Living Will Case Study

Superior Essays
Wills
Ellen and Stu have a proper will in place. We recommend that you let us take a look at the will to ensure that in its current state that it will satisfy all your goals. It is important that your will reflects your wishes and fits best in your current financial situation.
We recommend that John and Beverly draft a will as soon as possible. We will help facilitate the process. It is important now to draft a will since you are expecting another child. We recommend that you begin this process as soon as possible. We understand that it is a difficult subject to think about but we also believe that it will help ease your mind.
Power of Attorney
Ellen and Stu also have the proper documents for a power of attorney in place. We recommend you
…show more content…
Having a living will is an important aspect of estate planning. For John and Beverly we recommend that you draft a living will. A living will is a great way to ease the family’s obligations when a loved one gets into a serious accident. For example, a living will can provide a guideline for what decisions should be made in the case of incapacitation. You could appoint someone to make life sustaining decisions on your behalf in the event you become incapacitated. It could also include do not resuscitate orders. These orders would provide guidelines for certain scenarios in which you would like to take the decision to resuscitate off the minds of your loved …show more content…
Without proper titling and naming of beneficiary could cause inclusion in the probate estate, which in turn could prolong the turnover of assets and increase the cost of probate by a great amount. To avoid personal residence’s being included in the probate estate and directly transfer to the surviving spouse, we recommend that each couple title their home owned tenancy by the entirety. Separately; for retirement accounts, checking accounts, and trusts it is important to name a valid beneficiary to make sure that these accounts and trusts avoid having to go through probate to gain titling. Therefore, we want you to make sure valid beneficiaries are named on these items and update them when needed.
ILIT (Irrevocable Life insurance trust)
We recommend Ellen and Stu set up an ILIT, an irrevocable life insurance trust, for the benefit of each spouse. Irrevocable life insurance trust allows a life insurance policy to be held and owned by the trust. The life insurance policy being owned by the trust is important for gross estate purposes. Being held in an ILIT allows the death benefit to be excluded from the gross estate, meaning it will not be subject to estate tax. Since it is excluded from the gross estate, the ILIT is a useful tool to replace money consumed by estate tax, funeral expenses, administration cost, and last medical expenses.
Life Insurance

Related Documents

  • Superior Essays

    With enough research and the aid of professionals who specialize in trust planning, one is able to find a trust that best fits individual and benefactor’s needs. The main points to remember between all of the listed types of trusts are the way the trusts are taxed, who the trusts are taxed to, when they are taxed and in whether they are able to be revised. Although these are not the only conditions to consider, it is a good starting point in order to have an effective and efficient plan to preserves assets and create a…

    • 1308 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    I. QUESTION PRESENTED Should Mr. Dutton designate his spouse or the Paul Dutton 2013 Trust as the designated beneficiary of his retirement plan? II. SHORT ANSWER Mr. Dutton should designate his spouse as the sole beneficiary of his retirement plan because this will provide the maximum amount of income tax deferral and flexibility in distribution but lead to no additional restrictions on the use of the funds. This will also avoid the high income tax rate imposed on trust. III.…

    • 772 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    • The trust process carries out the final wishes of the deceased. • It may also eliminate the need for lengthy family disputes involving court actions. • Calabasas trust administration attorney will also assist on minimizing gift or estate taxes. Trusts focus on specific assets like life insurance or real estate property.…

    • 612 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    Dower Act Case Study

    • 206 Words
    • 1 Pages

    In my opinion, it is a good idea to have this in place for the protection of the spouse in the event of death. For example, if there…

    • 206 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Family Issue Solved, Thanks to a Temecula Probate Lawyer This has been a hard year for me and my household. My 86-year-old mother passed away after investing practically a years fighting the cancer of the lungs. Our minds have been too focused at seeking brand-new and alternative medicine that can assist lengthen her life expectancy; my bro and I have never ever even thought about what would happen to our Mom's homes in the event that, you understand, she carries on to the next life. When our worst worry has actually occurred, and our mom has been buried, we went to load away her clothes, souvenirs, old picture albums, and other belongings from the room.…

    • 557 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    Medford Case

    • 663 Words
    • 3 Pages

    Having our attorney by your side could help make the process clear. Our goal is for you to understand how the law affects your case so you can make better decisions. We work on cases concerning: • Bankruptcy • Family disputes • Criminal charges • Estate planning If a family member has been charged with a crime, we may be able to answer the many questions you have. We can also help you make a will or we can look out for your interests if you need to dissolve your…

