What is the Role of a Trust in an Estate Plan?

Organizing your affairs in preparation for the end of your life is an important task, and estate planning is an ongoing process that includes much more than writing a will. This type of planning helps determine who can make decisions on your behalf, who takes care of your dependents, and how to avoid unnecessary taxes and waiting periods. Estate planning covers any decisions regarding money, property, medical care, dependent care, and other matters that can arise when a person dies. The biggest benefit of estate planning is peace of mind—you’ll know your wishes will be fulfilled for the benefit of your loved ones. At the very least, everyone should have a simple estate plan in place. Why Everyone Needs an Estate Plan The biggest benefit of estate planning is peace of mind—knowing your wishes will be fulfilled for the benefit of your loved ones. Without an estate plan, the government will decide the fate of your assets, which may not align with your wishes. Establishing your health care and financial preferences now can save your family a lot of time, money, and emotional stress later. Key Elements of Estate Planning Wills A will, formally called a “last will and testament,” is a legal document stating how you want your executor to distribute your assets when you die. Dying without a will means state law will dictate what happens with your estate, leading to potential delays and increased costs. Having a will ensures your wishes are honored and can streamline the probate process. Trusts A trust is a legal contract that allows another person (the “trustee”) to hold property for you (the “grantor”) for the benefit of your beneficiaries. Trusts can help manage property for minor children and expedite the distribution of assets, avoiding lengthy probate processes. Types of Trusts Living Trust: Holds property during your lifetime and after your death. Testamentary Trust: Created by a will and effective after death. Revocable Trust: Can be modified or revoked by the grantor. Irrevocable Trust: Cannot be changed after it's established. Power of Attorney Power of attorney (POA) gives someone else the authority to make legal, financial, or medical decisions on your behalf. Types of POA Durable POA: Remains in effect if you become incapacitated. Limited POA: Grants authority for specific tasks or time periods. Financial POA: Manages financial affairs. Health Care Directives Health care directives ensure your medical wishes are respected if you cannot advocate for yourself. Living Wills: State your preferences for medical treatment and end-of-life care. Health Care Proxies: Appoint someone to make medical decisions on your behalf. Advance Directives: General term for documents related to future medical decision-making, including HIPAA authorizations. Start Planning with Kyle Wynn & Associates Today No matter how old you are or how much property you have, you should have an estate plan in place. If something happens to you without an estate plan in place, the government will decide the fate of your money and your belongings, and their decisions may not align with your wishes. Also, your end-of-life wishes may not be carried out. Establishing your health care and financial wishes could save your family a lot of time, money, and emotional stress. While you might only need a simple will in your 30s, your estate plan should be updated as you age, get married or divorced, and have children. At Kyle Wynn & Associates, we are here to guide you through every step of the estate planning process. Our experienced team will help you understand your options and ensure your wishes are honored. Contact us today to schedule a consultation and secure peace of mind for you and your loved ones.

In the realm of estate planning, precision and foresight are paramount. However, the emergence of DNA test kits has introduced a new layer of complexity. At Kyle-Wynn & Associates, we recognize the significance of this evolution and strive to equip individuals with the knowledge and tools necessary to navigate these challenges seamlessly. Why Careful Planning Matters: Estate planning is not merely about the allocation of assets; it is about safeguarding your legacy and ensuring your loved ones are provided for according to your wishes. Yet, a common pitfall lies in documents drafted too broadly, leaving room for ambiguity and dispute. For instance, a will that vaguely designates inheritance to "children" without specific names can inadvertently open the door for unforeseen claimants, including those identified through DNA testing. The Impact of DNA Test Kits on Estate Planning: DNA test kits have the potential to unearth new branches on the family tree, disrupting even the most meticulously crafted estate plans. Consider the scenario where an individual discovers their biological connection to a deceased person through genetic testing. Legally, this revelation can challenge established estate plans, leading to disputes over inheritance rights. Whether it's a child born after the execution of the will or an individual previously unknown to the deceased, DNA test results can significantly impact the distribution of assets. Preventing Confusion and Protecting Loved Ones: To mitigate the confusion and potential conflicts arising from DNA test kits, proactive measures are essential. Rather than relying on ambiguous language in legal documents, it is imperative to clearly name heirs and beneficiaries. Working closely with experienced attorneys, such as those at Kyle-Wynn & Associates, ensures that estate plans are unambiguously worded and aligned with your intentions. Regular updates to these documents, particularly in the event of new familial developments, serve as a safeguard against unintended consequences. The Bottom Line: In the ever-evolving landscape of estate planning, adaptability and precision are indispensable. DNA test kits may unveil hidden familial ties, underscoring the importance of clarity and specificity in legal documents. By proactively addressing these considerations and partnering with knowledgeable professionals, individuals can fortify their estate plans against potential disruptions. At Kyle-Wynn & Associates, we specialize in crafting comprehensive estate plans tailored to your unique needs and circumstances. Contact us today to schedule a consultation and take proactive steps towards safeguarding your legacy for generations to come.

