Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 More information at www.njlaws.com/

Friday, November 14, 2014

Estate Planning to Protect Kids



GOT KIDS? ESTATE PLANNING IS RECOMMENDED
If you have minor children and do not have a will, one author wrote you are doing them a great disservice bordering on child neglect. If you do not name a guardian for your minor children think of the worst relative you have and thats who will get the kids. Makes you shudder, doesnt it?
Weve finished the graduation season and kids have started college. Do you have a recent high school grad? Is your son or daughter over 18 and heading off to college? Did you remember that your child is now an adult and your control over them is limited? For example, if your daughter becomes ill while at school and is admitted to the hospital or student health center, you are NOT legally entitled to know about it-or about her condition; even if you are paying for everything.
So, heres the plan. Have your college son or daughter prepare a HIPAA authorization form. This allows your child to name the parents as the persons to discuss health care matters with medical personnel. Without it, you cannot legally learn anything. Its something that most parents never think about.
It may also be prudent for your child to execute the basic documents listed above, including the Durable Power or Attorney and Advance Directives. Once a child turns 18, your legal connection is irrevocably changed.
REAL ESTATE
Do you own real estate? How is it titled? Is it a survivorship deed? Have you considered a transfer on death deed? Some states permit those and they work very well. Do you have a second home? Is it outside your home state? What are the laws in that state regarding the inheritance of property? Schedule an appointment with your attorney.