If you love pets, it means that you consider them an important part of your family. Pets are categorized as one’s property in most states. Still, there’s a lot that goes into caring for pets, and that care and love should continue even after you are gone. So, how can you ensure that your pets are cared for in your estate plan?
In the same way that a person establishes a trust for their children who have not come of age, you can ensure that your pets are cared for in your estate by establishing a trust for them. Understandably, setting up a trust for your pets is usually a long, complicated, and expensive option. However, it is necessary if you want to leave your pets in good hands and with enough money to pay for their daily expenses throughout their anticipated lifespan.
When establishing a trust for your pet, you should plan to ensure that they will be in good hands when you are no longer around to love and care for them. Given that pets are like children and they tend to accept someone they trust and are familiar with, you must find them the right caretaker.
You can look from within your circle of friends and family and then speak to the persons you consider long before you include their names in the trust document. If the person accepts to be your pet’s caretaker, you should go over your expectations and see that they agree with these expectations. Most importantly, you should ensure you choose a person who has your pet’s best interests at heart.
The final step as you work on plans to ensure that your pet is cared for in your estate plan is to provide for them enough funds. Ensure that the funds can cover the cost of their food, vet visits, and grooming. The goal is not to burden the caretaker by expecting them to pay for the pet’s expenses out of pocket.
If you love your pets and want them taken care of after your passing, you can make plans to have them live comfortably with someone they know and trust. If you are unsure where to start, contact O’Brien Law Firm, LLC, for expert legal guidance today.
If you are unable to repay your debts, you have very limited options other than filing for bankruptcy. Unfortunately, filing for bankruptcy can negatively affect your future credit and loan opportunities. Here are some of the ways that bankruptcy can affect your financial future.
Depending on your situation, bankruptcy has the potential to knock about 200 points off your credit score. If you have an average score of 680, you can lose between 130 and 150 points in bankruptcy. A person with a 780 score can easily lose between 200 and 240 points in bankruptcy. The loss of credit score points can affect your ability to secure loans in the future, especially because lenders consider your credit score before giving you a loan.
Unfortunately, some credit reports can stay on for a longer time, depending on the type of bankruptcy. If you incur a Chapter 7 bankruptcy, it will remain on your report for ten years. A Chapter 13 bankruptcy stays on your record for 7 years. The longer you have that credit report, the longer it will take you to get new credit, as the bankruptcy mark will still be present in your credit report.
Ultimately, you can get out of the red if you work hard toward regaining your financial stability. However, rebuilding your credit score after bankruptcy is a gradual process that requires consistent financial discipline. Still, you can adopt different strategies, such as getting a credit card that has a small limit or getting a credit card that allows you to deposit cash as collateral. You should then use any one of these cards responsibly, paying off the balances each month in full. Paying off your bills and loans on time can rebuild your credit score with time.
Bankruptcy can sometimes be inevitable, especially when you lose your source of income and you have outstanding loans to pay. Filing for bankruptcy is the safest way to get your creditors off your back as you find ways to offset any loan balances. For expert guidance on bankruptcy and debt problems, contact O’Brien Law Firm, LLC, today.
A power of attorney (POA) is a written authorization granting an individual the power to act on your behalf on legal, financial, or health matters if you become incapacitated. The appointee, often called an agent or attorney-in-fact, makes decisions in your best interest if you cannot make them yourself. Arranging a power of attorney in advance has numerous benefits. These include:
A well-written power of attorney outlines all your assets and gives directives on when your attorney-in-fact can access them. The authorized agent manages your property and financial assets as outlined in the document. The POA also clarifies your intent and wishes in advance, helping protect your assets from mismanagement.
Dealing with health emergencies can be hectic, especially if you have a chronic condition. A healthcare power of attorney document can help manage medical emergencies. It outlines critical information, such as your healthcare provider and health records, allowing the authorized agent to make medical decisions on your behalf.
Family conflicts can arise if you don’t have a power of attorney in place. After all, this document outlines which family members have the power to represent you. A POA can help prevent conflicts and court battles involving your loved ones.