I made this recipe yesterday to take to a neighbor who's ill. It's has been a favorite of my family for many years since my father started making it for us longer ago than I care to remember. According to the United State Senate's website, "bean soup has been a required and beloved menu tradition in Senate restaurants for more than a century. There are competing stories about the origin of the mandate that bean soup be served daily. According to one story, the Senate’s bean soup tradition began early in the 20th century at the request of Senator Fred Dubois of Idaho, who as chair of the committee overseeing the Senate Restaurant, passed a resolution in the committee requiring that bean soup be on the menu daily. Another story attributes the request to Senator Knute Nelson of Minnesota, who expressed his fondness for the soup in 1903 and insisted that it be on the menu each day." When I traveled to Washington, DC back in 1998 for my admission to the Bar of the United States Supreme Court, I was fortunate enough to be invited to dine in the senators' private dining room by a family member who worked for then-Colorado Senator Ben Nighthorse Campbell. I don't remember what else I ordered, but it was a cold February day and some hot soup hit the spot! While there, I got to meet Naomi Judd who was dining as the guest of another senator (I don't remember who), but she stopped by our table and visited for a minute or two. The Senate's website has two recipes, but here's my version of Senate Navy Bean Soup. 1 white or yellow onion, chopped fine, sauteed in 2 tablespoons butter in an instant pot When onions are translucent, add 1 pound navy beans, rinsed, and preferably soaked overnight Add approximately 1 pound chopped ham, or add a hambone to cook with the beans Add five cups chicken stock, 1 teaspoon kosher salt, 1 teaspoon black pepper, worcestershire and Tabasco to taste Cook on high pressure for 10 minutes if beans were pre-soaked or 15 minutes if not. Allow to remain under pressure another 10 minutes or so, then vent. This soup goes great with hot cornbread, but that's a recipe I'll share with you another day. Feel free to share this recipe and let me know in the comments if you tried it and how you liked it.

Chemical dependency can strike any family. If your family member suffers from a dependence on alcohol or drugs, prescription or illegal, and refuses to get help, you are not alone. Over the past Thirty-two years, we have helped hundreds of families to use the Mississippi Chancery Court system to require alcoholics or addicts to enter and complete chemical dependency treatment.

It’s not too late to consider your New Year’s resolutions for 2024! The top four resolutions for 2023 were to eat better, exercise more, spend less money, and take better care of yourself. Having the appropriate legal documents in place in the event of disability or death did not even make the list. If you are like the majority of Americans, you have done no planning. Here, we will discuss some New Year’s resolutions that will help you do your planning easily and effectively and benefit you and your family.

