How Do You Avoid Probate and Have Asset Protection?
Video Summary
How do you avoid probate and also have asset protection? Well, the easiest way to do that is if you’re a married couple. Of course I don’t know – you’ve gotta be a couple I guess if you’re married. But in any event, as a husband and wife, if you hold assets as a husband and wife or the term tenancy by the entireties and you should hold all your bank accounts and all your assets as husband and wife except automobiles. And that way if something would happen to either of you, then the property would automatically pass to the survivor. And so you’ve avoided probate by holding your assets in your names, as husband and wife. The asset protection comes in so that if either one of your are sued, and they get a judgment against one spouse, it will not attach to assets that are held in the name of husband and wife or as tenancy by the entireties.
I suggested that you not have automobiles in your joint names as husband and wife since an automobile is considered a dangerous instrumentality so that if it’s involved in an automobile accident they can sue both the owner and the driver. So whatever spouse is driving a particular automobile, they need to have it titled in their name as the primary vehicle so that if they are involved and they don’t have enough insurance coverage and they do get a judgment against one spouse that was not attached to the assets that are owned as tenancy by the entireties and also motor vehicles can be transferred without a probate proceeding whenever the first spouse passes away.
I gave you a quick overview as far as husband and wife property. If you’d like some more information if you’re single as to what to do about asset protection and avoiding probate, well give me a call or if you have any questions as a husband and wife give me a call and we can do some estate planning for you at 727-847-2288. Thank you.
Who Should I Appoint as My Healthcare Surrogate?
Video Summary
Who should I appoint as my healthcare surrogate? First, what is a healthcare surrogate? A healthcare surrogate is someone you appoint to make healthcare decisions for you and usually in the healthcare surrogate form, it’s whenever you’re unable to make healthcare decisions. That person should be someone who is close to you and understands your desires and wishes, certainly your spouse would be, I would think primary. If you don’t have a spouse or significant other, if you have a child that is particularly nurturing or helps you with your medical problems or appointments and is aware of it, I think that they would be a great candidate. Also if you have any one of your children or family or friends who are nurses who are involved in the healthcare profession.
I also put in, whenever I designate or fill out the healthcare surrogate form, what they call a HIPPA waiver, because this person will be the one that will be the point person for your relatives and friends who want to know how you’re doing, because the medical community cannot release information to anyone without a HIPPA waiver. We usually attach a HIPPA waiver to your healthcare surrogate form so that they will release medical information to your healthcare surrogate. Hopefully, that will give you some sort of guidelines. Certainly don’t name the healthcare surrogate as the same person as your Power of Attorney who will handle financial matters and that you would want to designate someone that has a little more business expertise and that may not be the same person.
If you would like to have a healthcare surrogate done or some estate planning, give me a call at 727-847-2288. Thank you.
- Published in Estate Planning, Videos