Getting Your Affairs in Order: What To Do As You Age

Nik Fondren • Feb 07, 2024

Steps to Take to Ensure your Family's Security

Every person ages. There is no avoiding this element of life. However, many people fail to get their affairs in order. They may believe they have plenty of time to do so, only to learn that isn’t the case, or they feel they don’t need to take this step because they have minimal assets. Failing to handle these tasks can lead to complications for those left behind when they pass. What should you do to ensure they don’t encounter problems when you are no longer here? 


Create an Inventory of Your Assets


Start with the basics of the home and list them. Include serial numbers of electronics and other expensive items. If you have receipts for these items, store them with this inventory list. Include insurance documents for high-value pieces. 


If possible, include a description of each item, the date you purchased the item, and the estimated value. Simplify things for the executor and consider notating which family member or charitable organization should receive the item upon your passing. This step isn’t necessary but will be helpful. 


While this list is helpful, the executor needs more information. Include photos or a video of the assets in the end-of-life packet. Store a copy of the documents and the photos or video in a safe place, such as a fireproof safe or safe deposit box. Many people today choose to keep a copy online in the cloud, as well. 


Select Beneficiaries


Most people choose one person to whom they will leave all of their assets. The list of assets you can pass on includes life insurance policies and retirement accounts. Don’t make this mistake. Select multiple beneficiaries to ensure the executor distributes the funds as desired. 


Primary beneficiaries are first in line to receive the designated assets. Contingent beneficiaries only receive the assets if the primary beneficiaries cannot do so for any reason. However, take care when choosing who should receive the assets. 


Avoid naming a minor child as a beneficiary. Doing so could create legal problems. You should establish a trust for any assets that will be left to a minor child. Designate a trustee to oversee the assets on their behalf. 


Never name someone receiving government assistance as a beneficiary. They may not qualify for the assistance once they receive the assets. In addition, know how the distribution of assets will affect each beneficiary’s tax situation to avoid creating problems for those who will receive these assets. Every person should request a consultation with an estate planning attorney for help with determining the tax implications of their estate plan. 


Prepare End-of-Life Documents


Every person needs a will, even if they own nothing more than the clothes on their back. This document ensures their items will go to the individuals or entities they choose when they pass. In addition, men and women need a living trust and durable power of attorney for their finances. 


Advance directives are of significant benefit when a person becomes ill and is no longer capable of making decisions regarding their healthcare. Every person should also consider making a living will. A third document that many people choose to create is a durable power of attorney for healthcare.


Nevertheless, these documents aren’t helpful if the right people cannot find them upon your passing. Keep these documents in one place and let a few people know where they are. These individuals may include your estate planning attorney, the executor of the will, and one or two trusted family members. However, you may also choose other individuals to be informed of this location. 


Choose an Executor


Any person can serve as the executor of an estate. However, not every person is prepared to take on this role. Select someone willing to take on this responsibility.


In addition, choose a younger successor, as this document might not be needed for decades. The successor will take on the duties if the person named in the document cannot fulfill them. However, ensure both the executor and the successor are qualified to serve in this role. 


Gather Information for Loved Ones


Loved ones need information to handle your affairs. This information goes beyond the end-of-life documents you have prepared. Create a notebook that lists everything they need to know. On the initial pages of the notebook, outline instructions for handling all accounts. 


To ensure timely payment of all bills and avoid overlooking any insurance policies, the executor will need a list of all assets and debts. This individual also needs passwords to all digital accounts and directions on where to find financial documents, such as paperwork for college funds. Furthermore, share where they may find all end-of-life documents. 


In this notebook, include any details you would like included in the end-of-life celebration. The more the family knows about the wishes, the easier it will be to carry them out. They are grieving your loss and will appreciate having these details to guide them. 


Work with an Estate Planner


Many people find they need help to handle the various tasks. They also want to ensure they don’t accidentally overlook anything. Working with an estate planner will ensure that you complete all tasks and meet legal requirements. 


The estate planner works to protect any young children and beneficiaries. Don’t let a court decide where the children will live or who gets your assets. However, this is only one of several benefits of working with this professional when planning your estate. 


The Internal Revenue Service is ready to take its share of your assets. The estate planner knows ways to keep this tax burden to a minimum. While the planner may not eliminate the taxes, they keep them as low as possible. 


Family arguments often occur when a person dies without a will and other estate planning documents. The fight may ultimately lead to family members arguing their case in court. With the attorney’s help, you determine where your assets go, rather than leaving this task to others. 


