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    <title type="text">Roberta A. Schreiber, P.C.</title>
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    <updated>2025-03-31T11:40:36Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Roberta A. Schreiber, P.C.</name>
				            </author>
            <title type="html"><![CDATA[A special needs trust can protect your child after you are gone]]></title>
            <link rel="alternate" type="text/html" href="https://www.robertaschreiber.com/blog/2019/07/a-special-needs-trust-can-protect-your-child-after-you-are-gone/" />
            <id>https://www.robertaschreiber.com/?p=47440</id>
            <updated>2019-08-05T18:23:26Z</updated>
            <published>2019-07-26T18:22:30Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[As a parent of a child with special needs, you may wish to continue providing for your child after your death. Having a clear estate planning goal like this can help you select the right tools for your situation. It is especially important to use the right estate planning tools when you are planning for a child with special needs…]]></summary>
			                <content type="html" xml:base="https://www.robertaschreiber.com/blog/2019/07/a-special-needs-trust-can-protect-your-child-after-you-are-gone/"><![CDATA[As a parent of a child with special needs, you may wish to continue providing for your child after your death. Having a clear estate planning goal like this can help you select the right tools for your situation.

It is especially important to use the right estate planning tools when you are planning for a child with special needs because many traditional ways of leaving a child money could cause more harm than good. This is because a lump sum of money could disqualify your child from receiving certain governmental benefits.

<strong>Why might a special needs trust be an appropriate estate planning choice?</strong>

If there is a chance your child may qualify for governmental benefits, you may not want to leave money to your child in a traditional will or trust. Instead, the safest way to leave your child money may be <a href="https://www.forbes.com/sites/christinefletcher/2019/03/27/special-needs-kids-require-specialized-estate-planning/" target="_blank" rel="noopener noreferrer" data-wpel-link="external">a special needs trust</a>.

A special needs trust is intended to supplement whatever government benefits your child may receive. This type of trust is carefully crafted to prevent the assets in the trust from impacting your child’s eligibility for these benefits.

As long as the assets in the trust do not disqualify your child for governmental benefits, your child’s living expenses could be covered. The assets in the trust are then available to help your child live more comfortably and afford some extras. This means your money can help your child pay for entertainment, travel, pet care and other expenses that can affect your child’s quality of life.

<strong>How does a special needs trust work?</strong>

If you choose to create a special needs trust, you can transfer assets into the trust at any time during your life or upon your death. The person you choose as the trustee will then manage those assets in behalf of your child.

Because your child does not manage the assets for himself or herself, governmental agencies do not consider the assets in the trust when they evaluate your child’s eligibility for benefits. The trust also protects the assets from creditors.

All your estate planning tools should be considered carefully. However, the tool that is intended to distribute assets to a special needs child requires especially careful consideration. A special needs trust can be an effective tool when used for this purpose.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Roberta A. Schreiber, P.C.</name>
				            </author>
            <title type="html"><![CDATA[Why estate plans need to be updated regularly]]></title>
            <link rel="alternate" type="text/html" href="https://www.robertaschreiber.com/blog/2019/07/why-estate-plans-need-to-be-updated-regularly/" />
            <id>https://www.robertaschreiber.com/?p=47438</id>
            <updated>2019-08-05T18:21:53Z</updated>
            <published>2019-07-03T18:17:40Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Your estate plan may be the most important document you leave behind for your loved ones. It is vital that you keep your estate plan up-to-date at all times—you never expect the unexpected. If your estate plan has not been updated before shorty your die, your assets may be distributed to someone who is no longer part of the family.…]]></summary>
			                <content type="html" xml:base="https://www.robertaschreiber.com/blog/2019/07/why-estate-plans-need-to-be-updated-regularly/"><![CDATA[Your estate plan may be the most important document you leave behind for your loved ones. It is vital that you keep your estate plan up-to-date at all times—you never expect the unexpected.

If your estate plan has not been updated before shorty your die, your assets may be distributed to someone who is no longer part of the family. If any assets were not included in your estate plan, they will be distributed according to state law.

To make sure your wishes are followed upon your death, make sure your <a href="https://www.forbes.com/sites/bobcarlson/2018/12/02/7-reasons-its-time-to-update-your-estate-plan/" target="_blank" rel="noopener noreferrer" data-wpel-link="external">estate plan</a> is regularly updated to reflect any changes. Here are ten instances in which your estate plan may require an update.

<strong>Ten reasons why your estate plan may need to be revised</strong>

<strong>1. Tax law change</strong><strong>s</strong>

Tax laws are constantly changing. Take advantage of the changes and make sure you are paying the correct amount.

