Adolescence

Who was your first boyfriend?

Who was your first kiss?

What types of clothes were fashionable?

What was your first car?

Marriage

How did you meet your spouse?

Where did you go on your first date?

What did you like most about him or her?

How did you know they were the one you wanted to marry?

How did you propose to her? or how did he propose to you?

Parenting

Ask questions about each child growing up

Career

What was your second job? repeat as needed

Why did you choose to work there?

What did you like about working there?

Education

Where did you go to elementary school? repeat for junior high and  high school

Who was your favorite teacher?

What was your favorite subject?

Where did you go to college?

How did you pick that college?

What did you major in?

How did you choose that major?

Leigh Hilton, Attorney at Law
Sawko & Burroughs, P.C.
1100 Dallas Drive Suite 100
Denton, TX 76201
940 382-4357
LHilton@dentonlawyer.com

The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute an attorney-client relationship between any readers and this firm. An attorney-client relationship is created only when this firm agrees to represent someone and a written employment agreement or engagement letter is signed by both the client and attorney. In all cases, the reader should consult his or her own attorney for advice. The information in this blog is based on Texas law.

One of the best ways to capture your story is through videotapes.  Feel free to pick and choose from the following interview questions.  Remind the person you are interviewing that the tape can be edited.  Don’t worry about making it perfect the first time.  Also, it is a good idea to provide the list to the person you are interviewing ahead of time. 

Here is a list of questions that can be asked in an interview regarding childhood:

Childhood

What was your favorite game to play when you were a child?

Who was your best friend?

How did you meet?

What did you like to play together?

What was your favorite type of candy?

Who was your favorite teacher? Why?

What did you want to be when you grew up?  Why?

What was your favorite Christmas memory?

Did you believe in Santa?

When did you find out he wasn’t real?

What was your favorite birthday memory?

What was your favorite book as a child?

Where did you go to church as a child?

What was your mother like?

What was your father like?

Did you have  brothers or sisters?  If so, tell me about them.

The next blog post will be January 7th and will cover other questions to ask related to other stages of life.

Leigh Hilton, Attorney at Law
Sawko & Burroughs, P.C.
1100 Dallas Drive Suite 100
Denton, TX 76201
940 382-4357
LHilton@dentonlawyer.com

The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute an attorney-client relationship between any readers and this firm. An attorney-client relationship is created only when this firm agrees to represent someone and a written employment agreement or engagement letter is signed by both the client and attorney. In all cases, the reader should consult his or her own attorney for advice. The information in this blog is based on Texas law.

Have you told your story?  If you don’t tell it, who will.  After the death of a parent or grandparent, many children and grandchildren are sad that the stories are lost.  I am videotaping interviews of my clients to help them preserve these memories.

When I talk to people about creating these video memories, the response is usually that is a great idea.  The problem is most people never take the time to make these videotapes.  Many wonderful and precious family memories are lost, if we don’t take the time to preserve them.

This is  a perfect time of year to create these memories, when family gets together for Christmas.  In the next few blogs, I am going to talk about preserving these memories and ways to go about making sure they aren’t lost.  In the next post, I will give you a list of questions to ask your family members.

Leigh Hilton, Attorney at Law
Sawko & Burroughs, P.C.
1100 Dallas Drive Suite 100
Denton, TX 76201
940 382-4357
LHilton@dentonlawyer.com

The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute an attorney-client relationship between any readers and this firm. An attorney-client relationship is created only when this firm agrees to represent someone and a written employment agreement or engagement letter is signed by both the client and attorney. In all cases, the reader should consult his or her own attorney for advice. The information in this blog is based on Texas law.

If we were to ask an older person what his or her most important concerns for aging are, we would probably get a variety of different answers. According to surveys frequently conducted among the elderly, the most likely answers we would receive would include the following three principal concerns or life wishes:

1. Remaining independent in the home without intervention
from others

2. Maintaining good health and receiving adequate health care

3. Having enough money for everyday needs and not outliving
assets and income

To address these concerns or wishes and maintain the quality of life wanted in the elder years, it simply takes a little preplanning.

