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Protecting Inherited Retirement Plans – Part 3
By Leigh Hilton, May 15 in Articles, Blog with 0 commentsNow that we have covered how you can protect the assets of your heirs’ inherited IRAs, it’s time to move on to the rules for withdrawing assets from an inherited IRA. Our last article will cover pros and cons of creating a Retirement Plan Trust to be the beneficiary of an IRA. What Rules Apply?
Last month I attended the National Academy of Elder Law Attorneys (NAELA) Conference in Seattle. I enjoyed learning what is new in Medicaid, Supplemental Needs Trusts and Veteran’s Aid and Attendance. I attended a session on Veteran’s Benefits. One of the things I learned was that a claim for Veteran’s Benefits can be filed where
Protecting Inherited Retirement Plans – Part 2
By Leigh Hilton, Apr 17 in Articles, Blog with 0 commentsLast month, we covered the startling fact that inherited IRAs are not asset protected, and now we will move on to how you can asset protect your heirs’ inherited IRAs. The Fox Guarding the Hen House A second major problem in planning for qualified plans and IRAs is the “found money” syndrome. Those who put
I taught a portion of the Medicaid Maze 2012 this last week. My portion was on legal documents needed for estate planning and elder law planning. Gary Crooms of Senior Information Services taught a wonderful three-hour CE Course on Medicaid, Aid and Attendance for Veterans and other issues related to paying for long-term care. This
Protecting Inherited Retirement Plans – Part 1
By Leigh Hilton, Mar 28 in Articles, Blog with 0 commentsFederal law protects qualified retirement plan accounts from creditors and lawsuits. State law protects IRAs. Many wrongly believe that these accounts will remain asset-protected after their owners die. This article first reviews the asset protection of qualified plans and IRAs and the required distribution rules for account owners. Next it discusses the alarming concurrence of
The longer we live, the greater the chance is that we will need some type of long-term care, meaning that we will need to be taken care of due to a physical illness, a disability, or a mental impairment, such as Alzheimer’s, dementia, or aphasia. Such care can be provided by family members, professional caregivers,
What Will Happen to Pets When the Owner Becomes Disabled or Passes Away?
By Leigh Hilton, Jan 17 in Articles, Blog with 3 commentsFor many pet owners, pets are members of the family. These pet owners often say that if something happens to them, they are just as concerned with what will happen to their pets as they are with what will happen to their children or spouse. This article examines the issues surrounding caring for pets after
Will your estate plan work when you die or become incapacitated?
By Leigh Hilton, Oct 24 in Blog with 0 commentsWhen do you need your estate plan to work? The answer is when you die or become disabled. The problem is most estate plans are designed based on the circumstances when the plan is created and usually have language to cover some contingencies. I have just come back from a continuing education program that opened
This is the time of year that we enjoy bike rides and taking walks at Lake Ray Roberts. The trail at Ray Roberts reminds me of hiking in Arkansas (yes, I have a good imagination). The fall is a wonderful time of year. It is easier to exercise when it is not so hot outside.
Does a Supplemental Needs Trust Need a Payback Provision?
By Leigh Hilton, Sep 21 in Articles, Blog with 0 commentsThe quick answer is that it depends on the source of funds used to create the trust. Before we get too much further in, let me give you the definition of a Supplemental Needs Trust or a Special Needs Trust. A Supplemental Needs Trust is a trust that is designed to protect assets for an individual
Health and Education Exclusion Trusts (HEET)
By Leigh Hilton, Aug 22 in Articles, Blog with 0 commentsThe Health and Education Exclusion Trust (HEET) is a dynasty trust intended to pay medical and tuition expenses of persons two or more generations younger than the person who creates the trust. Usually, grandparents create a Health and Education Exclusion Trust for the benefit of their grandchildren. These trusts are created for generation-skipping transfer (GST)
We spent 2 weeks driving to New York to see James’ brother, who is in the marines. Mike met us in Sandusky, Ohio where we spent 2 days at an amusement park. It was really nice to have 80 degree weather. The amusement park is on Lake Erie, so there was a beautiful view of
When many people draft their Last Will and Testament or Living Trust, they often don’t take into account any of the supplemental legal documents that bolster their wishes and ensure specific plans are carried out. These are often called ancillary documents for estate planning. Below is a list of all the types of ancillary documents
Most years, I attend a minimum of 80 hours of continuing legal education (CLE) , when in Texas attorneys are only required to attend 15 hours of CLE per year. It is because I want to make sure I have the cutting edge planning that helps protect my clients and their families. I am always
Caregivers have an incredible responsibility; one that many caring people choose to do for a living, and it’s also one that many are thrust into unprepared. Whether it’s taking care of a parent, a child, or a spouse, everyone can agree that while this duty is as stressful as it is necessary. As such, many
This month’s article focuses on caregiver burnout. Being a caregiver can be exhausting and take a toll on a caregiver’s health. I have had a few weeks experience of caregiver exhaustion. I know it is a very small sample compared to the 24 hour caregiving a lot of you are doing for your loved ones.