<strong>2. Your assets changed</strong>

If you have acquired more assets, like a new car or vacation home, you will want to name a beneficiary.

<strong>3. Your liabilities changed</strong>

You may want to reevaluate your beneficiaries and adjust your estate plan if you have experienced a significant stock loss or had to sell your car to pay for medical bills.

<strong>4. You want to add someone as a beneficiary</strong>

If you have recently gotten married, had a child or welcomed a new grandchild, you may want to add them as a beneficiary of your estate.

If you have young children, make sure your estate plan outlines who you would like to become their legal guardian should anything happen to you.

<strong>5. You got divorced</strong>

After a divorce, you will want to remove your ex-spouse as the main beneficiary of your estate.

<strong>6. One of your beneficiaries has passed away</strong>

Upon the death of a beneficiary, you may want to add a new beneficiary in their place.

<strong>7. You have moved to another state</strong>

Each state has slightly different estate planning laws, you will want to make sure your estate plan is still valid in your new location.

<strong>8. Your estate plan is more than three years old</strong>

Even if you don’t think there have been any changes in your life that would require you to update your estate plan, there probably are. Even small asset or liability changes may require an update.

<strong>9. You want to change your power of attorney</strong>

Remember that the person you chose to be your <a href="https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/power_of_attorney/" target="_blank" rel="noopener noreferrer" data-wpel-link="external">power of attorney</a>may be legally responsible for managing your healthcare and legal affairs. Make sure it is someone you trust, that is capable of making those decisions.

<strong>10. Any special requests or provisions</strong>

You can make provisions to your estate plan. For example, if you are worried about a beneficiary blowing their inheritance right away, you can make provisions, so they inherit the money slowly instead of all at once.

Keeping an updated estate plan is the best way to make sure that your final wishes will be followed. You have worked hard to provide a good life for your loved ones and a well-outlined estate plan ensures that your loved ones will be taken care of.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Roberta A. Schreiber, P.C.</name>
				            </author>
            <title type="html"><![CDATA[Do&#8217;s and don&#8217;ts of being the executor of an estate]]></title>
            <link rel="alternate" type="text/html" href="https://www.robertaschreiber.com/blog/2019/06/dos-and-donts-of-being-the-executor-of-an-estate/" />
            <id>https://www.robertaschreiber.com/?p=47436</id>
            <updated>2019-08-05T18:16:54Z</updated>
            <published>2019-06-10T18:15:16Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[The role of executor, or personal representative, of a Massachusetts estate is a significant responsibility. You may feel touched by the deceased individual’s trust in putting you in charge of their final affairs yet overwhelmed by your duties. Whether you serve as the executor of the estate of your parent, grandparent or more, you may have many questions on what…]]></summary>
			                <content type="html" xml:base="https://www.robertaschreiber.com/blog/2019/06/dos-and-donts-of-being-the-executor-of-an-estate/"><![CDATA[The role of executor, or personal representative, of a Massachusetts estate is a significant responsibility. You may feel touched by the deceased individual’s trust in putting you in charge of their final affairs yet overwhelmed by your duties.

Whether you serve as the executor of the estate of your parent, grandparent or more, you may have many questions on what to expect, how to stay organized and more. Read on for a few key considerations for personal representatives:

<strong>Do: Make a list of immediate steps to take</strong>

<a href="https://www.thebalance.com/step-by-step-guide-how-to-probate-an-estate-3505261" target="_blank" rel="noopener noreferrer" data-wpel-link="external">Your first steps</a> after being named personal representative should include:
<ul>
 	<li>Locating the will of the deceased individual, or decedent</li>
 	<li>Canceling credit cards</li>
 	<li>Safeguarding property and valuable assets</li>
 	<li class="last-child">Obtaining the death certificate</li>
</ul>
Next, initiate the probate process by submitting the will to the appropriate probate court. Consider hiring legal representation at this point. Managing the complex probate process can be challenging. An attorney can help you to efficiently navigate this process.

<strong>Do: </strong><strong>Understand your personal liability could be at stake</strong>

You likely have no intention of sidestepping your duties or committing breach of fiduciary duty. However, understand that a simple mistake or mix up could risk the assets in the estate. If you pay lower priority debts before high priority expenses or claims, the court could find you liable to pay outstanding payments when the estate has no money left.

<strong>Don</strong><strong>’</strong><strong>t: Play favorites </strong><strong>among</strong><strong> beneficiaries</strong>

Depending on your situation, you may be the executor of an estate with beneficiaries including your siblings, cousins, aunts, uncles and other loved ones. Family dynamics can be tricky to navigate as an executor. It is crucial to remain impartial and strictly abide by the wishes of the decedent according to their will.