Make an appointment with an estate planning attorney today. While you may have taken these steps previously, it never hurts to review the plan. Any changes in your life could lead to the need for changes in this plan. The attorney’s job is to ensure you protect your loved ones and guarantee they receive the assets you want them to receive. With their help, you can look after your heirs even when you are no longer physically present. 

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Know Your Rights: What to Do When Stopped by the Police

By Nik Fondren • 10 Apr, 2024
Nobody wants to be stopped by the police, even when they have done nothing wrong. If you are in this situation, knowing what to do can help reduce the stress associated with this encounter. Stay calm and never act hostile toward the officers. Know your rights and what to do so the situation doesn’t escalate. Know Your Rights Most people know they have the right to remain silent during an encounter with law enforcement. You may be required to provide your name, depending on state laws where the encounter occurs, but that is it. Firmly state you wish to remain silent and stop speaking. They cannot compel you to do so once you make this statement. Furthermore, if police stop you while driving, the right to remain silent applies to any passengers in the vehicle. Passengers might also ask if they can leave during this traffic stop. If officers say they may, they should do so quietly. The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures. Law enforcement officers cannot search your person, home, or car without your permission unless they have a warrant. Have them produce this warrant so you can review it. However, officers may pat you down to check for weapons. They are permitted to do so for their safety. If the officers ask to search, say that you do not consent. They may conduct this search anyway, depending on the circumstances of the encounter. This verbal statement that you do not consent to the search may become important if authorities file charges against you. When officers enter the home, they may not search without your permission or a search warrant. If they arrest you at home or work, they have the right to search the immediate area or anywhere they can see criminal activity. Pay attention to what they do throughout this search to confirm they conduct it properly and don’t overstep their bounds. Every person has a right to a criminal defense attorney in Cullman, AL . Request a government-appointed attorney if you cannot afford to hire a lawyer. Let the officers know you would like to make a phone call. They cannot listen to any calls between you and an attorney, but they have the right to listen to all other calls you make. The officers can tell you how to request a government-appointed attorney if one is needed. Handling Police Encounters Safely During any encounter with the police, stay calm. Never volunteer information, even if it seems harmless. Use your right to remain silent or only answer direct questions, never offering additional information when doing so. Never argue with officers or bad-mouth them, as doing so could change the whole tone of the interaction. If officers attempt to pull you over while you are driving, continue operating the vehicle until you reach a place where it is safe to stop. Never stop in the middle of the road or impede traffic, as doing so puts you and the officer at risk of harm. When the vehicle is stopped, remain in the car, turn on the interior light, and put your hands where the officer may see them. Ask passengers in the vehicle to show their hands as well. Provide any documents requested by the officer during this traffic stop. They may ask to see your driver’s license, registration, and proof of insurance. Before collecting these documents, let the officer know where they are located. Reaching into a glove box or under the seat may appear to be a threatening move to the officer. Letting them know that is where the documents are and that you aren’t reaching for a weapon can help to reduce tension. Never run from a police officer. Also, do not touch the officers, as any touch could be construed as threatening in a volatile situation. If officers arrest you, go willingly. Don’t resist or become combative. Doing so could make a bad situation worse. Common Misconceptions People often believe they must consent to a search or take a breathalyzer test. They feel they are required to answer questions when asked by law enforcement. A person doesn’t have to say or do anything when stopped by the police. Failing to answer questions or consent to a search may result in a trip to the police station. Let this happen and contact an attorney with your one phone call. While the trip to the station is an inconvenience, it will probably be a short-lived one once your attorney arrives. They will work to get the matter resolved and have you released quickly. Protecting the Rights of Others You may find yourself in a situation where law enforcement is handling a matter involving another individual and you are merely a bystander. Help each other out by observing this interaction and recording it if possible. Try to capture officers’ badges and patrol car numbers with the video to show who was involved beyond what can be seen in the video. Also, ask witnesses to state their names and contact information on the video. They may need to share what they saw with authorities. If the situation is mishandled in any way, contact the internal affairs department of the law enforcement agency, so they may handle the matter. In addition, share the video with the attorneys of all parties involved in the interaction if problems arise. When law enforcement officers know they will be held accountable for their actions, fewer problems typically arise during a stop or other interaction. Law enforcement officers cannot stop bystanders from recording their interactions with individuals. However, the person taking the video must not interfere with police activity in any way. If you wish to record an interaction, do so from a safe distance. Don’t hide the fact you are recording, as police officers know they do not have any expectations of privacy while on the job. However, you may need to ask those interacting with the officers if they wish to be recorded. State laws vary on whether permission is needed so it is always better to ask. A person may come into contact with law enforcement multiple times throughout their life. All parties are responsible for what happens in each interaction. Know your rights and how to handle these interactions safely and legally. Everyone must work together to keep our country safe while ensuring our rights remain protected. This is not a job for one person alone.

