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Articles

2015: Getting Your Affairs in Order

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2015 is quickly approaching and making a New Years Resolution to get your affairs in order couldn’t come at a better time. It’s important that your family has the proper authority to take care of your affairs, should anything happen to you by way of illness or otherwise. Where to Start It may seem like [...]

Introducing the Medicaid Asset Protection Trust

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Here’s a problem that many of my clients face at Morton Elder Law. They have an asset worth a fair amount of money, but they don’t have a lot of liquid cash available. As they get older, their health starts to incur more expenses, and they’re forced to confront some tough decisions if they want [...]

Did You Know You Can Create a Trust for Yourself?

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Thanks to the Mississippi Qualified Disposition in Trust Law, you are actually able to create a trust for yourself that is protected from the claims of your creditors. Specifically, rather than merely being the beneficiary of a trust that someone else created (such as a parent), you can actually establish it on your own. It’s [...]

The Better Way to Receive an Inheritance

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Which scenario sounds better to you? In the first scenario, you receive an inheritance outright, resulting in money that can be snatched away from you through the following and more: Tax liens Divorce Creditor claims In the second scenario, you receive an inheritance through a trust and are named as both the trustee and a [...]

A Little Trust for Your Furry Friends

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Ordinarily, when you think of setting up a trust for your heirs to inherit your assets, you probably are thinking of human beneficiaries. Well, times have changed. As of July 1, 2014, it’s actually possible to designate pets as beneficiaries! This is based on the passage of the new Mississippi Uniform Trust Code--specifically, Section 91-8-408. [...]

Conservatorship Down

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We looked at an interesting contrast between two estates last week. This week, I want to touch on the use of the conservatorship, another tool in the estate planning toolbox. Here’s the situation. A woman’s husband was medically incompetent with dementia and terminally ill, but had $16,000 in the bank. His children materialized out of [...]

A Tale of Two Estates

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Here’s the story of two estates that looked virtually the same on paper as they crossed my desk. Each estate had a single parent who died and left assets to four children. Both estates also had a house and about $250,000 in liquid assets to distribute to heirs. Where they differed, as you might have [...]

We Want You at the Boot Camp for Advisors!

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There are several opportunities to attend our 2-Day Trusts, Estates, and Elder Law Boot Camp for Advisors over the next few months, but first, we wanted to tell you why it’s worth attending! The 2018 Boot Camp for Advisors is built from the ground up for financial planners, life insurance agents, and accountants who want [...]

What’s the Most Important Strategy for Special Needs Planning?

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We do special needs planning here at Morton Law, but I haven’t touched on it much recently. I’d like to do so here. Special needs refers to people with a mental or physical handicap that renders them unable to provide for themselves. Disabled individuals qualify for some kind of public assistance, usually Supplemental Security Income (SSI) [...]

Are Inherited IRAs Still Protected after Clark v. Rameker?

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There are big changes afoot for inherited IRAs. Justices have made a unanimous decision in the landmark United States Supreme Court Case Clark v. Rameker, which was centered around the question of whether IRAs that a beneficiary inherits are considered “retirement funds” anymore. And it’s a valid question. IRAs are designed as retirement vehicles for [...]

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