<strong>Don</strong><strong>’</strong><strong>t: Procrastinate on getting organized</strong>

This may be a difficult time for you. You may grieve the loss of your loved one and feel overwhelmed at your duties. However, being an executor requires <a href="https://money.usnews.com/money/personal-finance/family-finance/articles/becoming-an-executor-of-an-estate-what-youre-in-for" target="_blank" rel="noopener noreferrer" data-wpel-link="external">proper organization to keep track</a> of the many details involved and retail control of the situation. Keep key documents in a central, secure place, including the death certificate, estate planning documents, financial statements, tax returns, real estate deeds, insurance policies, contact information of beneficiaries and more.

Probate can be a long, confusing process. Maintain open lines of communication with all involved, including the beneficiaries, probate court, creditors and more. Work with your attorney to thoroughly understand your duties and what to expect.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Roberta A. Schreiber, P.C.</name>
				            </author>
            <title type="html"><![CDATA[Is a pre or postnup necessary?]]></title>
            <link rel="alternate" type="text/html" href="https://www.robertaschreiber.com/blog/2019/05/is-a-pre-or-postnup-necessary/" />
            <id>https://www.robertaschreiber.com/?p=47429</id>
            <updated>2019-08-05T17:47:28Z</updated>
            <published>2019-05-14T17:45:49Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Getting a second chance at a happy marriage is exciting. Remarrying can come with a lot of joy and happiness. However, there may be certain precautions you want to take before jumping in with both feet. Pre and postnuptial agreements have been a sort of taboo subject, but they do not have to be. In fact, creating one of these…]]></summary>
			                <content type="html" xml:base="https://www.robertaschreiber.com/blog/2019/05/is-a-pre-or-postnup-necessary/"><![CDATA[<div class="postContent post-content">
<div>

Getting a second chance at a happy marriage is exciting. Remarrying can come with a lot of joy and happiness. However, there may be certain precautions you want to take before jumping in with both feet.

Pre and postnuptial agreements have been a sort of taboo subject, but they do not have to be. In fact, creating one of these agreements may be necessary, especially in a second marriage.

<strong>Why do you need a </strong><strong>prenup</strong><strong>?</strong>

If you have children from a previous marriage, creating a prenup or even a postnup is a good way to protect them and their future. A prenup can protect almost any type of asset you want to pass on to your children. In many cases, a prenup is essentially a part of good estate planning.

Getting remarried can cause all kinds of headaches in your estate plan, but creating a prenup can save you and your future spouse a lot of time in the long run.

<strong>How do you do it?</strong>

Creating a pre or postnup can be slightly complex and confusing, but it is worth it overall. Fortunately, there are a few <a href="https://www.cnbc.com/2015/02/12/remarrying-protect-your-kids-assets-with-an-airtight-prenup.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external">rules</a> you can use to make the process more straightforward:
<ul>
 	<li>Have a discussion with your future spouse about all finances and assets, be open about the process</li>
 	<li>Negotiate and sign the prenup well before the wedding (if not, a postnup is better than nothing)</li>
 	<li class="last-child">Take care not to intermix your assets after marriage</li>
</ul>
While you might not want to think about legal matters before your wedding, these precautions <a href="https://www.forbes.com/sites/heatherlocus/2018/09/23/why-prenuptial-and-postnuptial-agreements-lead-to-stronger-marriages-and-prevent-disastrous-divorces/" target="_blank" rel="noopener noreferrer" data-wpel-link="external">help you</a> and your family and protect your future.

</div>
</div>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Roberta A. Schreiber, P.C.</name>
				            </author>
            <title type="html"><![CDATA[Things to Know About Your Power of Attorney]]></title>
            <link rel="alternate" type="text/html" href="https://www.robertaschreiber.com/blog/2019/05/things-to-know-about-your-power-of-attorney/" />
            <id>https://www.robertaschreiber.com/?p=47427</id>
            <updated>2019-08-05T17:44:54Z</updated>
            <published>2019-05-03T17:43:16Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[I have received several calls recently about Powers of Attorney (POA), so now is a good time to write about them. Why Do I Need One?   The time may come when you are no longer able to pay your bills and manage your finances.   This may be a temporary situation, after you have been in a bad car accident or…]]></summary>
			                <content type="html" xml:base="https://www.robertaschreiber.com/blog/2019/05/things-to-know-about-your-power-of-attorney/"><![CDATA[I have received several calls recently about Powers of Attorney (POA), so now is a good time to write about them.

