Check out the latest edition of our newsletter!
The Cary Connection DECEMBER 2024
Cary • Raleigh • Wake • Forest • Chapel Hill
Is Guardianship the Right Choice? HERE’S HOW TO FIND OUT
The holiday season is in full swing, and as stressful and hectic as this time of the year can be, it’s also filled with more quality time with the ones you love. I know estate planning isn’t an exciting conversation topic, but you may find family gatherings are the perfect time for discussing these matters. It may be imperative for some families to consider one topic in particular: guardianships. Slated for Dec. 3, the International Day of Persons with Disabilities reminds us of the importance of advocating for the rights of people with disabilities and the ways in which our world impacts their lives. At Cary Estate Planning, our team is dedicated to advocating for those with disabilities, providing them and their families with resources and opportunities to grow and thrive. Some persons with disabilities may be able to live independently, while others need more support and care. There’s no one-size-fits-all description of people with disabilities; their abilities and needs vary greatly, no matter the disability. For some people with disabilities, the best way to receive the support or help they need is through guardianship. However, knowing when a guardianship (or an alternative legal solution) is right and how to go about it doesn’t have a simple answer. This holiday season, as you gather with your loved ones, consider discussing your options for guardianships to support your disabled family members. It’s critical to understand the realities and avoid believing the myths about guardianships. The truth is that when deployed correctly and earnestly, guardianships can be a loving, beneficial option for both those with disabilities and their families. What is a guardianship? After all the Britney Spears headlines from a few summers ago, it’s natural that people are jumpy around the word guardianship. (For clarity, she was under a conservatorship, which is generally only used for financial decision-making purposes.) However, guardianships come in different forms, and they are not the only legal option to protect and support a loved one with a disability. For example, a guardian of the person can make housing, medical, education, and social services-based decisions for a person under their care. In contrast, a guardian of the estate handles more financial-based decisions. A general guardianship is a melding of the two.
Scan this code with your smartphone to visit our website!
Who qualifies? It’s important to remember that many adults with disabilities are very capable of making their own decisions. North Carolina courts consider a person’s capacity for doing so, and to do that, they try to answer three questions: 1. Are there mental or physical barriers that make it difficult for this person to make a decision? 2. Can the person understand and explain what they need or want? 3. Are there other options? Explore the other options. Guardianship may not be the right answer for a family or a person with disabilities. Different protections include power of attorney and supported decision-making, which allows a disabled person to make their own decisions by providing them with the support and information needed to do so. Guardianship may be the intervention your family and disabled loved one needs to thrive. But other options may also fit your family’s needs. At Cary Estate Planning, we want to help your family decide what’s best for you. After talking to your family this holiday season,
call our team. We can review your options and weigh these against your loved one’s needs and wants. Together, we can help ensure your loved one is living the life they deserve.
Happy Holidays!
-Paul Yokabitus
CaryEstatePlanning.com • 1
7 ESTATE PLANNING ANSWERS EVERYONE NEEDS TO KNOW Clear Answers to Common Questions
When it comes to estate planning, endless questions seem to have countless different answers. Before a migraine emerges, let’s cover the top seven most commonly asked estate planning questions to settle the score. Don’t worry; even the most legal jargon-averse can appreciate this quick guide! 1. Can I put a rental property inside a trust? Yes, and it’s a great idea! Placing your rental property in a trust protects it from going through probate and keeps things running smoothly for your beneficiaries. It can provide them with a steady income stream without the hassles of court proceedings. 2. Can I prevent my spouse from giving my assets to a new partner if they remarry? Absolutely! To safeguard your assets, you can set up a specific type of trust to prevent this, like a Family Wealth Trust. This ensures your assets are used as intended, even if your surviving spouse remarries. Clear documentation and legal guidance are crucial here to ensure everyone understands the stipulations you want. 3. Should I put my kids on the deed to my house? No, this can lead to unexpected complications, such as tax issues or financial vulnerabilities (like your child’s creditors claiming a stake). Instead, consider using a trust. It’s a safer mechanism that allows you to control how and when your house passes to heirs without exposing it to risks.
4. What happens to my kids if I die without an estate plan? Without an estate plan, the state takes over, and a judge decides who will care for your children without your input. You must create a will or set up a guardianship to ensure your children are cared for according to your wishes, not the court’s. 5. If my home has a mortgage, can I still put it into a trust? Yes, you can! Moving a mortgaged home into a trust is common and doesn’t interfere with your mortgage terms. This approach helps facilitate a smoother transfer to your heirs without probate. 6. How often should I update my estate plan? It’s wise to review your estate plan every 3–5 years or after any significant life event, such as a marriage, divorce, the birth of a child, or significant financial change. This ensures your plan remains aligned with your current circumstances and wishes. 7. What’s the difference between a will and a trust? A will sets out your wishes for after you die and goes through probate, which can be a lengthy public process. A trust, however, takes effect immediately upon creation, offers more privacy, and bypasses probate, allowing for a quicker transfer of assets. Armed with these answers, you’re better equipped to make informed decisions about your estate. Remember, the best approach often involves consulting with an estate planning attorney to tailor a plan that fits your needs and gives you peace of mind.
“Remember, the best approach often involves consulting with an estate planning attorney to tailor a plan that fits your needs and gives you peace of mind.”