Southern traditions dictate the preparation and consumption of certain foods on New Year's Day to ensure prosperity in the coming year. For as long as I can remember, my family has enjoyed a pot of blackeyed peas (for luck) and either turnip greens or cabbage (for money) on January 1 because the last thing I want to do is tempt fate! Blackeyed peas are delicious and if you follow this recipe, you might be tempted to prepare them more often than once a year. Here's how I do mine in the Instant Pot. This method saves time and makes for easy cleanup with no compromise on quality or flavor. What you'll need: 1 lb dried blackeyed peas 2 Tablespoons butter 1 large onion, chopped 3 cloves garlic, minced 1 teaspoon Kosher salt 1 teaspoon black pepper 1 lb ham hocks, a ham bone, or a cup of chopped ham 5 cups chicken stock 1 tablespoon worcestershire sauce 1 tablespoon Tabasco sauce Instructions: Rinse peas and set aside. Set the Instant Pot to "Saute" and add butter, onion, and salt. Saute until onions turn translucent, about 5 minutes, then add garlic and saute about 2 minutes longer. Add dried peas to pot. Place hambone on top, then pour chicken stock over peas and hambone. The peas should be completely covered with stock (if not, add more water until they are covered). Lock the lid and set valve to seal. Set the Instant Pot to "Pressure Cook" or Manual and "High Pressure" and set the time to 30 minutes. When the 30 minutes is up allow the pressure to release naturally for 20 minutes (in other words, do not open the valve until 20 minutes has passed). Once the 20 minutes is up, open the valve and allow the pressure to release. Open the lid, remove the hambones, and shred the meat off the bones. Stir the meat back into the pot and season to taste. Serve and enjoy! **Notes-To speed up the cooking process with dried peas, they can be soaked in water for at least 8 hours or overnight. When ready to use just drain and rinse and reduce cooking time to 15 minutes. Great pairings with your blackeyed peas and greens are sweet potatoes, pork loin or pork roast, and homemade cornbread. Happy new year!

For many people, creating an estate plan that includes a trust is the best way to accomplish their goals after death and during their lifetime. But many people hesitate to consider a trust because they don't understand precisely what it is and how it works. However, if you know a few basic concepts, as explained in this article, you can decide whether a trust is a suitable approach for your estate plan. What is a Trust? A trust is a document in which a trustee manages and distributes assets on behalf of the individual who creates the trust. To establish a trust, the trustor signs a legal document, a Trust Agreement, that establishes the trust and specifies the terms under which it will operate. In the agreement, the trustor names a trustee to manage the trust assets and distribute the trust property to the beneficiaries named in the trust document. The trustee must administer the trust and distribute the property according to the terms specified in the trust document and compliance with applicable laws. While this may initially sound like you are giving up control of your assets to a trustee, you may serve as trustor and trustee in a typical estate-planning trust. A substantial body of law governs trusts. For example, Mississippi law includes numerous statutory provisions for creating and administering trusts, trustees' conduct, and beneficiaries' rights. In addition, court decisions interpreting trust law and applying the statutory provisions govern trusts. Types of Trusts Trusts can be characterized in several different ways. A living trusttakes effect during the trustor's lifetime. In contrast, a testamentary trust does not take effect until the trustor's death, although the trustor executes the trust document during their lifetime. A trust also can be either revocable or irrevocable. The trustor can change or terminate a revocable trust at any time. An irrevocable trust cannot be altered or terminated by the trustor after it is established, except by the terms of the trust or by a court. Many people use living trusts as an integral part of their estate plans. In most living trusts, the trustor is also the trustee and beneficiary of the trust during their lifetime. On the trustor's incapacity or death, a successor trustee who the trustor chooses in advance then manages the property for the benefit of the trustor for the remainder of the trustor's life and then ultimately distributes the assets to the named beneficiaries following the trustor's death. What Does a Trust Accomplish? A trust is a very valuable and very flexible estate planning tool. It can accomplish many different purposes. A trust cannot be a "one size fits all" document. Every trust is uniquely designed to address the goals of the trustor who creates it. Some of the common reasons for using a trust in an estate plan include: Protecting a family legacy into the future, including preventing claims by future ex-spouses and creditors Addressing the unique inheritance concerns that arise in a blended family Providing management of the inheritance of minor children Taking care of a child or adult with special needs using a supplemental needs trust Providing financial management for beneficiaries who are financially irresponsible or have substance abuse or other addiction issues (spendthrift trusts) Protecting assets as part of a Medicaid planning strategy to provide for nursing home long-term care needs Minimizing estate taxes and avoiding probate While trusts are the right approach for many situations, they are not the best solution for all circumstances. For