<strong>Why Do I Need One?   </strong>The time may come when you are no longer able to pay your bills and manage your finances.   This may be a temporary situation, after you have been in a bad car accident or are hospitalized for a debilitating illness.  Or this may be a permanent problem if you are suffering from dementia or Alzheimers disease.  Someone must be responsible for making sure that your bills are paid on time, that your investments are being managed properly, your tax returns are filed on time, and any other financial or legal matter are being dealt with.  Even if you have joint bank and investment accounts with a spouse or child who can access the funds in the accounts to pay the bills, your spouse or child may not have the ability or the time to handle these matters.  And there are some things that a spouse or chld cannot do for you, such as taking withdrawals from your IRA or 401(k) account or signing a tax return on your behalf.  If you have a POA in place, the person that you have chosen to manage all financial, tax, and legal matters for you can take care of all of these matters.  The person that you choose is known as your <strong>"attorney-in-fact".</strong>   Without a POA in place, you have a problem if you are incapacitated and are no longer able to understand or sign a legal document.  Without a POA, a family member or trusted friend must be appointed as your legal Guardian through a difficult, expensive, lenghty and public Probate Court proceeding.

<strong>What Kind of Power of Attorney should I have?  </strong>There are three basic types:  a Durable Power of Attorney, a Springing Power of Attorney, and a Limited Power of Attorney.   A <strong>Durable Power of Attorney</strong> takes effect when it is signed and notarized. There must be a statement in your POA which states that the POA "shall not be affected by my subsequent disability or incapacity", or words to that effect.  Without this language, your Power of Attorney is no longer valid when you become incapacitated.  Since this is when your Power of Attorney is needed the most, this language should always be included in your Durable POA.  In practice, most of my clients put their POA away, and let their attorney-in-fact know where it is and how to access it when needed. A<strong> Springing Power of Attorney </strong>takes effect only when a certain event happens, such as a diagnosis of dementia or Alzheimers Disease, or a doctor certifies that you lack the mental capacity to manage your finances, taxes, and legal matters.  In a Springing POA, you should be very specific about what triggers or "springs" your Power of Attorney.  Requiring a diagnosis by a specialist, such as a geriatric psychiatrist or other specialist who can administer a series of cognition tests to determine your mental capacity, is appropriate.  A  <strong>Limited Power of Attorney </strong>names an attorney-in-fact for a specific purpose or for a limited time period.  For example, you may give a Limited POA to your attorney to attend a closing for you if you will be away on a busines trip or vacation.

<strong>Who Should be my Attorney-in-Fact? </strong>  <strong>Trust</strong> is the most important factor.  I can't overstate this.  If the person that you trust the most is not knowledgeable about finances, taxation, and investing, he or she can continue to use your financial advisor or accountant or they can hire whatever professional advisor they need.   A Durable Power of Attorney takes effect when you sign it. Your attorney-in-fact can use it immediately, even if you have full mental capacity.  There is no obligation that your attorney-in-fact act under your supervision.  If you don't trust your attorney-in-fact to act in your best interests when it becomes necessary, name somone else.  While a A Springing POA prevents you attorney-in-fact from acting until your inability to handle your finances is confirmed by a doctor, you no longer have the capacity to determine when your attorney-in-fact is acting improperly.  Your attorney-in-fact has the fiduciary obligation to act in your best interests and not spend your money on themselves, but this does not always happen.  At least once a month, I receive a call from someone who is sure that their silbing is using Mom's or Dad's POA for their own benefit.  Don't chose a child to be your attorney-in-fact because he or she is the oldest child or lives the closest to you.  Think about which child, family member or friend you trust the most to do the right thing.   While your family members have recourse in civil or criminal court proceedings if your attorney-n-fact is spending your money on themself, few family members wish to put the family through this.

<strong>Dealing wtih Power of Attorney Problems.</strong>   I frequently receive calls from family members when the original POA can't be found. Banks and investment companies need to review the<strong> original </strong>POA the first time that they deal with the attorney in fact. If the client who signed the Power of Attorney still has the mental capacity to understand and sign legal documents, signing a new POA is the best option.  This is the same solution when the attorney-in-fact is told that the POA is "stale".  This will definitely happen if the POA is more than ten years old, and will possibly happen if the POA is more than 5 years old.   In both cases, if my client can no longer understand and sign legal documents, I can attach an Affidavit to my copy of the POA, stating that it is still in full force and effect, and has not be destroyed or replaced by a later POA.

A more diifficult problem is when the attorney-in-fact won't take any actions until there is a doctor's certification that my client is no longer able to manage his or her affairs, even though the POA is not a Springing POA.   This usually happens when the attorney-in-fact is my client's accountant or financial advisor.   They are reluctant to act without the medical certification, even though the POA does nto require it.  For that reason, I have been adding language to the Durable POA's that I am drafting, stating that no medical certification is required before an attorney-in-fact can take actions on my client's behalf.  I am hopeful that this language will deal with this problem.

