Do You Have a Will?

A Will is the primary legal document for determining how your assets will be distributed and what would happen to your minor children on your death.  But you can’t just place your Will in a fire safe box and forget about it:  Review and update it regularly to reflect changes in your personal circumstances as well as other events. 

For instance, you might add to or subtract from the list of beneficiaries, possibly because of births of children and grandchildren and marriages or divorces of family members.  Or, you might want to replace the Personal Representative (Executor) you initially named in the Will.  Also, your Will may need to be amended if and when significant tax reforms are passed.

And remember, don’t wait until it’s too last.  You will no longer be able to change your Will if you are suffering from a disability that affects your thinking, such as a stroke or dementia.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

This blog post is not case-specific and is provided only for educational purposes and is not intended to provide specific legal advice. Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

Why Seniors Should Not Share a Joint Bank Account with an Adult Child

Case Study:  85 year old Mom comes to see me because she received a notice from her bank that her entire savings account is frozen.  There is a court judgment against her by VISA credit card.  Mom does not have a Visa account.  Grown-up son does.  Mom put grown-up son on her bank account so he could “take care of her” if she got sick.  What Mom didn’t know is that she made HER money now her son’s money, too.  What Mom also did not know is that son did not pay his Visa credit card.

Beware seniors:  you might think that by putting your child’s name on a bank account (or home) you are saving a trip to the lawyer’s office.  Why do you need a power of attorney or will if your child is already on the account?

As you can see by the illustration above, adding a child to a bank account may expose the parent’s hard earned money to that child’s creditors.

Another reason not to take this short cut, if the child is married, and then gets divorced, YOUR money is his money and is subject to division in the divorce.

Need another reason?  For even the best intentioned child, the temptations of money may be too great.  Maybe they have an alcohol or drug issue?  Maybe they need to pay off debts.  The child may feel that there is no true harm by taking some money “early”.

Think again, Mom.  Keep your money safe. 

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

This blog post is not case-specific and is provided only for educational purposes and is not intended to provide specific legal advice. Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

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Port Orange, FL 32129
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