Few people do this kind of planning.

It is human nature not to worry about an event until it happens. We may prepare financially for unexpected financial disasters by covering our homes, automobiles and health with insurance policies.

However, no other life event can be as devastating to an elderly person’s lifestyle, finances and security as needing long term care. It drastically alters or completely eliminates the three principal lifestyle wishes listed above.

The majority of the American public does not plan for this crisis of needing eldercare. The lack of planning also has an adverse effect on the older person’s family, with sacrifices made in time, money, and family lifestyles.

Because of changing demographics and potential changes in government funding, the current generation needs to plan for long term care before the elder years are upon them.

Let us look at some facts.

• The population of the “very old,”–older than age 85–is the
  fastest growing group in America. This population is at
  highest risk for needing care. (Statistical abstract of the United States,
  2008, population)
• Medical science is preventing early sudden deaths, which
  means living longer with impaired health and greater risk of
  needing long term care.
• The Alzheimer’s Association estimates the risk of
  Alzheimer’s or dementia beyond age 85 to be about 46% of
  that population.
• It is estimated that 6 out of 10 people will need long term
  care sometime during their lifetime.
• Children are moving far away from parents or parents move
  away during retirement making long distance care giving
  difficult or impossible.
• Government programs–already stretched thin for long term
  care services–will experience even greater stress on
  available funds in the future.

One of the important things for planning is how to maintain your lifestyle as you age. You may be healthy enough to stay in your own home with help provided for the following activities of daily living:

maintaining a home,
providing meals,
supervision,
companionship,
transportation and
shopping services.

This type of care at home is non-medical and must be provided free of charge by family, friends, or volunteers or the care must be paid for out-of-pocket by the family.

Government programs, in most cases, will not pay for this kind of care. It is estimated that 80% of all long term care is non-medical, with 90% of that care provided in the home. It is most likely that your long term care will begin with home care.

It is wise to plan now how you will pay for care when it is needed. In evaluating your future income you may find it necessary to add some resources such as long term care Insurance to pay for assisted living or nursing home costs. Long term care insurance must be purchased while you are younger and healthy. Failing health, stroke or other aging issues will not allow you to qualify for this insurance.

A reverse mortgage will also help pay for home care if staying in your home is an option.

Consider where you may want to live in your elder years. Many assisted living facilities offer complete care alternatives with a nursing home wing if needed. Senior retirement communities also offer many amenities with some including home care options.

Now is the time to do estate planning. A professional estate planner will give you direction on how best to protect your assets for future needs and for Medicaid planning.

Do your paper work. Now is the time to create your trusts, will, medical directives in a living will and any other documents you want noted for future use. Gather Insurance policies and bank records where they can be found by family members in case you are not able to get them yourself.

We don’t like to think of our elder years in terms of health problems, but a sudden stroke, heart failure or onset of dementia could make it impossible to carry out our own wishes if preparation was not made ahead of time.

The process of long term care planning involves the following four
principles:

1. Knowledge and preparation are the keys to success.
2. Having funds to pay for care expands the choices for care
settings and providers.
3. Using professional help relieves stress, reduces conflict, and
saves time and money.
4. Success is assured through a written plan accepted by all
parties involved.

If you would like a copy of my new guide “Life-Care Planning for the Aging and those with Long-Term Illness”, email me at LHilton@dentonlawyer.com.  

Leigh Hilton, Attorney at Law
Sawko & Burroughs, P.C.
1100 Dallas Drive Suite 100
Denton, TX 76201
940 382-4357
LHilton@dentonlawyer.com

The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute an attorney-client relationship between any readers and this firm. An attorney-client relationship is created only when this firm agrees to represent someone and a written employment agreement or engagement letter is signed by both the client and attorney. In all cases, the reader should consult his or her own attorney for advice. The information in this blog is based on Texas law.