Elder financial abuse is a real problem.  Banks and investment companies have to be careful when dealing with an attorney-in-fact.   While POA problems can be bothersome, you should be happy that your bank or investment company is being careful when dealing with your attorney-in-fact.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Roberta A. Schreiber, P.C.</name>
				            </author>
            <title type="html"><![CDATA[What you need to know about Massachusetts estate tax]]></title>
            <link rel="alternate" type="text/html" href="https://www.robertaschreiber.com/blog/2019/04/what-you-need-to-know-about-massachusetts-estate-tax/" />
            <id>https://www.robertaschreiber.com/?p=47425</id>
            <updated>2019-08-05T17:27:41Z</updated>
            <published>2019-04-17T17:27:08Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[When you plan your estate, you want your loved ones to receive the maximum amount of property and assets you intended for them. Because of this, the prospect of your estate paying considerable estate taxes after your death can be frustrating. Massachusetts is one of few states that collects state estate taxes. This can prompt both those planning their estates…]]></summary>
			                <content type="html" xml:base="https://www.robertaschreiber.com/blog/2019/04/what-you-need-to-know-about-massachusetts-estate-tax/"><![CDATA[When you plan your estate, you want your loved ones to receive the maximum amount of property and assets you intended for them. Because of this, the prospect of your estate paying considerable estate taxes after your death can be frustrating.

Massachusetts is one of few states that collects state estate taxes. This can prompt both those planning their estates and personal representatives of estates to seek help in efficiently navigating the complex tax system.

<strong>Who does the state estate tax apply to?</strong>

Massachusetts residents with an estate totaling over $1 million after their death can expect their heirs to pay state estate taxes. The total value of your estate <a href="https://www.thebalance.com/overview-of-massachusetts-estate-tax-laws-3505320" target="_blank" rel="noopener noreferrer" data-wpel-link="external">includes everything</a>, including your retirement accounts, life insurance policies, investment accounts, house or other property and more.

Even estates with just $1 over the $1 million mark must file a tax return. Additionally, those who have property in Massachusetts but reside elsewhere, <a href="https://www.mass.gov/guides/a-guide-to-estate-taxes" target="_blank" rel="noopener noreferrer" data-wpel-link="external">known as nonresidents</a>, must pay state estate taxes if their estate meets the threshold. Estate tax brackets vary based on the estate's value, ranging from 0.8% to 16% for estates worth over $10 million.

For federal taxes, only those with estates <a href="https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-estate-taxes" target="_blank" rel="noopener noreferrer" data-wpel-link="external">worth more than $11.4 million</a>in 2019 must file a federal estate tax return.

<strong>Tax minimization strategies for those with estates over $1 million</strong>

Avoiding the state estate tax can be challenging without incurring potentially unintended financial consequences. However, there are ways to reduce the amount your estate could owe. Such options could include thoughtfully gifting assets to heirs while being mindful of annual limits, creating a strategic charitable giving plan, transferring a sizable life insurance policy to an irrevocable trust and more.

<strong>What to do as the personal representative of an estate</strong>

As the executor of an estate, you will be tasked with calculating the full value of the estate and determining whether to file a Massachusetts estate tax return. You must complete this before distributing property to heirs or risk facing penalties yourself. Additionally, Massachusetts law requires you to both file a tax return and pay any taxes due by nine months after the death of the individual.

Whether you wish to plan your estate or seek advice as the personal representative of an estate, estate taxes can be complex to sort through on your own. Consider working with tax and legal professionals to properly plan for estate taxes.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Roberta A. Schreiber, P.C.</name>
				            </author>
            <title type="html"><![CDATA[When should you update and estate plan?]]></title>
            <link rel="alternate" type="text/html" href="https://www.robertaschreiber.com/blog/2019/02/when-should-you-update-and-estate-plan/" />
            <id>https://www.robertaschreiber.com/?p=47423</id>
            <updated>2019-08-05T17:25:34Z</updated>
            <published>2019-02-27T18:24:44Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[An estate plan is a vibrant, dynamic gathering of documents that should be updated as regularly as possible. It should not be a handwritten note in your dresser or a private document gathering dust in a security deposit box. When you keep this plan relevant, it can be used at any moment to reflect your true wishes. What influences a person’s…]]></summary>
			                <content type="html" xml:base="https://www.robertaschreiber.com/blog/2019/02/when-should-you-update-and-estate-plan/"><![CDATA[An estate plan is a vibrant, dynamic gathering of documents that should be updated as regularly as possible. It should not be a handwritten note in your dresser or a private document gathering dust in a security deposit box. When you keep this plan relevant, it can be used at any moment to reflect your true wishes.