2 • 919-726-0896
The Fascinating Tale of the Pig-Faced Lady A Legend Worth Its Weight in Bacon
TAKE A BREAK
CARDINAL COCOA FROSTY GARLAND GENEROSITY MENORAH MITTENS PEPPERMINT PINECONES SNUGGLE UNITY YULE
Ready for a tale that really brings home the bacon? Legends dating back to the 1700s tell the story of women who were a mix of beauty and beast — pig-faced ladies! Myths about noblewomen with hog heads lasted in France, Holland, and Britain for hundreds of years. These glamorous piglets were said to roam the city streets, take carriage rides through town, and show up at fancy parties or homes to beg for money. Let’s ham it up royally and take a porky peek at the pig-faced ladies Londoners talked about for centuries. One of the earliest tales starring a woman with a boarish face was in the 17th century. A pregnant Dutch housewife reportedly had a visit from a mysterious poor woman begging for money for her children. The housewife turned her away, and the cast-off beggar cursed her unborn child to be born with a pig’s face. Stories that followed had similar themes of women cursed to look like pigs. Our swine superstar was launched into legendary status in the summer of 1815 when Londoners were celebrating the recent victory of Britain over Napoleon and France. As people packed the streets, a horse-drawn carriage caught their attention. The passenger was none other than the pig-faced lady. Rumors and interest around the event spread, and London’s growing newspaper industry took the story and ran with it.
CHICKEN CAPRESE SALAD Inspired by EatingWell.com
In the following years, the masses sought proof of these pig-faced women. One woman put out an ad in the paper offering to provide care for a woman with the affliction. Another paper ran a request from a man with a marriage proposal for the elusive “baconess.” The famous author Charles Dickens even referred to her in a book he wrote in 1861. Chances are that people born with physical
Ingredients
• 1/3 cup balsamic vinegar • 2 tbsp extra-virgin olive oil • 2 tsp Dijon mustard • 1 tsp ground pepper • 2 1/2 tsp honey • 3/4 tsp salt, divided • 1/2 tsp Italian seasoning • 1/2 tsp garlic powder
• 2 (8-oz) boneless, skinless chicken breasts, sliced • 8 cups coarsely chopped romaine lettuce • 1 lb grape tomatoes, halved • 1 (8-oz) container fresh small mozzarella cheese balls in water, drained • 1 cup fresh basil leaves
Directions 1. Whisk vinegar, olive oil, mustard, and pepper in a medium bowl. Transfer 6 tbsp of mixture to a smaller bowl and whisk in honey; set aside. 2. To mixture in the medium bowl, add 1/2 tsp salt, Italian seasoning, and garlic powder. Add chicken; toss to coat. Marinate for 30 minutes. 3. Coat a grill pan with oil. Over medium heat, add chicken and cook until grill marks appear on each side, about 5–7 minutes. Transfer to a plate; let stand for 5 minutes. 4. Arrange romaine, tomatoes, mozzarella, and basil on a large platter; sprinkle with salt. Top with the sliced chicken and drizzle with the honey mixture.
disabilities inspired the pig-faced lady story and reflected the sad way society treated them. The pig-faced lady likely represented London’s biggest anxieties, like class tensions and women’s limited roles. So, whether she was the embodiment of society’s fears or just a bit of hogwash, the tale of the pig-faced lady shows how the wildest legends can hog the spotlight for centuries.
CaryEstatePlanning.com • 3
PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
PLANNING, NOT PAPERWORK.
Cary • Raleigh • Wake • Forest • Chapel Hill 1255 Crescent Green, Suite 200, Cary, NC 27518 919-726-0896 • www.caryestateplanning.com
Inside This Issue
1
Should Your Family Consider Guardianship?
2
Top Questions About Estate Planning Demystified
Chicken Caprese Salad
3
Porky Myths and High Society
The Best Way to Update Your Will Without Confusion
4
A SIMPLE GUIDE FOR PEACE OF MIND How to Ensure Your Will Reflects Your Current Wishes
Whether getting divorced or welcoming a new child, you may need to change or revoke your will to reflect any life changes. Why? Because significant changes can affect how your assets are handled. Common reasons for adjusting a will include marriage, divorce, new family members, financial changes, buying or selling property, or appointing a new guardian for a minor. So, how do you change a will? In the past, people added a codicil, an amendment to the original document. However, codicils can create confusion and legal disputes. They require signatures and witnesses, just like a will, which can make them more of a hassle than they’re worth. A simpler approach is to create a new will entirely. This new document should clearly state that it revokes all previous versions, including any codicils, ensuring your latest wishes are honored without question.
Creating a new will is generally no more complex or costly than adding a codicil and provides a clearer legal foundation. Sometimes, you may need to revoke your will but are not ready to make a new one, but simply destroying the current will might not be enough. If other copies of the will exist, a probate court might still consider those copies valid. Revoking a will is essentially canceling it. Once a will is properly revoked, it no longer exists legally. If you’re considering revoking your will, it’s essential to do so through legal means to ensure your intentions are clear. Only the person who created the will, known as the testator, can revoke it. Once the testator dies, the will becomes legally binding and cannot be changed or revoked.
relocations, ensuring your will accurately reflects your wishes is crucial to avoid future confusion and legal complications. If you are unsure how to proceed or have concerns, consulting with an experienced estate planning attorney can provide peace of mind and help safeguard your legacy.
Whether you need to account for new family dynamics, financial shifts, or
4 • 919-726-0896
Published by Newsletter Pro • www.newsletterpro.com
Page 1 Page 2 Page 3 Page 4Made with FlippingBook Ebook Creator