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Articles Posted in Archived

After a Dementia Diagnosis: Preparing for the Future
Sowards Law Firm

A diagnosis of dementia, a category of diseases affecting memory and thinking that includes Alzheimer’s disease, can feel overwhelming and upsetting. You might worry that you will lose control over your life and ability to make your own decisions. Fortunately, receiving a diagnosis of dementia or Alzheimer’s does not mean that you cannot execute legal…

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Leaving an IRA to a Special Needs Trust Is No Longer Such a Bad Idea
Sowards Law Firm

The SECURE Act, passed at the end of 2019, changed a number of rules regarding inherited IRAs, making it more difficult for most beneficiaries to save on taxes by “stretching” distributions over many years. However, an exception to the new rules potentially changes advice that special needs planners often give clients. For many reasons, it’s…

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How To Avoid Problems as a Trustee
Sowards Law Firm

Being a trustee is a big responsibility and if you don’t perform your duties properly, you could be personally liable. That’s why it’s important to hire the right people to guide you in this important role. A trust is a legal arrangement through which one person (or an institution, such as a bank or law…

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Probate v. Non-Probate: What is the Difference?
Sowards Law Firm

When planning your estate, it is important to understand the difference between probate and non-probate assets. Probate is the process through which a court determines how to distribute your property after you die. Some assets are distributed to heirs by the court (probate assets), and some assets bypass the court process and go directly to…

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What Happens to Assets Left in a Special Needs Trust (SNT) on the Death of the Beneficiary?
Sowards Law Firm

By their very nature, special needs trusts (SNTs) are usually designed to terminate, or at least radically change, when the trust’s primary beneficiary dies. But terminating a special needs trust is not as simple as merely writing a check to the remainder beneficiaries and calling it a day. There are several key considerations and requirements…

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