LIVE WELL and BE REMEMBERED as the HERO you already are.

  For the sake of clarity, the term "Estate Planning" applies everything from Wills and Powers of Attorney to elaborate Trusts.  "Do's": Update your documents more than once a decade.   That's right.   I recently saw a Will that was fifty (50) years old!   Fortunately, some of the folks listed in it were still alive. If your documents pre-date cell phones, update them! Read your documents.   Even if an attorney drafted the documents, read them. Make sure you understand the documents. Recently I saw a document where  the attorney did not change the name on the document from one (1) of his/her previous clients.   That document was invalid. You need to make sure the words on the page are what they need to be.  Love yourself and your family enough to have the documents.   Those who love their families  make difficult times easier  with documents that prevent the family from having to get court ord...

I'm currently reading (listening to) Finish, Give Yourself the Gift of Done by Jon Acuff.  Stacey Brown Randall recommended it.  (That's Stacey with an "e".)  It is such a great book. So often, our Perfectionism is the enemy to our achieving our goals.  For example, I have been trying to blog for a while now.  Everything has gotten in the way.  So often, if I can't get it perfect, I don't even take a step toward getting it done. How often does that happen to you?  How many more goals could you finish if you just started?  How successful would you be if you just took a step? I remember the day when someone in my family said "You see, we are Perfectionists."  It was explained to me like it was a good thing.  Now I know it's simply the enemy to progress.  In that same period in my life, I can remember trying to play baseball.  I remember standing over home plate and trying to make the perfect swing at the perfect pitch.  Wha...

  Let that title sink in a moment.   " Double Asset Protection" What I don't understand is why every Fraternal Insurance Company is not screaming this from all their advertising outlets. Your thinking: "The Insurance Nerd has really lost his mind this time." Well, maybe, but not on this point. Tennessee Code Annotated 56-7-203 states: The net amount payable under any policy of life insurance or under any annuity contract upon the life of any person made for the benefit of, or assigned to, the spouse and/or children, or dependent relatives of the persons, shall be exempt from all claim s of the creditors of the person arising out of or based upon any obligation created after January 1, 1932, whether or not the right to change the named beneficiary is reserved by or permitted to that person.  Emphasis Added That's the first layer.   So, any money in any permanent life insurance or annuity contract "upon the  life of any person made for the benefit o...

FREE Call-in Clinic  “Aging Well with Law & Insurance” When:    Saturday, July 10th from 10:00 am to noon Central. Where: (615) 497-0763 Who:    Tennessee residents only What: Free, one-on-one consult over the phone.   Speak with a licensed Tennessee attorney and insurance professional on: Annuities Asset Protection Charitable Giving Medicare Supplements Powers of Attorney Probate Life Insurance Trusts Long Term Care Wills Other?

Do you have your own business?  It's great, isn't it?  Making all those decisions.  Having to buy the staples and copier.  And your delightful relationship with your silent partner, the IRS. Once all the euphoria of the above has passed, what's your succession plan?   How's the business going to pass along to other generations?  If you drop dead or are disabled, will your family have to clean up the mess?  If you are in a business with others, what's the succession look like? Most business succession plans include some sort of buy-out .  Normally, no one really thinks about this after the initial attorney drafts it.  How would you fund the buy-out?  Are you going to sell business assets?  Are you going to run a business with someone's widow, child, or girlfriend?  Or, is their life insurance on the business owners to fund it? Have I blogged on this before?  Yes .  Does it bear repeating? Yes . If you are in a small bu...

I know I'm a bit of an insurance nerd, but Long Term Care (LTC) insurance coverage simply fascinates me.  For many people, it's the bridge, in their final years, between health insurance (often Medicare) and life insurance. There are many fascinating variations of LTC, but the ones that interests me the most are those that are participating in the LTC Partnership program (Qualified State Long Term Care Partnership Program). What's that mean?  That means that the policy has met certain criteria, so that when the policyholder passes away AND Medicaid (in my case, Tenncare) has a recovery interest in their estate, then the estate gets credit, due to the LTC policy, to offset any recovery efforts by Medicaid. (This means there's a better chance of the kids getting granny's old house.) What does this benefit the policyholder? They have more control over where they spend their final years, as opposed to having Medicaid dictate where they reside. And, their estate gets a...

    The first chapter of the New Testament book of John is interesting .   The chapter starts out with John describing who Jesus is . John tells us the true identity of Jesus.   The chapter then transitions and ends with Jesus telling us who his earliest followers were.  Specifically, He even changing the name of one of his followers from Simon to Peter, which meant "Rock", so that Peter's earthly name better suited his Heavenly identity. Jesus is still doing this today.   He continues to proclaim our identity over us .  I believe this identity is tied to our natural gifts.  Those are the things that we are naturally gifted to do and enjoy. All too often the World around us is the one trying to tell us who we are or who we ought to be.    It is constantly urging us to be someone we are not. Jesus rejoices in who we actually are. I encourage you today to embrace your God-given Identity and natural talents.  If you don't...

