December 13, 2016 law allows mentally competent adults with a disability to establish their own special needs trust
In response to an outdated presumption in the law that all adults with a disability are not competent to handle their own affairs, the "Special Needs Trust Fairness Act” was signed into law on December 13, 2016. The Act will insure that a mentally competent adult with a disability can establish his or her own special needs trust.
The dictionary defines a “Guardian” as a person who is entrusted by law with the care of the person or property, or both, of a minor.
The dictionary defines a “Guardian” as a person who is entrusted by law with the care of the person or property, or both, of a minor. The Guardian is the person who will raise your child in the event both you and your spouse have passed away. During the process of selecting an individual to be nominated as Guardian of your minor child under your Will, you should give consideration to the relationship of the Guardian to your child, the Guardian’s physical location, the values you share with the Guardian and the Guardian’s own home situation.
You may establish a trust during your lifetime or in your Will. In either instance, you must name a Trustee.
You may establish a trust during your lifetime or in your Will. In either instance, you must name a Trustee. This is the person (it may be an entity or organization) who manages the property in the trust, distributes the principal and/or income to the beneficiaries and accounts to them for the Trustee’s actions. Since the job of a Trustee involves things financial, your choice of Trustee should reflect strong organizational and management skills.
An Executor is the person you name in your Will who is “in-charge” of your affairs after your death.
An Executor is the person you name in your Will who is “in-charge” of your affairs after your death. The authority of an agent under a Power of Attorney to act on your behalf ceases at your death, and he or she can no longer access your bank or brokerage accounts or speak with custodians of your private information. It is the named Executor who generally commences the Probate Process to seek the issuance of “Letters Testamentary.” It is these “Letters” (generally evidenced by “Certificates of Letters”) which grant to your Executor the authority to administer your affairs after your death. Not until “Letters” are issued by the Court is anyone authorized to act on your behalf after your death.
A “fiduciary” as a person to whom property or power is entrusted for the benefit of another.
The dictionary defines a “fiduciary” as a person to whom property or power is entrusted for the benefit of another. While our focus in this series will be on the individual fiduciary, it should be noted that a fiduciary may also be an entity, such as a Bank or Trust Company. The fiduciary relationship is based on and is in the nature of trust and confidence.