I have been giving the cat an antibiotic twice a day for the last 10 days. She is not happy with me shoving a pill down her throat twice a day and holding her mouth shut until the swallows. I have scratches all over my arms from the cat fights we have been having. The
When you think of estate planning, you may only think of setting up Wills, Trusts, and possibly a Medical Power of Attorney. You think of how to divide property and who will make healthcare decisions when Grandma is no longer able to. However, planning your estate or helping Grandma plan her estate can be far more
I am truly blessed to have such wonderful clients and friends. I recently had 8 clients and referral sources agree to be part of testimonial videos. I told Tammy if I am ever having a bad day to have me watch the videos. I enjoy helping my clients and making sure their families are protected.
More often than not, veterans walk away from their time of service without fully understanding what benefits are available to them. The following are answers the most common questions about planning with Veterans’ benefits. If you have a question not listed here, do not hesitate to contact our office to discuss your questions and your
Planning for Medicaid is not really something any of us have in the forefront of our minds when planning for our future and eventual retirement, and while many of us will never need it, it’s always good to know your options when it comes to Medicaid planning. The following are the most frequently asked questions
I had the opportunity to during our exciting 7-day cruise over Spring Break, but I decided not to. James and the boys kissed it. We got to swim with the stingrays in Grand Cayman. It was both exciting and a little scary. Prior to arriving, I had been told that their barbs had been removed,
Planning for Disability – The Good, The Bad and The Necessary No one likes to think about the possibility of their own disability or the disability of a loved one. However, as we’ll see below, the statistics are clear that we should all plan for, at the very least, a temporary disability. Disability planning is
Before I get into the story, can I ask you to do me a favor? If you are a client or referral source, I am doing a testimonials video and need five minutes of your time. Email me if you are willing to help me out. Thanks so much in advance. And now on to
Facebook is a New Venue for “Grandparent Scam”
By Leigh Hilton, Feb 10 in Articles, Blog with 0 commentsOfficials with the Better Business Bureau of Northeast California are warning older adults about a new twist in an old telephone scam that preys on grandparents who think they are helping their grandchildren in an emergency. The scam, which first surfaced in 2008, involves a grandparent receiving a call from a person claiming to be
It is kind of a long story as to what led my 11-year-old son to ask me that serious question. Let me start at the beginning. A friend of mine had given me two tickets to the Stars game. I decided to surprise Brad and take him to the game. I picked up Brad at
What should you look for in an estate planning attorney?
By Leigh Hilton, Jan 13 in Articles, Blog with 0 commentsWhen one looks for an estate planning attorney, they often don’t look for a specific estate planning attorney. They may talk to their own attorneys, friends who are attorneys, or any attorney who claims to handle estate planning affairs. Despite how basic a will preparation may seem, no one should have “just anybody” draft one
Every Texas attorney has studied the various estate planning documents, including Wills, Revocable/Irrevocable Trusts, Durable Powers of Attorney, Medical Powers of Attorney, and so on in law school. Recently, we have all seen through the power of the media the importance of a Directive to Physicians, which is also known as a Living Will. All
How much time do you have to spend with loved ones? Since none of us knows when our expiration date is, we need to live like this is the only time we have. It is very important that we enjoy the time we are given and appreciate all of it. I went to Austin Pruett’s
October Newsletter – What is Your Favorite Cave or Cavern?
By Leigh Hilton, Oct 19 in Blog with 1 commentCurrently, mine is the Caverns of Sonora. The reason why I say “currently” is because Brad and Matthew have pointed out that every time we leave a cave or cavern, I say that one is my favorite. I think that is because I enjoy looking for things that are different and unique in each cave we go through. James and I both enjoy touring caves and try to see any that are near our vacation spots
You don’t need to be Elizabeth Taylor to be on your second, third, or even fourth or fifth marriage. If you’ve had more than one spouse, you have special financial and estate planning needs, especially if you have children with each spouse. Neglecting these issues is a surefire way to create a less-than-desired result in the event of illness, incapacity, or death
Estate Planning for Children with Special Needs
By Leigh Hilton, Sep 28 in Articles, Blog with 0 commentsIf your child has physical, emotional or mental challenges, careful estate planning is crucial. One of the most important reasons to create a proper estate plan is to preserve the child’s eligibility for government benefits and other programs. There are many things that could go wrong and jeopardize eligibility for those benefits.