<strong>What influences </strong><strong>a person's decision to update?</strong>

Legal advisors have different opinions about when you should update your estate plan. Some recommend every year, every five years, and still others every ten years. However, most agree that you should update it whenever there is a major event in your life.

These could be events related to you, your children or even your grandchildren. This includes the following:
<ul>
 	<li>A marriage or divorce</li>
 	<li>A death</li>
 	<li>A falling-out or estrangement</li>
 	<li>The birth or adoption of a child or grandchild</li>
 	<li>The purchase of real estate or vehicles</li>
 	<li>The opening of a business</li>
 	<li class="last-child">The opening or adjustment of a 401k/IRA account or other investment portfolio</li>
</ul>
<strong>What changes might be necessary?</strong>

It might not be immediately clear why you would need to update your estate plan after one of these life changes. A legal advisor can guide you through a series of questions that will help with the process.

After any of these events, you might have a different opinion of what you would like to happen to your estate. This includes changes to the following:
<ul>
 	<li><strong>Executor of </strong><strong>your </strong><strong>estate</strong>: Is the appointed person still trustworthy?</li>
 	<li><strong>Guardian for your children: </strong>Is the person willing and able to parent all your children?</li>
 	<li><strong>Beneficiaries and contingent beneficiaries: </strong>Would you like to add or remove someone?</li>
 	<li><strong>Financial and healthcare power of attorney: </strong>Have your end-of-life wishes changed?</li>
 	<li class="last-child"><strong>Funeral plans: </strong>Have your funeral or burial wishes changed?</li>
</ul>
You and your advisor's time is valuable. If you can do as much homework or prep work as possible before your appointment, it will help the process go smoothly. This might include taking time to seriously consider if you would like to make <em>any</em> changes to your estate.

These decisions can be highly personal. For example, if you would still like to be buried next to your ex-spouse after a divorce, that can be arranged. However, unless your beneficiaries know your wishes, they might question that detail and make other arrangements.

If your estate plan is always relevant, your beneficiaries will always know it reflects your wishes at the time of your death. This helps to eliminate confusion in their time of grief and help them to heal.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Roberta A. Schreiber, P.C.</name>
				            </author>
            <title type="html"><![CDATA[Why funding your trust is so important]]></title>
            <link rel="alternate" type="text/html" href="https://www.robertaschreiber.com/blog/2019/01/why-funding-your-trust-is-so-important/" />
            <id>https://www.robertaschreiber.com/?p=47421</id>
            <updated>2020-02-28T06:00:31Z</updated>
            <published>2019-01-16T18:22:58Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Most people create a trust because they want peace of mind. They want to know their assets will pass on easily once they are gone, or that if they become incapacitated, an appointed trustee can handle their affairs. However, as the grantor of the trust, you must do more than create the trust documents. For a trust to be effective,…]]></summary>
			                <content type="html" xml:base="https://www.robertaschreiber.com/blog/2019/01/why-funding-your-trust-is-so-important/"><![CDATA[Most people create a trust because they want peace of mind. They want to know their assets will pass on easily once they are gone, or that if they become incapacitated, an appointed trustee can handle their affairs.

However, as the grantor of the trust, you must do more than create the trust documents. For a trust to be effective, you must also fund the trust. Funding a trust means you transfer the assets you want protected by a trust from your name to the name of the trust.

Different assets will be transferred different ways. With a car, you sign over the title to the trust. You may need an assignment document to transfer other property. An estate planning attorney can help you procure the correct documents to <a href="https://www.robertaschreiber.com/practice-areas/estate-planning/" target="_self" rel="noopener noreferrer" data-wpel-link="internal">move assets to a trust</a>. Though this process can be time-consuming, it is important for several reasons.

<strong>Anything outside the trust cannot be managed by the trustee</strong>

Your trustee manages your assets, if you become incapacitated. However, if you have not transferred assets into your trust, the trustee has no power to handle those assets. That means your family may need to go to court <a href="https://www.thebalance.com/what-does-it-mean-to-fund-a-trust-3505280" target="_blank" rel="noopener noreferrer" data-wpel-link="external">get a guardianship or conservatorship</a> over your affairs.

<strong>Assets outside of the trust go through probate</strong>

Many people create trusts to avoid their estate passing through probate. If you do not fund your trust, these assets may have to pass through probate after your passing. Your estate will also become a part of public record, and it will slow down the process for your benefactors.