“The Holidays” can mean travel, excitement, gathering together with those you love, stress, conflict, and any or all of these things.   Take the time this holiday season to talk with those you love about what’s truly important to you, and what’s important for them to know.  Make sure you tell them that you love them.  Make sure you tell them about your estate plan, about where they can find your important legal and financial documents in an emergency, and who your important advisors are (e.g. estate planning attorney, financial advisor, accountant).  I understand that these conversations with family members can be difficult to start.  But they are important.  Talk to those you love about the legal, financial and health care decisions you have made, and take the time, while you still can, to explain your choices.

If you would like a copy of my new guide “Life-Care Planning for the Aging and those with Long-Term Illness”, email me at LHilton@dentonlawyer.com.  

Leigh Hilton, Attorney at Law
Sawko & Burroughs, P.C.
1100 Dallas Drive Suite 100
Denton, TX 76201
940 382-4357
LHilton@dentonlawyer.com

The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute an attorney-client relationship between any readers and this firm. An attorney-client relationship is created only when this firm agrees to represent someone and a written employment agreement or engagement letter is signed by both the client and attorney. In all cases, the reader should consult his or her own attorney for advice. The information in this blog is based on Texas law.

According to Injury Facts®, a fatal injury occurs every 5 minutes. In contrast, a disabling injury occurs every 1.5 seconds. Motor vehicle accidents cause a death every 12 minutes and a disabling injury every 14 seconds.

According to the National Safety Council, income lost as a result of disability is 2 times greater than auto accident losses, and 3 times greater than fire losses.

Almost 3 in 10 of today’s 20 year-olds will become disabled before reaching age 67, according to Social Security Basic Facts.

1 in 5 people will be disabled for one year or more before age 65.

Women between ages of 35 and 65 are 40% more likely than men to become disabled for 90 or more days.

For 30-year-old males, the risk of a long-term disability is 4.1 times more likely than the risk of death. For 40-year-olds, it is 2.9 times more likely. And at age 50, it is 2.2 times more likely.

Currently, only 15% of workers have any type of disability insurance (DI) coverage.

72% of the private sector workforce has no long-term disability insurance.

If you would like a copy of my new guide “Life-Care Planning for the Aging and those with Long-Term Illness”, email me at LHilton@dentonlawyer.com.  

Leigh Hilton, Attorney at Law
Sawko & Burroughs, P.C.
1100 Dallas Drive Suite 100
Denton, TX 76201
940 382-4357
LHilton@dentonlawyer.com

The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute an attorney-client relationship between any readers and this firm. An attorney-client relationship is created only when this firm agrees to represent someone and a written employment agreement or engagement letter is signed by both the client and attorney. In all cases, the reader should consult his or her own attorney for advice. The information in this blog is based on Texas law.

It’s 8 pm and the pain in your chest is still there.  You finally admit to your loved one that maybe it’s time to go to the hospital.  You can see their worry as they grab the car keys and hurry you out the door to the emergency room… 

Let’s face it, going to the hospital can be a little frightening.  But there are ways to prepare yourself and your loved ones.  A little bit of preparation can make the experience better for everyone: you, your family, and the hospital staff. 

1.         Make sure that your healthcare power of attorney is up-to-date.  This document names the person (or persons) you would like to make medical decisions for you if you can’t do so.  Review this document periodically to make sure your choice(s) is still valid.

2.         Review your Living Will.  This document states your desires regarding treatments you would (or would not) want to receive in the hospital if you cannot make these decisions yourself.  Your living will is an important resource for your healthcare power of attorney should he/she need to make decisions about your care.

3.         Make your decision about organ donation and document it.  If you would like to donate your organs at the time of your passing, make that decision now and put it in writing.  One organ donor can save up to 8 lives and the need far exceeds the supply.