A POA can ensure financial security if you empower a trusted expert to manage your financial matters in case of inability or incapacity. The authorized agent will handle your accounts, sign checks, file taxes, and pay bills according to plan, preventing mismanagement.
Without a POA, the court may have to appoint a guardian to manage your assets and make decisions on your behalf. You and your family will not have any control over the court-appointed conservator. You can avoid this situation by setting up a power of attorney in advance.
A POA is essential in legal, financial, and health matters. It empowers your loved ones or trusted individuals to act on your behalf, preventing family conflicts and protracted legal battles. Our experienced attorneys at O’Brien Law Firm in Southaven, MS, can help you create and revise your power of attorney documents to meet your needs. Contact us today for legal assistance.
Filing for bankruptcy can provide temporary financial relief from creditors and open doors for a fresh start. However, you may have to liquidate your assets to pay your debts. The good news is that not all assets qualify for liquidation.
Bankruptcy exemptions safeguard your property during bankruptcy procedures. These federal and state laws allow you to keep essential property so you can stay afloat even when indebted. The legislation protects some of your assets when filing for bankruptcy on the grounds that they are vital for your work and domestic needs. Items like clothing, furniture, and computers are exempt, meaning a bankruptcy trustee cannot claim them to pay your debts.
Chapter 7 bankruptcy is a liquidation bankruptcy option that protects exempt assets from seizure by a bankruptcy trustee or creditor. It prevents creditors from repossessing property or collecting payments for unsecured debts. Under this chapter, a bankruptcy trustee can only collect non-exempt items and sell them to repay creditors. Chapter 7 legally discharges your unsecured debts, giving you a fresh start.
Exempt assets in Chapter 7 bankruptcy include your primary residence, an inexpensive main vehicle, household goods, professional tools, health aids, and everyday items. Other exempt assets include federal benefits, retirement accounts, social security compensation, and life insurance policies.
If you have a regular income but cannot afford to pay your debts, consider filing for this bankruptcy option. Also known as a wage earner’s plan, Chapter 13 bankruptcy allows you to pay your debts over a specified period, typically 3–5 years. The best part is that you keep everything under a court-approved debt repayment plan. All assets automatically become exempt, meaning a bankruptcy trustee or creditor cannot repossess your property. You only need to stick to the plan to maintain your possessions.
Understanding the different bankruptcy options can be overwhelming. Our experienced attorney at O’Brien Law Firm in Southaven, MS, can help you navigate these unchartered waters. Call us today for legal assistance.
When undertaking estate planning, you naturally want your assets to be distributed according to your wishes after your demise. One of the estate planning tools you can use to achieve this is a trust.
Trusts are legal arrangements where the asset holder transfers their assets to a third party called a trustee. The trustee does not take ownership of the assets but manages them on behalf of the designated beneficiaries. The most common types are revocable trusts and irrevocable trusts.
What Are Revocable Trusts?
A revocable trust allows the grantor to retain control over the assets in the trust. In this arrangement, the grantor can add, remove, or modify assets and beneficiaries at will. They may or may not consult the trustees while doing so.
Generally, assets under revocable trusts do not undergo the probate process when the grantor passes away. This saves the beneficiaries time and money. Regarding taxation, revocable trusts are considered part of the trustor’s estate. As such, they have to pay income taxes on the trust’s earnings. Another downside is that they are not shielded from creditors if the grantor has debts.
What Are Irrevocable Trusts?
Irrevocable trusts are a type of trust agreement that can only be modified with beneficiary or court approval. The assets in an irrevocable trust are not considered property of the grantor. Ownership lies with the trust itself, which in turn serves for the benefit of the designated beneficiaries.
Due to their ownership structure, irrevocable trusts are typically used when grantors want to reduce their estate taxes. They also protect the trust’s assets from creditors. Further, the trust’s assets can’t be attached in any lawsuits touching the grantor, as they are not considered the grantor’s property.
Get Informed Advice
Personal goals differ, and the above types of trust can be ideal for different people. Our team of estate planning and probate attorneys can help you determine the right trust for you and assist you in setting it up. Call O’Brien Law Firm in Southaven, MS, today to learn more about our services.