example, if you establish a trust without assistance from an experienced estate planning attorney or use a form or online service to create a trust, you will likely not accomplish what you intend. In addition, a do-it-yourself approach can create costly legal problems that are difficult to resolve (if at all) or discovered too late to fix. Benefits of Including a Trust in Your Estate Plan Including a trust in an estate plan provides several benefits. One significant advantage is that a trust enables the trustor to control how property and assets are distributed to beneficiaries after the trustor's death. Contrast that with the lack of control over property distributed through a last will and testament , which goes in a lump sum to named beneficiaries after a costly and lengthy probate process. A trust has several other significant benefits as well, such as: Avoiding probate for property and assets, thereby eliminating the delay and expense that is an unavoidable part of the probate process Maintaining privacy of individual and family financial information Protecting assets into the future in the event of the trustor's incapacity or death Taking care of family members with special needs while preserving eligibility for public benefits To determine whether a trust is the best way to accomplish your long-term financial goals, discussing your personal and financial circumstances with an experienced estate planning attorney is essential. Talk to One of Our Experienced Estate Planning Attorneys Please call us if you want to discuss how this type of planning might benefit you more precisely and in greater detail. We'll be happy to set up a convenient time to get together and answer any questions you might have. Mention this article to obtain a FREE consultation. Making informed decisions may become more difficult or even impossible over time. The longer you wait, the greater the risk becomes. But with proper planning, you will ensure you've taken the best steps to protect your loved ones and your family's financial security. If you would like the guidance of a law firm that has helped many families successfully deal with these issues for many years, please call us today. You have absolutely nothing to lose!

Like medicine, the legal profession has many specialized fields. You’ve likely heard of some of them: criminal law, corporate law, family law, and tax law are pretty well-known examples. Each deals with the particular area of the law for which it is named. Elder law is the same. It refers to the numerous legal issues that primarily affect older adults. Here are some of the more prominent topics grouped under “elder law.” Guardianship and Conservatorship When someone becomes incapable of caring for themselves, what to do is a topic fraught with controversy. Courts are often called on to appoint a guardian for incapacitated or disabled people when no planning has been done. This is a legal proceeding where a court decides whether to appoint a guardian to make decisions for and manage the incapacitated person's affairs, properly termed the "ward." If the court determines a guardian is needed, they must decide who should be appointed. The guardian is generally responsible for caring for the ward and their affairs. This includes providing necessities, making medical and long-term care decisions, and managing the ward's financial affairs. A conservatorship is very similar to a guardianship, but under Mississippi law, this term now refers only to managing the ward's financial affairs. Once put in place, this arrangement will probably last until the ward's death. Accountings must be submitted to the court in nearly all cases on at least a yearly basis, causing onerous bookkeeping requirements for the conservator. You can avoid conservatorship and guardianship in almost all cases with proper planning. Medical Directives and Powers of Attorney Many people choose to make preparations in advance in case they become unable to care for themselves. An Advance Health-Care Directive, which everyone over the age of eighteen should have, allows you to set out your wishes for medical treatment and care should you become unable to speak for yourself. Unfortunately, failure to plan can again lead to court involvement, and the Terri Schiavo case from Florida is a famous example. Mrs. Schiavo suffered a medical event leaving her in a persistent vegetative state. Unfortunately, her end-of-life wishes were not in writing, leading to years of court involvement in this family's highly emotionally-charged decision-making process. Although Mrs. Schiavo was not at all elderly (she was only 26 when she was stricken), elder law attorneys are frequently involved in this area of the law because incapacitation more often strikes the elderly than younger people. Signing a Durable Power of Attorney allows someone else to manage your financial affairs and transact business in your place and stead in the event of your incapacity. With a legally sufficient power of attorney, your agent can, in most instances, do everything up to and including selling real property that you own, even including your home. Problems arise, though, when people download some form from the internet that may not be specific to their state of residence, or the form doesn't meet the requirements for a power of attorney to be valid. In addition, not all banks and financial institutions will honor powers of attorney, so if this document is all that you have to rely on, your agent may not be able to access any or all of your funds. This inability to deal with these funds can lead to an expensive, burdensome conservatorship. Estate Planning One of the oldest areas of