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Why Your Sweetheart Will May Not Be Enough

Nashville Blog 2019 March Why Your Sweetheart Will May Not Be Enough
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Why Your Sweetheart Will May Not Be Enough

Posted By David Whittaker, Attorney at Law || 4-Mar-2019

At my firm, I meet with a lot of couples who drafted a Last Will & Testament when they were younger. Those wills may have been completely appropriate at the time they were executed, but now they’re outdated. Such wills, commonly referred to as “Sweetheart Wills,” usually leave everything to each other and the couple’s children.

While this was unquestionably fitting when a couple is young and their children were small, it is not the best approach for empty nesters. But it’s not about the children heading off to college and starting their own families, it’s about getting older and protecting assets if a spouse moves into a nursing home or requires long-term care.

Is it Time to Update Your Estate Plan?

Thanks to advances in modern medicine, Americans are now living longer than ever before. This means that seniors are living well into their 70s, 80s, 90s, and beyond. Eventually, one spouse passes away and the other may end up needing to turn to Medicaid to cover the costs of some, or all of their care.

But, for a senior to qualify for Medicaid, they must meet Medicaid’s income and asset requirements. To ensure an elderly person meets these requirements and protects their assets, they can take certain steps through estate planning. A “Supplemental Needs Trust” in particular, should be incorporated into a person’s Last Will & Testament.

A Supplemental Needs Trust benefits a disabled beneficiary, namely a surviving spouse. What it does is preserve their inheritance so they can still qualify for, and receive their Medicaid and SSI benefits – understandably this is vital.

In this scenario, the trustee uses the trust assets to help take care of the beneficiary, which supplements the government benefits, but it doesn’t replace them. This is absolutely critical when a spouse is already receiving government benefits when their husband or wife passes away. You see, if you were to die and all of your assets passed to your surviving spouse, it would disqualify him or her from receiving government benefits. So, to prevent this from happening and give you peace of mind, you draft a Supplemental Needs Trust.

Next: Estate Planning for Singles

To learn more about how a Supplemental Needs Trust can prevent a surviving spouse from losing their government benefits, contact my Williamson County estate planning firm.

Categories: Trusts, Wills, Estate Planning

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David Whittaker, Attorney at Law

Call Today: (888) 492-4735

David Whittaker, Attorney at Law - Nashville Probate Attorney
1616 Westgate Circle, Suite 127, Brentwood, TN 37027 View Map
Call Today: (888) 492-4735
(615) 289-6284
Website: http://www.attorneydavidwhittaker.com/
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