From Attorney Tim Bupp, chair of the CGA Law Firm Estate Law practice group. If your beneficiary is a person with a disability (“PWD”), creating a special needs trust for their benefit can be one of the most important things you ever do. Our goal in estate planning is to ensure that our assets will provide our loved ones with benefits for their health, safety, and well-being. In some circumstances, such a beneficiary may already be receiving state or federal benefits such as Medicaid, SSI, or SNAP benefits, which are “means-tested”; that is, a beneficiary with too many assets in… read more »
What is a “Trust Protector” and Should you Utilize One?
From Attorney Tim Bupp, chair of the CGA Law Firm Estate Law practice group. In today’s world, good estate planners have increasingly complex and powerful tools that they can use in your documents to provide protection for your loved ones and your resources in a variety of situations. Trusts themselves have become increasingly complex, and sometimes trust provisions come into conflict with new changes in law or practice. This is where a “trust protector” can become a useful tool to make your documents work well, even in new and challenging situations. 1. What is a “Trust Protector”? A trust… read more »
CGA Celebrates Make-A-Will Month
By Noah Yeagley and Attorney Timothy Bupp August, the month of warm weather, vacations, and sunshine, is also notable as National Make-A-Will Month. While August keeps us busy with sun and fun, we should take some time to remember how important a Will is, how easy and straightforward the process of preparing a Will can be, and how beneficial a Will can be for our loved ones and our own peace of mind. Let’s take a moment to celebrate the important role that a Will plays in your estate plan and the many protections and benefits a good Will can provide… read more »
Estate Planning for Farm Families Part 3: Economic Tools for the Farm Estate Plan
From Attorney Tim Bupp, chair of the CGA Law Firm Estate Law practice group. A good estate plan for a farm family needs to recognize and take advantage of the various tools available for protecting the farm operation and aiding farm family succession. Our Commonwealth has recognized the importance of farming to our communities, and has created a number of beneficial programs that can aid family farmers to continue the farming operation into the next generation. This article describes only a few of those beneficial programs. 1. Clean and Green. Pennsylvania’s “Clean and Green” program is a wonderful benefit for… read more »
Estate Planning for Farm Families Part 2: Protecting the Farm
From Attorney Tim Bupp, chair of the CGA Law Firm Estate Law practice group. Farming is Pennsylvania’s number-one industry, producing significant benefits for the Commonwealth. It not only sustains the livelihood and well-being of those who make their living in farming but also serves as an economic engine, driving sectors such as agricultural technology, food processing, and transportation. This ensures that our citizens have access to food and other farm products. However, our changing world continues to create tension between the farm activities of farming and non-farming residents who reside within farming communities, who love and benefit from the country’s… read more »
Congratulations to Your Graduate! Now It Is Time to Protect Your Young Adult
The excitement of graduation is unparalleled. As you and your child embark on the journey of their future, it is crucial to be ready for surprises and adversity. Planning can help you and your graduate prepare for the substantial changes that come with early adulthood. While you and your child have many tasks to accomplish, there is one more thing to do—ask your child to sign both a Durable Power of Attorney and an Advance Healthcare Directive. Confidentiality laws—like the Health Insurance Portability and Accountability Act (more commonly known as “HIPAA”) and the Family Educational Rights and Privacy Act (“FERPA”)… read more »
Estate Planning for Farm Families Part 1: Entities
From Attorney Tim Bupp, chair of the CGA Law Firm Estate Law practice group. In this biweekly column, Attorney Tim Bupp shares with you lessons and perspectives from his twenty-five years as an estate planner with CGA Law Firm. Farm owners and farm families face unique challenges related to their estate planning. The focus is often on ensuring that the next-generation farmer or farmers can stay in farming and that the non-farming family members are treated fairly and equitably while the parents ensure that their future holds a safe and secure retirement. These often competing goals can create tension in… read more »
Is a Prepaid Funeral Right for You?
From Attorney Tim Bupp, chair of the CGA Law Firm Estate Law practice group. In this biweekly column, Attorney Tim Bupp shares with you lessons and perspectives from his twenty-five years as an estate planner with CGA Law Firm. Is a prepaid funeral the right thing? I do not sell funeral plans, but I recognize them as an important issue related to estate plans. Funerals are complicated, expensive, and deserve our attention. Who makes funeral decisions? By time-honored caselaw in Pennsylvania, the responsibility of planning a funeral falls to your next of kin. While you could appoint someone in your Will to… read more »
Power of Attorney (POA) – The Centerpiece of the Estate Plan
From Attorney Tim Bupp, chair of the CGA Law Firm Estate Law practice group. In this biweekly column, Attorney Tim Bupp shares with you lessons and perspectives from his twenty-five years as an estate planner with CGA Law Firm. Everyone has heard of a Last Will and Testament and knows that a Will is an important piece of an estate plan. But is it the most important piece? Let’s discuss the power of attorney – an underappreciated but vital part of an estate plan. A power of attorney is a document where you appoint some trusted individual to take any… read more »
LIVING TRUSTS – Are they worth the extra cost?
From Attorney Tim Bupp, chair of the CGA Law Firm Estate Law section. In this biweekly column, Attorney Tim Bupp shares with you lessons and perspectives from his twenty-five years as an estate planner with CGA Law Firm. I am asked about the potential benefits of living trusts nearly every day. My answer: in specific situations, a living trust can provide clarity and benefit to your estate plan. However, as with nearly every other estate planning tool, one size does not fit all; not everyone will benefit from the extra effort and expense that go into creating and maintaining such… read more »