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Will Alabama Law Allow You to Relocate With Your Child After a Divorce? Steps on What To Do

By Nik Fondren • 13 Nov, 2023
Finding a better job, living in a larger home, and being in a better school zone are just a few of the reasons to move when you have kids. As complex as a move can be, it can be even more complicated when there’s a custody and visitation order after a divorce. While no one can stop someone from moving, it can impact custody and visitation, and it may be possible to be prevented from moving to another city or state. Those who are considering a move will want to understand Alabama laws and how they can impact the relocation. Before moving, some extra steps need to be taken to make sure everything is as smooth as possible and to make certain potential disruptions in parenting time or custody are minimized. What Counts as a Relocation? In Alabama, a relocation that requires additional steps is any move where the parent will be living more than 60 miles from their previous home. If the parent is moving across town for their job, to get into a better school zone, or for any other reason, the other parent may not be able to object since the location will likely be within 60 miles. If a parent moves more than 60 miles away, however, they must notify the other parent. In this situation, the other parent has the opportunity to object to the move. As long as the move is not far, the courts are generally not involved. The other parent does not get to say the move can’t occur since it is still within a reasonable distance. Of course, there may be exceptions to this if the move is not in the child’s best interest. If the move is more than 60 miles, though, the other parent can intervene and request the courts deny the move to prevent it from happening. Often, this is done if it will impact the other parent’s visitation abilities or have a potentially negative impact on the child. Parents who are concerned about whether a move counts under Alabama law can speak with a child custody attorney . This provides them the opportunity to learn more about the potential outcome if the other parent objects to the move or what they need to know to start the process. Providing Notice for the Relocation When a move is pending, the parent who is moving must give the other parent at least 45 days' notice of the move if it will be more than 60 miles away. This amount of time offers the other parent the option to object to the move in the courts and request the move be denied if they believe it’s not in the child’s best interest. If the parent finds out they will need to move in less than 45 days, they must provide the other parent with at least 10 days' notice. This may happen if there’s an emergency with the home or a parent is required to move for work. Objections to a Move The parent who is not moving does have the ability to object to it. To do this, they will need to file an official objection with the courts. At this point, a hearing will be scheduled, and both parents are required to attend. At the hearing, various considerations will be discussed to determine if the move will be allowed by the courts. It is highly recommended for the moving parent to speak with an attorney who handles Alabama family law before the hearing to get a better idea of what to expect. If the judge denies the move because they do not believe it’s in the best interest of the child, the parent will need to determine their next move. This could include negotiating visitation times to make the move more beneficial for both sides or moving to somewhere within the 60 miles that will still allow them to meet the goals of the move. It is possible in some situations to appeal the decision made by the judge, but this can take time, and alternative resolutions may be a better idea. A revised custody and visitation order may be created if the judge approves the move. This will be done to make sure the parent who is not moving is still able to be in contact with the child and able to have visitation. Depending on various factors, such as the distance of the move, visitation can still be the same or change significantly. The goal, however, is to allow the move without reducing or limiting the visitation of the parent who will not be relocating. Considerations for the Court The court will consider numerous factors when determining if a move is in the best interest of the child. Some of the factors they’ll consider can include the following. Relationship with Other Parent – They will consider how the relationship can be impacted by the move. Transportation – Whether transportation will be an issue for either parent can be a significant concern with longer distances. Parental Communication – There needs to be thought about how the parents can and do communicate about the child, especially over longer distances. Impact on the Child – Whether it will positively or negatively impact them, the effect it may have on their education, and more. Ability to See Siblings – If the child has siblings who are not moving, their chance to be together and know each other may be considered. Location of Residence – Moves out of the country may not be as likely to be approved as ones still within the US, even if the parent is planning to move to another state.  Moving to a new home can be exciting and full of opportunity, but relocating after a divorce can be a little more complicated. For those parents who are considering a move, speaking with an attorney is a good idea before making any concrete plans. This provides them with an opportunity to learn more about Alabama laws and how they can influence the move.
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