March 2023

March 30, 2023
It can take a while to process an estate through probate. When you also factor in the costs involved and the public nature of probate court, you probably want to exclude as much of your estate as possible from the probate process. Fortunately, U.S. News and World Report describes a variety of ways to allow your family to inherit your property without the need to go through probate. Accounts with beneficiaries Just about any of your assets with a beneficiary designation should avoid probate. This is because, upon your death, the asset will pay its benefits directly to anyone named as a beneficiary. Common examples of beneficiary-assigned assets include retirement accounts such as 401(k)s and annuities. Your workplace may have a pension you can assign to a family member. Your life insurance policy also pays out to whoever you name as a beneficiary. Transfer ownership upon death It is possible to make a provision for some of your accounts and properties to transfer ownership to another person after you die. These include pay-on-death and transfer-on-death designations. Similarly, you can own property in a joint tenancy arrangement with a right of survivorship provision to give your ownership interest to a co-owner following your death. Property in a trust A trust is a separate form of conveying property and money to beneficiaries. Depending on your priorities, you can create a revocable or irrevocable trust. You may also condition your trust to pay out according to specific thresholds and conditions your beneficiaries must meet.  Employing these methods may decrease the number of assets that go through probate. As a result, probate for your remaining assets could go faster and lessen the burden on your family.
March 8, 2023
Making the decision to take the keys away from an aging parent takes careful consideration. With dementia affecting millions of adults every year, everyone should know the warning signs that it is time to take the keys from parents. There are a few indications that safety concerns warrant taking away the keys. Taking new medications Stay informed of every medication that your parent takes. Consider side effects that may alter visual acuity, reaction time and rational thinking. If your parent receives a prescription for something that may interfere with driving abilities, be mindful and consider taking their keys. Trouble driving at night When you notice progressive challenges with nighttime driving, even if daytime driving seems okay, you should consider having a conversation about limiting driving time. Getting lost Even with GPS navigation, cognitive declines can lead to wrong turns, trouble reasoning directions and getting lost. If your parent is getting lost more frequently, discuss the safety concerns and the benefits of taking their keys. Inability to sustain safe speeds With age, cognitive performance can slow down. Sometimes, this results in discomfort with routine speeds on the roadways. If your parent is driving significantly slower than other cars on the road, struggling with lane changes and making unsafe turns, that indicates that the time has come to give up those keys.  Keeping your parents and others safe from auto accidents means stepping up and taking away their keys when necessary. Recognizing the signs of trouble can help you intervene before your parents face serious challenges.
March 8, 2023
Being the parent of a special needs child can make navigating the education system a challenge. But it should not be this way. The Individuals with Disabilities Education Act provides you with protections and rights to ensure your child gets the best education possible. It is important for you to take full advantage of IDEA by understanding the rights it affords to you and your child. Receiving a notice You have the right to receive a notice that clearly explains how IDEA protects and provides for you and your child. The school must provide this notice to you annually and also at certain times when incidents happen, such as you filing a complaint or when your child undergoes an evaluation. Consenting You also have the right to consent to anything that the school wants to happen with your child. The school also must make sure you understand any plans and evaluations. You must approve anything that happens with your child. The school cannot provide your child with special education services without your full consent. Meetings requests You also have the right to meet with school personnel to discuss your child and the services he or she receives. You should be able to meet with those who work with your child or make decisions about the services offered. Your child’s rights Your child has the right to fair treatment. He or she should not have to undergo anything that is embarrassing or upsetting. Your child should get services that enhance his or her school experience and do not cause harm or stress.  Overall, IDEA works to ensure that you and your child have a beneficial experience with special education services. Your main rights are to be informed by the school and to ensure your child is helped through the services provided.
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