  In my Estate Planning, the topic of "planning for Medicaid" often comes up. I don't know why we, in the U.S., have gotten so oriented toward thinking we'll need "Medicaid" when we are one of the richest countries in the world.   I believe that planning for Medicaid is akin to planning for FAILURE. Why do I believe this?   As a teen, I worked in Nursing Homes and Assisted Living Centers. The staff always knew which beds were "Medicaid Beds". Those beds were always limited. Did they receive essentially the same care? Sure, but it was still known that the spot was "Medicaid".   Medicaid has limited options. Medicaid is subject to change at lawmakers' whims. Medicaid is designed for the truly poor. Why would triggering Medicaid be your goal?  Have you ever been in a Medicaid predominant  (only) facility and liked it?  Would you want to live that way?   I prefer to see people have more options as they age. I prefer to see people take mor...

The Probate process in Tennessee is quite simple.  COVID has made it even simpler with electronic filing and no appearance dockets.  "Death Taxes" and that sort of thing are really not much of an issue either for the average person. For most individuals, or couples, I encounter, complex planning is really unnecessary.  For those with vast, multi million dollar estates, more complex planning makes sense.  But for the average individual, it jut doesn't. A Will, a Durable Power of Attorney for Healthcare, a Living Will, a Durable Power of Attorney for Financial matters often do the trick.  If you have minor children, I also recommend a Durable Power of Attorney for Childcare.  These documents will cover the vast majority of what the average individual needs.  What are your thoughts?

Divorce is ALWAYS hard.  I don't enjoy divorce law.  However, I enjoy helping people find peace .  One of my favorite scriptures on this is I Corinthians 7:15 TPT: But if the unbelieving spouse wants a divorce, then let it be so. In this situation the believing spouse is not bound to the marriage , for God has called us to live in peace. Too often the religious mindset would try to keep the marriage Paul is referencing together.  That's not what he is saying.  His emphasis is not on staying together simply to stay together.  He says " live in peace ."  His emphasis is peace . Too often people beat themselves up over having to let a spouse go, when it's necessary.  If the spouse has moved out, is hooked on porn, alcohol or drugs, guess what, they, typically want something other than the marriage.  Even a person's spending compulsions can be an addiction and an issue. Do you try to salvage the marriage? Absolutely .  Unfortunately, the ev...

  Are you concerned for yourself or a loved one aging?   A fantastic resource is from an unlikely source, the Centers for Disease Control (CDC).  STEADI (Stopping Elderly Accidents, Deaths & Injuries) has many resources worth your time.  The page I like the best is here .  Whether you are planning for yourself or a loved one, it is always easier to take a few steps toward the future than to play "catch up".  

The toxic people in our lives are ALWAYS difficult to deal with.  While we are exposed to these people in every facet of our lives, encountering those in our families is often the hardest. Toxic people are ABUSIVE.  Often, emotional abuse can be MORE damaging to us than physical abuse .  This is easy to excuse away and even blame ourselves for it.  Unfortunately, if we are going to live a joyous life, we have to make the hard decision to deal with them. I seem to find myself giving the same advice over and over again to people dealing with the toxicity in their lives.  Here goes: Work on your own "stuff".   I am a big fan of personal growth.  We all have issues to work through.  It's simply unfair to address the toxic person's issues, when you are not addressing yours.   Get a good counselor .   Regardless of what happens, you need a counselor to aid you through this.   Read helpful books.   Two of my favorites in thi...

As both an #Attorney and an #Insurance Professional, weird scenarios go through my head from time to time.  Here's one. I have dealt with many #grandparents in my practice.  Most of them are great and beneficial to the lives of the grandchildren.  Some are not.  I've dealt with both sides of the issue. I seem to be having more and more issues lately with emotionally #toxic #grandparents, especially in the realm of #Juvenile and #Family #Law.  This applies to both #custody and #visitation. So, here's one of the thoughts bouncing around in my head:  If a married couple is trying to protect their minor children from the influences of a toxic grandparent(s), they need the following: Mirroring #Wills nominating a safe person to raise the child/ren should they both pass away.   The nominated person needs to agree (not necessarily on paper) and be aware of the situation with the toxic grandparent(s).  This person is known as a #Guardian. A Durable Power...

Thanks to Free-Photos I've spent a lot of time in Juvenile Court representing #children who did not know their #fathers.  I've had cases where #dads were given every chance to step up and be the father their children needed, and simply failed to do so. Therefore, I enjoy it when I find myself representing a father, who really wants to be a father and has taken, or is willing to take, the right steps to have a healthy relationship with his #child or children. Children need both of their parents.  It's ingrained in them from birth.  I have seen too many times where a child has had a very hard time getting through their childhood without having some sort of relationship with both #parents. Dads have a right to be a dad.  Mothers have a right to be a mother.  It is my experience that a child needs both. Dads who want to be Dads are a joy to have "in the picture."