<strong>Property may not pass to your heirs</strong>

When you create a trust, you name benefactors who receive assets from your estate. If you do not move these assets to your trust, your heirs cannot receive these assets as instructed in your trust agreement. The assets could pass to joint owners or your next of kin. Some of these decisions will likely be made by the probate court.

Creating a trust assures your assets are protected in case of incapacitation, your estate will not pass through probate and your beneficiaries are taken care of. However, these things only happen if you fund the trust by retitling your assets. Otherwise, a trust document will do nothing to protect you and your family.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Roberta A. Schreiber, P.C.</name>
				            </author>
            <title type="html"><![CDATA[Baby Boomers &#8211; Don&#8217;t Leave Money on the Table. Part 4: Survivors Benefits]]></title>
            <link rel="alternate" type="text/html" href="https://www.robertaschreiber.com/blog/2015/07/baby-boomers-dont-leave-money-on-the-table-part-4-survivors-benefits/" />
            <id>https://www.robertaschreiber.com/?p=45913</id>
            <updated>2020-02-27T13:40:51Z</updated>
            <published>2015-07-06T05:00:00Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Your death will have a devastating impact on your family in many ways. If you are the major breadwinner, your loved ones must deal with the loss of your income at a time when they are least able to cope. Understanding the Social Security survivor’s benefits rules now is an important part of retirement planning and can make this transition less…]]></summary>
			                <content type="html" xml:base="https://www.robertaschreiber.com/blog/2015/07/baby-boomers-dont-leave-money-on-the-table-part-4-survivors-benefits/"><![CDATA[<div class="postContent post-content">
<div>

Your death will have a devastating impact on your family in many ways. If you are the major breadwinner, your loved ones must deal with the loss of your income at a time when they are least able to cope. Understanding the Social Security survivor's benefits rules now is an important part of <a href="/practice-areas/retirement-planning/" data-wpel-link="internal">retirement planning</a> and can make this transition less painful.  Most people are aware that when they die, their surviving spouse will be eligible for Social Security survivor's benefits. Few realize that their dependent and disabled children, their dependent parents, and their former spouses may be eligible for survivor's benefits. Some of these benefits are listed on your Social Security statement and your spouse's statement, which you can find at <a href="http://www.ssa.gov/myaccount." data-wpel-link="external" target="_blank" rel="noopener noreferrer">http://www.ssa.gov/myaccount.</a>   Following is a more detailed explanation of the benefits that are available for your eligible dependents.

Your <strong>surviving spouse </strong>may collect your full benefit, based on your earnings, if he or she files for benefits at full retirement age, which is currently age 66). <strong>Your full benefit </strong>is the amount you would have collected if you filed for benefits at age 66. It doesn't matter when you actually started collecting benefits. If you were entitled to collect $2,000/month if you filed at age 66, your spouse's survivor's benefit will be the same. Your spouse may start to collect survivors benefits as early as age 60, but his or her benefits will be reduced. At age 60, his or her survivors benefit will be reduced by about 28.5%, providing a benefit of $1,430/month. At age 62, his or her benefit will reduced by about 19%, for a benefit of $1,620/month. Your spouse may collect the survivor's benefit or his or her own benefit, whichever is more, but not both at the same time. He or she may switch to his or her own benefit as early as age 62, if that would provide more income. Your spouse can maximize his or her benefit by studying both your benefit statement and his or her benefit statement to determine what type of benefits will pay the most, the best time to file for these benefits, and if it makes sense to switch from survivor benefits to his or her own benefit. If your surviving spouse is <strong>disabled,</strong> he or she may collect survivors benefits as early as age 50. Your <strong>former spouse</strong> is entitled to survivor's benefit, based on your earnings, as long as you were married to your former spouse for at least ten years, he or she has not remarried, and is not collecting his or her own benefit.

Your <strong>unmarried children </strong>under the age of 18 (or up to age 19 if they attend elementary or secondary school full time) are eligible to collect benefits. Each child's benefit will be 75% of your benefit at full retirement age. If your benefit at age 66 would have been $2,000/month, each eligible child is entitled to collect $1,500/month. If your child is receiving survivor's benefits and is younger than age 16 or is disabled, your surviving spouse may collect the same amount that each eligible child is collecting, but the maximum amount of survivors benefits that your family may collect in 2015 is $3,835/month. If your child was disabled before age 22 and remains disabled at the time of your death, he or she may collect survivors benefits at any age. If you have been supporting your parent(s) by paying at least one-half of their living expenses, your <strong>dependent parent(s)</strong> may collect survivor's benefits if they are 62 or older.

The rules governing the survivor's benefits payable to your surviving spouse, your eligible children, your spouse who is caring for eligible children, your former spouse, and your dependent parents are complicated.   But after the death of a spouse, or a parent or child who is supporting you, you should schedule a visit to your local Social Security Office to review your options before you file for benefits.