the law is estate planning and administration. Estate planning is an area of law in its own right but is a familiar topic among elder law attorneys. This practice specialty involves the satisfaction of a deceased person's debts and property transfer to their intended beneficiaries after death. Unless steps are taken in advance to avoid it, this often occurs through the probate process – an infamously complicated, expensive, and drawn-out legal affair. Consequently, attorneys are frequently involved in estate planning matters from beginning to end. Estate planning can take many forms. Some people will do nothing. They get no say as to who will be in charge of their estate or who will inherit from them. Instead, state law and the judge assigned to their probate case will make those decisions. This is called an intestate estate. Some people who choose to do planning will rely on a Last Will and Testament, a document that states how the deceased person (called the testator) wants their property distributed after death. The will also specifies who the testator intends to manage and distribute the testator's estate. This person is called the executor. Unfortunately, having those wishes in your will is no guarantee that your wishes are followed. In your probate case, it's still up to the judge to appoint the executor and ultimately distribute the assets. If someone wants to contest your will, anything could happen. Every state has detailed laws governing the drafting and execution of wills and the administration of a decedent's estate. That's why it's so important to have an experienced attorney prepare your will. If the will wasn't properly drafted and executed, your wishes might not be followed. There are other options in estate planning as well. When educated about the many drawbacks of wills and probate, many people choose to set up a trust to manage their property not only after death but also during their lifetime. As the grantor of the trust, you can create your trust and transfer your property to yourself as trustee of your trust, so you are still in complete control of your property. If you become incapacitated, your successor trustee can manage the property, pay your bills, and take care of you. When you pass away, they distribute the trust's assets as specified among your named beneficiaries. Young beneficiaries, disabled beneficiaries, or beneficiaries who are irresponsible can have their inheritance preserved for their benefit if money is appropriately left to them in a trust. The most significant advantage to using a trust to plan your estate is that you avoid all of the expenses, delays, and loss of privacy that go along with probate. Nursing Home Planning Nursing homes can cost $10,000 per month or more. How would you deal with that? There are options, and an experienced elder law attorney can help you qualify for all of the benefits you're entitled to, including Medicaid or a very specialized type of benefits from the Veterans Administration. However, not taking advantage of these benefits could mean that all of your assets are consumed by the cost of your care, leaving nothing in the way of a legacy to your children. Getting Legal Help If you or a family member needs legal help with an elder law issue, you should consult with a qualified elder law attorney. An elder law attorney will be able to draft effective estate planning documents for you to avoid the complications of guardianship, conservatorship, and probate and answer any questions you have about protecting your assets while still receiving the long-term care you deserve. If you would like to discuss how this type of planning might benefit you more precisely and in greater detail, please give us a call. We'll be happy to set up a convenient time when we can get together and answer any questions you might have. Mention this article to obtain a FREE consultation. Making informed decisions may become more difficult or even impossible over time. The longer you wait, the greater the risk becomes. But with proper planning, you will ensure that you've taken the best steps possible to protect your loved ones and your family's financial security. If you would like the guidance of a law firm that has helped many families successfully deal with these issues for many years, please call us today. You have absolutely nothing to lose!  Before We Go... We recently had a client call us with some concerns about his investment advisor's questionable investments. While this is not our area of practice or expertise, we know not all brokers and advisors are the same. Many are very diligent and skilled at their work; however, others may not uphold their duties to you. In these cases, a negligent broker may make unsuitable recommendations, fail to manage and attend to your account correctly, or unnecessarily put your retirement funds at risk. Investing money in the stock market or any investment comes with certain risks, and those risks can lead to financial losses. Unfortunately, severe losses occur in many cases because financial advisors and stockbrokers commit fraud or negligence. Many people are unaware that their investment advisors and brokerage firms owe them legal duties to act responsibly, and they do not realize how common fraud or negligence is. A phone call to a colleague of ours who reviewed our client's account statements revealed some questionable account activity which is being investigated further. If you or someone you know has suffered investment or retirement account losses, there may be options for financial recovery. Don't hesitate to contact Kyle-Wynn & Associates at 601-978-1700 to arrange for a free consultation on these issues.