrency in my estate plan? — Crypto Owner   ANSWER A: Dear  Crypto, If you own cryptocurrency, you must leave detailed instructions for accessing it, and ensure that one or more trustworthy people know…

Q&A: What is the federal estate tax?

QUESTION Q: What is the federal estate tax? — Tax Planner   ANSWER A: Dear  Planner, The federal estate tax is a tax on the value of a person’s assets at the time of their death. If the total value…

Q&A: What estate planning should my child have in place once they reach adulthood?

QUESTION Q: What estate planning should my child have in place once they reach adulthood? — Proactive Parent ANSWER A: Dear  Proactive, Once your kid becomes a legal adult—which is age 18 or 21, depending on your state—many areas of…

Q&A: What is a pour-over will?

QUESTION Q: What is a pour-over will? — Prudent Planner   ANSWER A: Dear Prudent, For a living trust to function properly, you must first transfer the legal title of any assets you want to be held by the trust…

Q&A: Can I tap into my retirement savings to pay for my child’s college education?

Q & A: QUESTION ______________________________________________________________________________ Q: Can I tap into my retirement savings to pay for my child’s college education? —Pondering Parent   ANSWER ______________________________________________________________________________ A: Dear Pondering: If your kids will need financial assistance, beyond student loans, to pay…

Q&A: What is the “contestability period” on a life insurance policy?

Q & A: QUESTION ______________________________________________________________________________ Q: What is the “contestability period” on a life insurance policy? —New Beneficiary   ANSWER ______________________________________________________________________________ A: Dear Beneficiary: Most life insurance policies contain a contestability period. Such periods are typically between one to two…

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