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5 Mistakes to Avoid in your Estate and Financial Planning

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As an attorney who assists clients with Wills, Trusts, Probate, and Powers of Attorney, I see both good ideas and bad ones.  Here are a few of the really bad ones: Misspelling Names - whether it's your Will, Trust, Power of Attorney, Beneficiary, or Payable on Death forms, get the names correct.  Those coming behind you and wrapping up your affairs do not need to be explaining why you called "William" "Bobo".  Whether it's a financial group or a Trustee, matching a name on a document to a person should not be a challenge.  The solution, take a few extra minutes to confirm the names you are listing are the actual legal names of the people you wish to bless. Donating To The Government- You have a poor relative who is receiving Medicaid Long Term Care Services (they are in a state nursing home).  You would like to bless this relative upon your passing, so you list them in your Will, Beneficiary form, etc.  When you pass they now move from being poor, to a hig

Where are you investing your money?

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While discussing Estate Planning, the topic of investments comes up from time to time.   Did you know that there are "Kingdom-oriented" investment funds?  Most of my clients don't. These are funds that allow you to i nvest your money with groups that have matching beliefs and values. Why does this matter? Second Corinthians 6: 14-15 (AMP) says: Do not be unequally bound together with unbelievers [do not make mismatched alliances with them, inconsistent with your faith]. For what partnership can righteousness have with lawlessness? Or what fellowship can light have with darkness? What harmony can there be between Christ and Belial (Satan)? Or what does a believer have in common with an unbeliever?  The funds I'm aware of are Thrivent , Eventide , Guidestone , 2ndVote , and Timothy Plan .  I'm sure there are other similar products, but these are the ones I have found. The beauty of this approach is investing your money in funds that are consistent with your values. 

Retirement Income Thoughts

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  As an Estate Planner and licensed Life and Health Insurance Agent , the topic of retirement income often comes up.  The idea of having a single dollar amount retirement "nest egg" started bothering me.  I couldn't figure out why. Then I realized, looking at retirement funding in a single dollar amount is a bit backward. We spend most of our working lives looking at our month to month and year to year streams of income.  Why do we view retirement any different?  Why do we think we need some massive amount of money out there to feel "secure" when we simply don't.  What we need are "streams of income".   Just like in our working lives, we need streams of income in our retirement years. So, stop stressing out about the overall value of your retirement account.   Figure out what streams of income suit you best.  So, here are some ideas: Rental Property - I'm a huge fan of rental property.  If you are in an area that is not dying, this will alwa

Super Nerdy Long Term Care Coverage Thoughts

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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

Identity

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    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 know what your identity is, go on a journey

Medicaid Planning?

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  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

Simple or Complex Planning

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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?