I recently spent 40 hours training in Domestic Asset Protection Trusts. The training consisted of an advanced tax course in asset protection. There are several very creative ways to protect your assets from lawsuits, and I am planning on having a seminar in November to share what I have learned in this venue. If you
An Inventive Way to Keep Aging Family Members Close
By Leigh Hilton, Aug 25 in Articles, Blog with 1 commentA small firm in Virginia that focuses on revolutionizing the way that Americans care for their elderly family members recently presented its first prototype of a portable, high-tech room – called a MedCottage – that would provide temporary shelter for a sick family member in the family’s own backyard. The prototype is a 12-by-24-foot cottage
That is one of the many things that my sons Brad and Matthew learned when they earned their Junior Ranger and Junior Scientist badges at Yellowstone National Park. Matthew got his Junior Ranger badge in both Yellowstone and Arches National Parks, and Brad earned a Junior Scientist badge at Yellowstone. We just got back from
I have talked often about the need to engage in estate planning in our former blog posts. And while it is important to focus on making sure your family and assets are protected; I don’t want to overlook the day-to-day tasks that we are often faced with. If you use an iPod Touch, iPhone, or iPad,
This month was the sixth month anniversary of the new office. We had a wonderful celebration dinner at El Guapo’s. Thanks to everyone who joined Tammy and me to celebrate. Life could not be better. On July 9th, James and I celebrated our my 22nd wedding anniversary. I talk a lot of times in this newsletter
The main reason people want a will or a trust is to make sure that the assets they have worked hard to accumulate make it to the next generation. They want the peace of mind that comes with knowing they have done their best to protect their family. The top motivating factor for discussing a
What do you think of the new design for the newsletter?
By Leigh Hilton, Jun 02 in Blog with 4 commentsI would love to have your feedback. Louellen Coker of Content Solutions did an excellent job designing it. There are links to our pages on Facebook, LinkedIn, and Twitter. If you are on any of those sites, please send me an invitation to connect. Summer is coming up fast. Are you going anywhere interesting? We are headed
The Vial of Life is a free program designed to give emergency personnel the information they need to care for you in an emergency. It is designed to speak for you when you can’t speak for yourself. The vial contains important medical information that can assist emergency personnel in administering the proper medical treatment. Every
I love looking at Irises this time of year. They come in such a wide variety of colors. We have one in our yard that looks black, although I think it is actually a dark purple. Spring is a wonderful time of year that brings a wide variety of flowers and of course, baseball. Brad
From Leigh… Can You Find Water in the Desert? We visited 5 state parks in West Texas for Spring Break. The most beautiful one was Colorado Bend State Park. The guide said it had primitive camping. We didn’t realize the whole park would be primitive. Read more. Do You Have Children or Grandchildren in College?
We visited 5 state parks in West Texas for Spring Break. The most beautiful one was Colorado Bend State Park. The guide said it had primitive camping. We didn’t realize the whole park would be primitive. The entrance to the park was a cattle guard and a sign that said stay in your car this
If the college student is taken to the hospital unconscious, will the hospital staff know how to contact their family? Or more importantly will they have permission to discuss the college student’s medical information with their family? Most college students want their parents help in a medical emergency. Under the privacy laws (“HIPAA”), the medical personnel can
Have you told your story? If you don’t tell it, who will. After the death of a parent or grandparent, many children and grandchildren are sad that the stories are lost. I am offering to videotape a 30 minute interview of you to help preserve these memories. If you are interested, contact Tammy at tvaladez@dentonlawyer.com. To
I thought I had finally gotten my subscription canceled. We went camping last weekend with the cub scouts. There were 100 people at the camp-out including at least 50 very noisy children. You would think that would have scared the “critter of the month” off, but no. This was a very determined delivery person. I
On the evening of November 13th, we are going to be having a movie event at Good Samaritan-Denton Village. We are going to be showing “It’s a Wonderful Life”. (We will send out more details later). This movie reminds us the importance of counting our blessings and taking nothing for granted and how we influence
I recently started a blog on estate planning. If you are interested in viewing it, click on http://leighhilton.wordpress.com/. I am still amazed at all the different things that can be done on the internet. So many things have changed in my lifetime already. I remember when computers started being used for personal business. In the
James and I just celebrated our 20th wedding anniversary. God has blessed me with a wonderful husband. I keep being reminded by people who have lost their spouses to cherish every day. James is a wonderful father and husband. We are enjoying raising the boys together. We went to Eureka Springs, Arkansas. When James went
James and I took his grandmother and the boys to Ice! at the Gaylord Texan. It was a beautiful display. If you haven’t seen it yet, it is worth the trip. They have a life size nativity scene that is awe inspiring. Brad and Matthew loved the giant ice slide. It is 3 stories tall.