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						        </entry>
	        <entry>
            <author>
									                    <name>by Roberta A. Schreiber, P.C.</name>
				            </author>
            <title type="html"><![CDATA[Baby Boomers &#8211; Don&#8217;t Leave Money on the Table (Part 1)]]></title>
            <link rel="alternate" type="text/html" href="https://www.robertaschreiber.com/blog/2015/05/baby-boomers-dont-leave-money-on-the-table-part-1/" />
            <id>https://www.robertaschreiber.com/?p=45925</id>
            <updated>2020-02-27T13:42:49Z</updated>
            <published>2015-05-15T05:00:00Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[What You Don’t Know About Social Security Retirement Benefits Each year, millions of dollars of social security retirement benefits are not claimed. The Social Security rules are so complicated and there are so many (almost 3000), that many people don’t know what they are entitled to collect. Knowing what you will collect from Social Security is a critical part of…]]></summary>
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<div>

<strong>What You Don't Know About Social Security Retirement Benefits</strong>

Each year, millions of dollars of social security retirement benefits are not claimed. The Social Security rules are so complicated and there are so many (almost 3000), that many people don't know what they are entitled to collect. Knowing what you will collect from Social Security is a critical part of retirement planning. This multi-part Article will explain the rules and provide references and links to help you and your spouse understand and maximize your retirement benefits. Your basic reference is your Social Security Statement, which you can find at <a href="http://www.ssa.gov/myaccount." data-wpel-link="external" target="_blank" rel="noopener noreferrer">http://www.ssa.gov/myaccount.</a> This statement shows your estimated benefits at various ages and your earnings record. Your earnings record is important because your retirement benefit is based on your present and past income. To calculate your benefit, Social Security uses a complicated formula, averaging your monthly income in the thirty-five years in which you made the most money, and then adjusting the average amount by an inflation index. If your earnings record does not report all of your income, your retirement benefit will be lower than it should be. If your earnings record is not accurate, it can be corrected with the help of your current or former employer.

Next, you should access your full benefits statement by clicking on the link at the bottom of the estimated benefits page (Print/Save Your Full Statement). Page 2 of the full statement shows the estimated retirement benefits you can collect at ages 62, 66, and 70, your disability benefits, and survivors benefits that family members may collect. On pages 3 and 4, there are brief descriptions of survivors benefits, the laws that may effect your benefits, such as Government Pension Offset and Windfall Prevention, and referrals to seven different publications for more detailed information. You can also visit your local Social Security office for benefit information and forms, but you will not receive advice about the following:

how your filing age determines your lifetime benefits and your spuse's  benefits

how much you can collect if your spouse files for benefits and you do not file

how to optimize the benefits that your spouse can collect during your lifetime and after your death

how divorce and remarriage effects your benefits and how much your former spouses (all of them) are entitled to collect

how your benefits increase if you continue to work after age 62 or age 66

how your benefits are reduced if you continue to work while collecting benefits

what your filing options are, including my favorite, which is "file and suspend"

how you or your spouse may lose some or all of your benefits under the "Government Pension Offset" and "Windfall Elimination" rules

This is a lot to cover, so this will be a multi-part article<b>. Part 2 </b>will cover the basics. <b>Part 3 </b>and <b>Part 4 </b>will summarize the rules for Spousal Benefits and Survivors Benefits. <b>Part 5 </b>will explain how continuing to work after the first filing age (62) and full retirement age (66) will increase your benefits, and how continuing to work while you are collecting benefits will reduce your benefits. <b>Part 6</b> will have examples of filing options that will help you maximize your benefits and <b>Part 7 </b>will explain the "Government Pension Offset" and "Windfall Elimination" rules that can reduce or eliminate your benefits.

At times, it may seem that some of the filing options I recommend are "gaming the system", but remember that you have been paying into the system through payroll deductions since you were a teenager. Currently, 6.2% of your salary, up to $118,500 of earnings, is deducted each pay period. Your employer must pay the same amount. If you are self-employed like me, 12.4% of your salary is paid into the system each year. Since I started working, my combined employee/employer contribution has been almost $200,000 (you can find your combined contribution on page 3 of your full statement). If I had been able to deposit my contributions in an IRA account holding blue chip stocks, I would now have a stock portfolio worth millions. My point is that you deserve whatever you can collect

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<p class="related-posts">Related Posts: <a href="/blog/2015/05/baby-boomers-dont-leave-money-on-the-table-part-2/" data-wpel-link="internal">Baby Boomers - Don't Leave Money on the Table (Part 2)</a></p>

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