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Welcome to another edition of Cox & Nici's E-News
where we inform you about current legal issues that
may affect you and your loved ones.
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Is An Incomplete Or Outdated Estate Plan Worse Than Not Planning At All?
At Cox & Nici we review a great many estate plans
for our clients, and what we sometimes see can be
downright disturbing.
Undoubtedly, you're intent on living the life of
leisure that you worked so hard for so many years to
attain. We're sure you've provided for your own
future and probably provided for your children and
grandchildren to live a better life after you're gone.
But have you taken steps to protect those assets
from creditors, predators or, in some cases, from
your children themselves?
You probably have an estate plan that holds your
assets in a Revocable Trust while you are living, to
be divided among your children equally after you
(and your spose) are gone, most likely after the
kids turn 30 which, in most cases, they already have.
Unfortunately, there are plenty of ways that this
inheritance can be lost by those for whom it is
intended to help!
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Inheritance Lost
That's right. One of your children could be involved
in an auto accident and be sued, owing hundreds of
thousands of dollars. Maybe one of your children is
a doctor, and loses a medical malpractice case. The
patient could end up getting every dime. Or your
child becomes embroiled in an ugly divorce, and the
ex-spouse gets half of the money you worked so hard
to make and protect.
These scenarios are not pleasant to consider, but
they occur every day. And every day, the money
earned by people like yourself, after a lifetime of
hard work, goes not to the intended beneficiaries,
but to others not even members of the family.
In other cases, a child may develop a substance
abuse problem, a gambling problem or a mental
illness, and squander the inheritance. Such a child
needs to be protected from him or herself.
That's why it is so important to set up an "asset
protection" or "spendthrift'' trust, a trust that
protects these hard-earned assets from going to
anyone other than your intended benificiaries, that
is, your children or grandchildren.
Money in an "asset protection" trust can be
controlled by the adult child named as the
beneficiary, and by law still be protected from
creditors.
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The Cookie Jar Analogy
Say you have a cookie jar full of cookies. In a
traditional estate plan, on your death, the cookies
are divided equally among your children. They can do
with them what they want. They can also lose them in
a lawsuit, a divorce, a bankruptcy or a bad business
deal.
In an asset protection trust, the cookies are kept
in a cookie jar after your death, but the jar is
protected by lock and key. The responsible child --
the sole trustee in this example -- has the key and
may dole out cookies as he or she sees fit (to the
child or the child's children). But the cookies
can't be taken away. The money will stay in the
family, going to help your children or grandchildren
live a good life.
In a spendthrift trust, with co-trustees, the jar is
locked with two keys. One is held by the child who
you may feel is not as responsible with money as he
or she should be. The other is held by a trusted
attorney, accountant, bank trust company or other
trusted advisor. The money is usually designated to
be used for such purposes as health, education,
maintenance and support.
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What You Can Do
The techniques are simple, yet offer the protection
you want. And such trusts may be set up easily and
inexpensively. In many cases, it involves a simple
amendment to the estate plan you already have. Such
trusts may also be established for the assets you
may want to gift to your children or grandchildren
during your lifetime.
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Thank you for reading this issue of Cox & Nici's
E-News. Please visit our website or call us for more
information regarding this subject or to answer any
other questions you may have.
Sincerely,

Joe B. Cox, Esq. and James R. Nici, Esq.
Cox & Nici
phone:
239-254-0706
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