    • 663 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    The main purpose of a will is to ensure that the testators wishes are to be followed upon death. Durable power of attorney, is a legal document that gives someone you choose the power to act in your place in case you ever become mentally incapacitated, you’ll need what are known as durable power of attorney for medical care and finances. Healthcare power of attorney, directive names someone that you trust to act as your agent if you are unable to speak for yourself.…

    • 260 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    LPA002 Application

    • 670 Words
    • 3 Pages

    LPA002 - Application To Register A Lasting Power Of Attorney LPA002, Application to Register Lasting Power of Attorney facilitates the legal appointment of attorney/s by a donor to act on behalf of the donor upon the mental instability of the donor. This form is in accordance with the Mental Capacity Act 2005. Submit duly completed form LPA002 to the Office of the Public Guardian; PO Box 16185; Birmingham, B2 2WH. Filing the form attracts fees payable in various modes.…

    • 670 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    I have to make sure that a professional will is made once I start a clientele, so my clients won’t feel abandon if an unfortunate event…

    • 1315 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    At this point and time, it is best to give Roger any and everything he want to satisfy his needs. As stated in the will, that was developed and updated 25 years ago, Roger wanted to receive life-saving treatments. In regard to his current accident (paralyzed and not being able to eat, breathe, or talk), he does not want to proceed with the life-saving treatment. According to the North Carolina law, a will can be changed verbally by a person who is very sick or on their death bed with two witnesses present during the action, which is consisted a nuncupative will (31-3.5.) However, a nuncupative will is based on changing personal and property items.…

    • 896 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The discussion of the challenges and benefits of DNR, living will and durable power of attorney as concerning individuals, family members, and medical professionals have many views. “The letters DNR standing for Do Not Resuscitate, DNR signifies that rather than administering any and every procedure that might possibly keep a patient alive, not extraordinary means are to be taken. ”(Feldman, 2014, pp 608). The living will is a legal document that designates the medical treatments a person does or does not want if the person cannot express his or her wishes”(Feldman, 2014, pp 609). The Durable power of attorney is the person that you select to know your medical wishes and to follow through with them in the event that you are not able…

    • 1270 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Advanced Care Planning

    • 552 Words
    • 3 Pages

    A living will is a necessary document which states my decision regarding whether to withhold or withdraw life sustaining treatment (Centers for Disease Control and Prevention, 2016). To further assist me with planning I will need a durable power of attorney. This document appoints an individual which I have chosen, to make decisions for me if I lose the ability to make decisions for myself (Centers for Disease Control and Prevention, 2016). Resources that are helpful regarding advanced care planning include Centers for Disease Control and Prevention, New York State Department of Health, The National Institute on Aging, various websites regarding advanced planning, speaking to the funeral parlor regarding burial arrangements and speaking with my pastor.…

    • 552 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Bedridden and in the hospital because of his advanced, incurable lung cancer, Ralph, age 57 wants to discuss his options with his family. After much disagreement, Ralph comes to the conclusion that he is ready to end his despair and stop his suffering. Ralph, like thousands of other terminally ill patients, should have the option to choose death with the use of physician assisted suicide because the patient should be entitled to choose what happens to them, they should be relieved from suffering if that is what they wish, and because more than likely their chances of survival are slim. Physicianassisted suicide is legal in four U.S states: Oregon, Washington, Montana, and Vermont.…

    • 780 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Living Will Essay

    • 1410 Words
    • 6 Pages

    A person can never really know whether or not they are making the right decision, they can only hope that whatever the choose over bared their possible suffering. Brain dead or in a coma on life support of any kind with little to no hope of recovery. Now choosing to let that person remain in this state or euthanizing it. Why burden your family with that decision when you can make if for them ahead of time. The self-proclaim decision is called a living will.…

    • 1410 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    Ethical principles are not laws, but guiding principles about what is good and what is bad, that should direct doctors and other health care professionals in their work and decision making. Issues arising over end-of-life care involving decisions that affect the nature and timing of an individual's death raise difficult ethical conflicts for all concerned and can be a source of discord between health professionals within a team, health professionals and family members, or between different family members. Ethical dilemmas arise when there is a perceived conflicting duty to the patient, such as a conflict between a duty to preserve life and a duty to act in a patient's best interests, or when an ethical principle such as respect for autonomy conflicts with a duty not to…

    • 3174 Words
    • 13 Pages
    Great Essays

Related Topics