4.         Talk to your loved ones about your healthcare choices:  who you’ve named as your healthcare power of attorney, what your medical wishes are, and whether you want to be an organ donor.  The more they know in advance, the easier it will be for them if they ever have to step in. 

5.         Carry an emergency document wallet card.  One of the items I provide for my clients is this card because I knows that immediate access to your emergency information and healthcare directives is important.  Make sure that your card is next to your driver’s license in your wallet at all times. 

At the hospital, the ER staff will ask you many questions.  One of them is whether you have a living will or other healthcare directive (they may call it an “advance directive”).  You or your loved one presents your emergency document card.  Hospital staff can make immediate note of the allergies and medical conditions on your card.  They then use the card to obtain your directives, adding them to your chart immediately.  There is no fuss about where your living will is or who should go back home to get it.  Your card takes the stress off you and your family when the focus should be on your health, not your healthcare directives.

If you would like a copy of my new guide “Life-Care Planning for the Aging and those with Long-Term Illness”, email me at LHilton@dentonlawyer.com.  

Leigh Hilton, Attorney at Law
Sawko & Burroughs, P.C.
1100 Dallas Drive Suite 100
Denton, TX 76201
940 382-4357
LHilton@dentonlawyer.com

The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute an attorney-client relationship between any readers and this firm. An attorney-client relationship is created only when this firm agrees to represent someone and a written employment agreement or engagement letter is signed by both the client and attorney. In all cases, the reader should consult his or her own attorney for advice. The information in this blog is based on Texas law.

If your spouse does not have a will or a trust, the answer is yes.  To prevent this, your spouse can specify in a will or trust who gets what.  But if there is no will or trust, under Texas law you become co-owners with your step-children.  

I had one client whose husband died suddenly.  He had purchased a piece of raw land one year before they got married.  They built a business building on his separate property.  The wife ran the business for over 20 years.  The husband had a full-time job.  He did not have a will or trust, because he was not planning on dying.  He was only 52 years old when he had a heart attack.  The wife and stepchild became co-owners of the property.  

Another client I had was a stepchild.  Her father had remarried and died within a year of the marriage.  The main asset he had was his house that he had owned prior to marriage.  Under Texas law, the step-mother had the right to live in the house for the rest of her life.  The stepchild and the mother argued over the contents of the house.  Also, under Texas law the stepchild had to pay a portion of the expenses.

If you would like a copy of my new guide “Life-Care Planning for the Aging and those with Long-Term Illness”, email me at LHilton@dentonlawyer.com.  

Leigh Hilton, Attorney at Law
Sawko & Burroughs, P.C.
1100 Dallas Drive Suite 100
Denton, TX 76201
940 382-4357
LHilton@dentonlawyer.com

The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute an attorney-client relationship between any readers and this firm. An attorney-client relationship is created only when this firm agrees to represent someone and a written employment agreement or engagement letter is signed by both the client and attorney. In all cases, the reader should consult his or her own attorney for advice. The information in this blog is based on Texas law.

The weather is getting warmer. Warm weather usually means travel. And while fun and exciting, travel can also mean accidents, illness and unexpected conditions.

This summer as you make plans to visit family, go to the beach, or take that special trip, please take a moment to review your important legal documents. Just as you make sure that someone gets your mail, waters the plants, etc. before you travel, you should take a moment to ensure that your estate planning documents are up to date and still reflect your wishes.

During this review, please pay particular attention to your healthcare directives, (i.e. your living will and health care power of attorney). These documents prepare you for a medical emergency. Please make sure that they still reflect your current wishes.

Another way we help you prepare and protect our clients is by registering their healthcare directives with the emergency document bank. Their emergency card provides immediate access to their healthcare directives and emergency information. The card will provide important information to the hospital or in a clinic abroad. Anywhere there is an internet connection or a fax machine, the emergency card can deliver their information to the hospital and medical personnel who need it.

