What is a Trust?

A trust is an alternative way of providing for your care while you are alive, and for the transfer of your assets after you are gone. A trust can be included in your will, but that means that some of the most important advantages will be lost. The better approach, generally, is to create a revocable living trust. This is a document that takes effect while you are alive. It plans for when you are sick and also for after you have passed away. It is “revocable”, which means you can continue to modify it as your life changes. Because a revocable living trust is a creation of contract law, it can be written any way you need it to be written in order to accomplish your goals. In other words, it can give you maximum flexibility, which can be helpful if you have a special situation such as a second family or a need to take care of special people. It also can take care of you while you are alive, as well as after you are gone.

One of the nicest things about a trust is that it can allow you to separate responsibilities so that, for example, the person who is good with children need not also be good with money. The job of guardian and the job of trustee can be separated. Additionally, we can use a trust to take care of all the kids until the youngest is an adult, and then we can use the trust to make sure their inheritance is protected. Of course, another great aspect of a trust is that it avoids the expense and complications of probate. If done right, it all unfolds in private and confidentially in the lawyer's office.

Probate can cost a lot of money and the more disorganized your estate is, the more it is likely to cost. The trust can help you organize everything so it is well planned out. As a result, even though it costs a little more now, ultimately you are saving money and helping the people who will be helping you.

Living Will and Power of Attorney for Health Care

These two documents are the other documents that make up a good Estate Plan. Just as a durable power of attorney give someone you trust the ability to handle your finances if you can't, a power of attorney for health care empowers someone you trust to talk to the doctors taking care of you if you can't. It also relieves your representative of liability for doing his or her best to help you. A Living Will is another important document. It states what you want to happen if you are found to be terminal and there is no hope. This document allows your loved ones to know your wishes so that they do not feel they are making hard decisions for you. Rather, they can know that they are simply doing what you would want them to do. This is something that you do not so much for yourself, but you do it for them.

Guardianship

If you pass away, someone will still need to take care of the kids. The court will appoint a guardian who will report back periodically, to ensure the minor children are properly raised. There is also another kind of guardianship, if a special needs child reaches adulthood (age 18) then parents or someone else needs to take responsibility for their care. Also, if someone reaches an older age and because of alzheimer's or senility, they may not be able to care for themselves. Again someone else must be appointed to look after them. Guardianship confers legal authority on that court appointee. Notice and hearing is required. The court appoints a guardian ad litem --another lawyer -- to represent the "protectee". As an adult, that person has rights that are about to be taken away. The court wants someone neutral to advise it and agree it's a good idea.

Special Needs Trusts

Reference is made to the discussion on trusts above. If you have a child with special needs, it becomes that much more important that money be set aside for that child and that specific provisions be included in your estate plan to make sure the money is used properly for the child's care and to enhance his or her quality of life. It is also essential that those arrangements not interfere with your child's ability to get government assistance. And it is important that all those arrangements be adaptable as your child develops skills or perhaps gains some level of independence. Since a trust continues to "live" long after you -- in contrast to a will and a probate -- it is the best tool for making sure your special needs child is properly cared for throughout his or her lifetime.

Gay Estate Planning

Since Missouri does not recognize Gay marriage, that means that whereas married couples have certain rights that are implied in Missouri, no rights are implied into Gay relationships. But there is an answer. Every person always has the right to write papers conferring rights on any person they choose. This means it is imperative for Gay people to write good papers, empowering their partners to make healthcare decisions for them and to manage their finances for them, just as a spouse would. Note that a trust is usually the best way to accomplish quality estate planning, since it is private and avoids most outside interference.

Pet Estate Planning

No, we will not draft a will for your hamster. (How would he sign it? He can't hold a pen!) but what we can do, is draft good documents to ensure that your beloved pet has a good life after you are gone. We can insert language into your estate plan to set aside a small amount of money to be used for food and vet bills. If you prefer, we can go one better and include trust language that appoints someone to handle the money for your pet's care and use it in the ways you prescribe, and then go on to pay the remainder to the caretaker, to your descendants, or to your favorite pet charity. If you have a pet, don't forget to ask us about these options. The failure to do so can mean the difference between a quality life for your pet and a nightmare. Senior pets are difficult to adopt. Many pets with futures that were left up to chance, have not fared well. Cats are simply released into the wild. Dogs are released by the side of the road. Parrots and other intelligent birds have been locked in the basement or in a closet. Don't let this happen to your pet. Be sure to make a plan.

Traffic Tickets

Everybody gets a ticket now and then. If you simply pay the ticket, that's a guilty plea and that means you've got a black mark on your driving record.

At the Law Offices of David A. Rubin, we can "fix" your ticket online. In Missouri, we are allowed to appear on your behalf, so that you don't have to go to court or be inconvenienced more than you already have been. We can usually talk to the prosecutor and work something out that will keep the violation and points off your record. This is very important for your insurance and credit rating.

Sometimes, people pay the ticket and then are sorry they did, when they find they can't get any insurance or there are other consequences. Sometimes we can even talk to the Court and get the guilty plea "undone". We can also sometimes work out arrangements in Illinois, depending on the jurisdiction.

For more information, please go to our ticket page: www.MissouriTicketLaw.com!