Trusts

Samuel B. Ledwitz Joins the The National Advocates Top 100 Lawyers

Samuel B. Ledwitz Joins the The National Advocates Top 100 Lawyers Link to Samuel’s Profile at The National Advocates The National Advocates: Top 100 Lawyers is an invitation-only national organization composed of America’s Premier Lawyers. Membership is extended solely to a select few of the most qualified attorneys from each state who exemplify superior qualifications of leadership, reputation, influence, stature and profile as lawyers practicing in designated aspects of the law. Members of The National Advocates are carefully screened prior to receiving an invitation for membership. The criteria used in the evaluation process include, but are not limited to, the following: Reputation among peers, the judiciary, and the public The previous year’s achievements in the practice area of specialty Board Certifications in area of specialty Nominations received from leading lawyers, current members and/or our executive committee members Leadership and membership within other national and state lawyer or specialty organizations Rankings and ratings of the attorney by established associations or organizations The National Advocates’ mission is to promote excellence in the legal profession through advocacy training, marketing, networking and education of lawyers....

MISTAKEN IDEAS REGARDING ESTATE PLANNING

There is a great deal of confusion and mythology regarding estate planning. It’s a subject that healthy, busy people really don’t want to think about. Understandably, the thought of suddenly becoming unable to function (due to disease or a catastrophic illness) and needing to depend upon someone else, along with having to come to grips with the inevitability of death, can really be distressing. However, by taking methodical, concerted action by creating a well-advised estate plan, one can at least confront these unpleasant realities in a rational way.     The following are some examples of erroneous information some people have regarding estate planning:   1. “I don’t have a will and I don’t really own a lot of property, so what’s the problem if I die without one?” You DO have a problem. Without having a witnessed will that is also valid within your state, if you die as a single custodial parent, your surviving minor children run the chance of being taken care of by blood relatives of the probate court’s choosing—not yours. In addition, any remaining financial assets in your name will be evenly distributed to your immediate family members. Without a clear-cut estate plan, your surviving spouse may not have enough of your money to supplement his/her retirement income.   2. “If I become incapacitated, my executor will take care of everything.” WRONG . Your executor is someone you have designated in your will to carry out your wishes after you pass away. If you’re still alive, and find yourself in failing health, your executor can’t help you. With a smart estate plan, you can...
WHAT IS “ASSISTED” LIVING?

WHAT IS “ASSISTED” LIVING?

As we, our parents and relatives age, their ability to live independently eventually becomes unsafe, unrealistic—or both. One option in having them avoid the very real possibilities of household accidents and injuries can be found in convincing our elder loved ones to reside in assisted living facilities. Not to be confused with convalescent homes, assisted living accommodations are less expensive and offer options that can enable seniors to enjoy a large degree of autonomy. They range from single residences to multi-level apartment complexes. Visually, they are more appealing than nursing homes (without their depressing atmosphere). In addition, they provide a more traditional residential ambiance in that they have reading areas, kitchenettes and private sleeping quarters. What also distinguishes them from a convalescent setting is that they reinforce “activities of daily living” or ADL’s (morning routines, bathing, preparing meals, and getting dressed). This is provided by staffing case managers who instruct and recommend more efficient ways to help them continue to live independent lives. In many ways, it is the best of both worlds. Seniors are able to have onsite care/support as needed, while being able to enjoy their golden years in a safe, independent environment. Tenants are encouraged to participate in group activities (such as shuttle service to attend concerts, movies, and casinos). In addition, many are allowed to have small pets live with them. As they age, seniors can transition to an elder care facility once it becomes evident that intensive medical care and attention are needed. According to Arizona Assisted Living Cost, assisted living facilities are regulated at the state level. In general, these facilities are required...

Using Qualified Personal Residence Trusts To Lower Your Taxes

Clintons seek to avoid a tax they once supported Bill and Hillary are reportedly using tax advantaged strategies used by multimillionaires. Read More at fortune.com   Qualified Personal Residence Trusts – Bezaire, Ledwitz & Associates, APC Qualified Personal Residence Trusts, or QPRTs (pronounced “cue-pert”), are Advanced Estate Planning instruments that help clients transfer their principal residence at a lower Estate/Gift Tax value. Clients benefit from a QPRT’s by transferring their principal residence into an Irrevocable Trust (meaning that the trust cannot be amended, modified, or revoked once it has been created and funded), and retaining a right to live in that residence for a period of years. The named beneficiaries of the trust will receive the residence from the trust when the term ends, should the Grantor survive until that time. Read More at Bezaire, Ledwitz & Associates, APC Video – Qualified Personal Residence Trusts, Bezaire, Ledwitz & Associates, APC [wp_lightbox_ultimate_youtube_video_embed videoid=”16BkGj4A2ls” playlist=”” width=”853″ height=”480″ hd=”1″ autoplay=”1″ display_control=”1″ fullscreen=”1″ autohide=”2″ theme=”dark” show_suggested_video=”0″ use_https=”” enable_privacy=”” show_logo=”1″ showinfo=”1″ auto_popup=”” direct_embed=”” anchor_type=”image” text=”” source=”https://smartestateplans.com/wp-content/uploads/2014/02/qprt.png”] Qualified Personal Residence Trust Viewpoints on Financial Planning A qualified personal residence trust is ideal for anyone who has a substantial estate and is expected to face future transfer taxes. One of the best tools to manage future transfer tax liability for wealthy families is a qualified personal residence trust (QPRT). Read More at http://www.bbt.com/bbtdotcom/wealth/retirement-and-planning/trusts-and-estates/qualified-personal-residence-trust.page The ABCs of QPRTs A popular estate planning technique in today’s growing real estate market is to transfer a residence to a qualified personal residence trust (QPRT) to reduce the size of the estate. This article provides a case study on the mechanics...

Estate Planning: Affordable Care Act and expanded Medi-Cal

Under the Affordable Care Act (“ACA”), low income persons under age 65 may enroll in the expanded Medi-Cal in order to meet the federal requirement that everyone have health care insurance. At age 65, Medicare covers doctor visits, hospital visits and some prescription drugs. Read...