Author Archives: Andre O. McDonald
Proper Estate Planning Reduces Probate Issues
Probate is a legal process that happens after someone dies. While probate can be complex, lengthy, and expensive, proper estate planning can mitigate unwanted risks and probate issues by anticipating what might happen and preventing problems before they arise. Sound estate planning can make the probate process run efficiently and smoothly, protecting your estate’s… Read More »
Want to Leave Your Retirement Account to Your Minor Child? Consider These Things First
Your retirement account may be one of the most valuable things you own. Many people consider naming their children as the beneficiaries of these accounts because they think it is a way of easily transferring their wealth if something happens to them. However, there are some factors that make this type of transfer more… Read More »
What Is the Effect of an Unrecorded Deed?
A deed is a legal document used to transfer real property ownership rights from one person or entity (the grantor) to another (the grantee). In many cases, this transfer occurs due to the property being sold, with the seller transferring the property to the buyer. Typically, a deed is recorded with the local county… Read More »
Taxes and Special Needs Trusts
Families who care for a loved one with special needs or a disability will often create and fund a special needs trust. It can provide peace of mind to improve a family member’s future quality of life without jeopardizing their eligibility for government benefits. However, families must also consider the tax implications of special… Read More »
Legal Options for People with Special Needs (and the Families Who Support Them)
The Americans with Disabilities Act (ADA) provides support and empowerment to people with special needs and disabilities. More options for individuals and families who support them to live as independently as possible are available. Multiple options are available to create and amend legal frameworks to best serve persons with special needs. Requirements continue to… Read More »
A Comparison of Special Needs Trusts and ABLE Accounts
A special needs trust (SNT) and an Achieving a Better Life Experience account (ABLE) provide a tax-free way to save money for people with disabilities. Both options provide a mechanism for saving money and protecting resources that ensures the person with a disability (PWD) continues their eligibility for public benefits programs. Accumulating resources for… Read More »
Choosing a Special Needs Trustee
When creating a special needs trust (SNT) for a loved one with a disability, the grantor (the individual creating and funding the trust) typically becomes the trustee. However, it is crucial to choose a successor trustee who will continue properly managing the SNT to benefit the special needs individual. When selecting a reliable, honest,… Read More »
Legal Perils of Gift and Joint Ownership between Unmarried Couples
Cohabitation without marriage is becoming more common in the United States. Among eighteen- to forty-four-year-olds, the percentage of adults who have lived with an unmarried partner at some point is now higher than the percentage of adults who have been married. When you live with a romantic partner, it may feel as though you… Read More »
Estate Planning and Divorce: Key Considerations
Getting a divorce is seldom an easy process. It is emotional and stressful. There are many factors to consider that may also change over time. For younger couples, children are likely a top concern. For older couples, a long-term home, inherited assets, retirement plans, trusts, and estate plans may be significant concerns. If you… Read More »
Medicaid-Compliant Annuity (MCA) for Married Couples
An annuity is a financial product that pays a fixed amount of money every year, generally for the rest of the annuity owner’s life. Most annuities are deferred, meaning the payout doesn’t occur until a later date. However, you can receive immediate payouts if you purchase a Medicaid-Compliant Annuity (MCA). When you buy a… Read More »
