Written by Brandon C. Walecka, Esq. Sometimes I get a call from a client who says, “I want to change my Power of Attorney.” First, what is a Durable Power of Attorney (DPOA)? This is a legal document in which you designate who you want to make legal and financial decisions for you if you …
When Should I Review my Estate Planning Documents?
Written by Brandon C. Walecka, Esq. Clients often ask about ideal times to review their documents. Although there is no hard-and-fast rule about when you should review your estate plan, I generally recommend that you should consider reviewing your documents upon the occurrence of a major life event, which may include marriage, divorce, or death …
Is an In-Law Suite Right for you?
As you age, your ability to support and maintain your own home may become increasingly difficult. Health and mobility concerns may make living at home no longer feasible. In some circumstances, an adult child may suggest that you build an in-law suite in their home. The child may think that such a move will allow …
What is a “no contest” clause?
Written by Brandon C. Walecka, Esq. A “no-contest” (also called in terrorem clause) provision is a clause that you can put in your Last Will & Testament to discourage a disappointed heir from challenging your estate plan. If an heir files a lawsuit against your estate, then such a clause effectively cancels that heir from …
Questions to Consider Before Making Gifts
Written by Brandon C. Walecka, Esq. Many seniors consider gifting assets for long-term care planning purposes or just to help a child or other loved one in need. Did you know that some gifts can cause major problems for both the generous donor and the recipient? Here are a few points to ask yourself before …
Is it a good idea to have my son or daughter on my bank account?
Written by Brandon C. Walecka, Esq I often meet with clients who want their adult children to be able to access their accounts to help with writing checks or paying bills on their behalf. However, this good intention can create a serious risk of liability if carried out incorrectly. Often, a parent goes to the …
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Common Misconceptions About Your Last Will & Testament
Written by Brandon C. Walecka, Esq. Before I discuss the common misconceptions that many of my clients have about their Last Will & Testament, we should ask, “What is a Last Will and Testament?” The Last Will and Testament is a document in which you designate who will receive your property after your death. It is …
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DisabilityScoop.com Article: ABLE Accounts Shouldn’t Impede Access To Housing, Feds Say
Written by Brandon C. Walecka, Esq. An ABLE Act account won’t interfere with the beneficiary’s access to Supplemental Security Income payments or Medicaid. But how about housing and other benefits they might be receiving? … To continuing reading, click here.
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