If you do not have an emergency card yet, please contact us. We’ll be happy to make sure your directives are registered. And if you have any changes to your directives once you’ve had a chance to take a look at them, please let us know. We’ll do our best to make the changes you need in time for your travel plans.

We hope you enjoy the warm weather and your summer plans! And when you travel, make sure you have your emergency card in your wallet.

If you would like a copy of my new guide “Life-Care Planning for the Aging and those with Long-Term Illness”, email me at LHilton@dentonlawyer.com.  

Leigh Hilton, Attorney at Law
Sawko & Burroughs, P.C.
1100 Dallas Drive Suite 100
Denton, TX 76201
940 382-4357
LHilton@dentonlawyer.com

The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute an attorney-client relationship between any readers and this firm. An attorney-client relationship is created only when this firm agrees to represent someone and a written employment agreement or engagement letter is signed by both the client and attorney. In all cases, the reader should consult his or her own attorney for advice. The information in this blog is based on Texas law.

If the parents wanted to exercise more control over the distributions, they could creat a trust that allows the trustee to distribute trust income and principal from to a child for their health, education or maintenance, so long as they are living by the family’s values.  If a child gets into drugs, gambling or has other problems, the trustee can turn off the “spigot” and refuse to distribute assets from the lifetime trust until the child shapes up, cleans up and gets back on track.  Meanwhile, the trust allows the trustee to “redirect” the trust’s assets to assist the child by paying for the counseling, drug testing, therapy, etc. necessary to help the child get back on their feet.

 

The Rays included extensive guidelines and values for their children in each lifetime trust.  For instance, they directed that their trustee may assist a child by distributing income and/or principal out of a trust for:

 

·        A down payment towards purchasing and furnishing a home.

·       A down payment towards purchasing or establishing a business or professional practice.

·        Travel to foreign countries for cross-cultural experiences and education.

·        The reasonable expenses of a first wedding and honeymoon.

·        Expenses while a child’s a full-time student maintaining at least a 2.5 GPA.

·        Expenses while a child is pursuing an educational, scientific or charitable goal which is in the best interests of the child and the public, and which makes the child a productive member of society.

·        Living expenses if a child becomes disabled and is prevented from being a productive and self-supporting member of society.

·        Expenses or income replacement if a child is occupied in full-time caregiving for family members such as children or other relatives and that obligation precludes the child from earning a living (a stay at home parent, for example).

·        Supplemental income and expenses if a child is employed full time in an occupation to which he or she devotes at least 35-40 hours of work per week or is pursuing a career full time which is low-paying but socially productive, such as a missionary, teacher, artist or musician.

·        Any other extraordinary expense that is in the best interests of the child.

 

Additional language ensured that the trustee would consider the future probable needs of the child, and would help educate the child on the long-term tax advantages of retaining funds inside qualified plans, IRAs and such.

 

The Rays’ goal was to set up their estate plan so that the wealth left to their children would not be a burden or negative influence, but would provide a positive structure with incentives and directions to enable Jane and John to make the most out of their lives.  By using lifetime trusts with detailed instructions, values and guidelines, the Rays succeeded in protecting their hard-earned wealth from their children’s “inabilities, disabilities, creditors and predators” and have provided their children with invaluable guidance and financial support that will create a legacy to benefit their descendants for generations to come.

 

If you would like a copy of my new guide “Life-Care Planning for the Aging and those with Long-Term Illness”, email me at LHilton@dentonlawyer.com.  

Leigh Hilton, Attorney at Law
Sawko & Burroughs, P.C.
1100 Dallas Drive Suite 100
Denton, TX 76201
940 382-4357
LHilton@dentonlawyer.com

The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute an attorney-client relationship between any readers and this firm. An attorney-client relationship is created only when this firm agrees to represent someone and a written employment agreement or engagement letter is signed by both the client and attorney. In all cases, the reader should consult his or her own attorney for advice. The information in this blog is based on Texas law.