If you have a loved one who suffers from mental illness, you may wonder how you can continue to provide loving support even after you have passed away. Your estate planning can help. Here are three ways to use estate planning to provide ongoing support for a mentally ill family member.
#1 Appoint the Right Trustee
If you want to leave funds to your family member but want to be sure they are used properly, selecting the right trustee is a must. This honest and caring individual can help to dispense the right funds at the right time and for the right reasons.
#2 A Trust That Covers Treatment
You can set up your trust to cover the expenses of any voluntary treatment your loved one decides to undergo. This can help to ensure that he or she does not forgo needed treatment due to feeling like it is too big of an expense.
#3 Provide Structure
If your loved one deals with things like anxiety, depression, or hoarding tendencies, a large inheritance may feel like more of a burden than a blessing. A well-structured estate plan can remove the uncertainties by only allowing dispensations for particular expenses. This relieves the loved one of the pressure to avoid misusing the funds due to some type of compulsion.
Setting Up a Discretionary Trust in California
If you want to provide ongoing care for a mentally ill loved one using your estate planning, Petrov Law Firm can help. Our compassionate estate planning attorneys can help you to set up a discretionary trust, will offer advice for choosing the right trustee, and can help you legally execute all of your documentation so that your wishes are sure to be carried out. To learn more, call our San Diego office today at 619-344-0360.Read More
Because there are several types of trusts, such as revocable and irrevocable, there is no single answer as to how you can change the trustee of a trust. The trustee is the person in charge of the money. He or she must follow the instruction in the trust and distribute the money according to those instructions. Trusts are generally intended to help families avoid complex probate problems, probate fees, and taxation.
Revocable, living trusts are generally the easiest to adjust. In fact, the grantor, the trustee, and the beneficiary are often the same person. In addition, with these trusts, it is fairly easy to execute a power of attorney to add another trustee to the trust. However, a lawyer will have to draft any changes to the trust to ensure the changes are legal and appropriate.
Irrevocable trusts are more difficult to adjust. If the trustee is alive, he or she must give consent over the change. If the trustee has passed away, then the beneficiaries must agree on a new trustee and amend the original trust.
Changing the trustee of a trust is not an easy task. Generally, you will need to hire a lawyer to ensure that the intent of the original trust remains intact. If there are several beneficiaries trying to access the same assets, a lawyer becomes a necessity.Read More
Trusts are a common way to pass assets along without worrying about probate court and probate costs. Generally, your lawyer will use a trust to legally hold your assets (like your house and your major investment accounts). Every trust has a grantor (also known as a settlor or trustor), a trustee, and (one or more) beneficiaries.
The grantor, settlor, or trustor is the person who created the trust by contributing assets. This person will never change. Even after death, the grantor of the trust remains the same.
The trustee manages the assets. When you create the trust, you can name yourself as the trustee of the trust. At any point, you can change the person who is named as the trustee. As part of your estate plan, you and your lawyer should name a primary and secondary successor. As soon as you become incapacitated or die, the primary trustee will take over administration of the trust.
The beneficiary or beneficiaries of the trust receives the benefits of the assets. Again, you can be the beneficiary of the trust when you create it and while you are alive. You can name as many people as you’d like to be beneficiaries of your trust, and one of these beneficiaries can also be a trustee of the trust.
At any point, you can hold all three positions of a trust you created. Your trust can exist forever and you can structure the trust so that there will always be a trustee to manage the funds for whomever you or the trustee see fit.Read More