Estate Planning and Elder Financial Protection

2017-04-24

What You Need to Know

Estate planning is a critical step in ensuring your assets are managed and distributed according to your wishes. For older adults, it is also essential to protect your financial future from the growing threat of elder financial abuse. At Texas Bay Credit Union, we are committed to helping our members safeguard their wealth and well-being through comprehensive estate planning and elder financial protection strategies. We’ll guide you through the key aspects of estate planning and elder financial protection, specifically tailored for residents of Texas.

What Is Estate Planning?

Estate planning is the process of arranging the management and disposal of your estate during your life and after death. An estate includes everything you own: your home, cars, bank accounts, investments, and personal belongings. Proper estate planning helps ensure your assets are distributed according to your wishes, reduces taxes, and minimizes legal complications.

Here are some essential components of estate planning:

Wills and Trusts: These legal documents dictate how your assets will be distributed.
Powers of Attorney (POA): This gives someone you trust the authority to make financial or medical decisions if you become incapacitated.
Beneficiary Designations: This ensures assets like life insurance policies and retirement accounts go to the right people without needing to go through probate.
Guardianship Designations: If you have minor children, this is vital to specify who will care for them.

Why is Estate Planning Important in Texas?

Texas has specific laws that can significantly affect how your estate is handled after death. If you die without a will (intestate), Texas law determines who inherits your assets based on a set order of relatives, which may not align with your personal wishes. Additionally, estate planning in Texas can help protect your assets from excessive taxes and legal fees.

Benefits of Estate Planning in Texas:

Ensures your assets are distributed as you intend
Protects family members, especially minors, through guardianship arrangements
Minimizes estate taxes and legal fees
Prevents family disputes over inheritance
Allows for the smooth transfer of business interests or property

Key Estate Planning Tools

Effective estate planning requires several legal instruments. Let’s explore the most commonly used estate planning tools and how they work:

1. Last Will and Testament

A will is one of the foundational estate planning documents. It specifies how you want your assets distributed upon your death. In Texas, wills must meet several requirements to be valid, including being in writing, signed by the testator (the person making the will), and witnessed by at least two credible witnesses.

2. Trusts

A trust is a legal arrangement where one person (the trustee) holds property on behalf of another (the beneficiary). Trusts can help avoid probate, provide for minor children or disabled individuals, and offer privacy in asset distribution.

Revocable Trusts: These trusts can be changed or revoked by the grantor (person who creates and funds a trust) during their lifetime. Upon the grantor's death, the trust becomes irrevocable, and assets are distributed without going through probate.
Irrevocable Trusts: Once created, irrevocable trusts cannot be altered. These are typically used to reduce estate taxes or protect assets from creditors.

3. Powers of Attorney

A Power of Attorney (POA) grants another person the legal authority to make decisions on your behalf. There are two main types:

Financial POA: Allows someone to manage your financial matters, such as paying bills, managing investments, and selling property.
Medical POA: Authorizes someone to make healthcare decisions if you are unable to do so.

In Texas, a durable POA remains effective even if the principal (the person who grants the authority) becomes incapacitated.

4. Living Wills and Advance Directives

A living will (also called an advance directive) details your medical treatment preferences if you are unable to communicate them yourself. It helps ensure that your healthcare decisions align with your wishes and relieves family members of having to make difficult decisions in a crisis.

Elder Financial Protection: Safeguarding Seniors from Financial Abuse

As people age, they become more vulnerable to financial exploitation, which can take many forms, including identity theft, scams, or even exploitation by family members. Elder financial abuse is a growing problem, particularly in states like Texas, where the elderly population is increasing rapidly.

Common Types of Elder Financial Abuse

Telemarketing and Internet Scams: Seniors are often targeted by scammers posing as legitimate companies or government agencies. These scams may involve fake prizes, investment opportunities, or even fraudulent Medicare services.
See our Security Center (LINK TO PAGE) for common scams.
Identity Theft: Fraudsters can steal personal information from seniors to open credit cards, take out loans, or make unauthorized purchases.
Undue Influence by Family or Caregivers: Some elders may be manipulated by trusted individuals into altering wills or giving away assets.
Financial Exploitation by Professional Advisors: Unscrupulous advisors or fiduciaries may use their position of trust to mismanage a senior’s finances or charge excessive fees.

Steps to Protect Elders from Financial Abuse

At Texas Bay Credit Union, we take elder financial abuse seriously. Here are some practical steps you and your family can take to protect seniors from financial exploitation:

1. Create a Comprehensive Estate Plan

One of the best defenses against elder financial abuse is a strong estate plan. Establishing wills, trusts, and powers of attorney ensures that your finances are managed by trusted individuals who are legally bound to act in your best interest.

2. Set Up a Financial Power of Attorney

Designate a trusted family member or friend to handle financial matters if you become incapacitated. Make sure this person understands your financial situation and has a clear set of guidelines for managing your assets.

3. Monitor Financial Accounts Regularly

Frequent monitoring of bank and credit accounts can help detect suspicious transactions early. At Texas Bay Credit Union, we offer account alerts and monitoring tools to help protect members from unauthorized activity. Click HERE for instructions.

4. Shred Personal Documents

Seniors should securely dispose of bank statements, tax documents, and other papers that contain sensitive information. This simple step can prevent identity theft.

5. Watch for Red Flags of Financial Abuse

If a senior suddenly withdraws large sums of money, alters their will, or begins giving away assets, these could be signs of financial abuse. Family members should stay vigilant and ask questions if they notice unusual financial behavior.

How Texas Bay Credit Union Supports Estate Planning and Elder Financial Protection

At Texas Bay Credit Union, we offer resources and financial products to help members of all ages protect their assets and plan for the future. Whether you’re just starting your estate planning journey or need help protecting a loved one from financial abuse, our team is here to assist.

Services We Provide:

Account Monitoring: Our secure banking tools make it easy to monitor transactions and detect fraudulent activity.
Trust Accounts: We can help set up Trust accounts to ensure that your money is disbursed according to your wishes and minimize taxes. Schedule an appointment (LINK TO PAGE) today, to set up your trust accounts.
Senior Fraud Protection: Our credit union offers fraud detection tools to safeguard your accounts.
You can stop by your closest branch and speak to our branch representatives about the services we offer.

FAQs

Q. Why is estate planning important in Texas?

A. Estate planning ensures that your assets are distributed according to your wishes and can help minimize taxes and legal fees. In Texas, dying without a will means the state determines who inherits your assets, which may not align with your wishes.

Q. How can I protect my elderly family members from financial abuse?

A. To protect elderly family members, ensure they have a comprehensive estate plan, monitor their financial accounts, set up a financial POA, and educate them about common scams targeting seniors.

Q. What is the difference between a will and a trust?

A. A will outlines how assets should be distributed after death, while a trust allows you to transfer assets before and after death, avoiding probate. Trusts can also provide ongoing financial management for beneficiaries.

Q. What should I include in my estate plan?

A. Your estate plan should include a will, a durable power of attorney, a medical power of attorney, advance directives, and, if necessary, trusts to manage complex assets.

Q. How can Texas Bay Credit Union help with elder financial protection?

A. Texas Bay Credit Union offers account monitoring tools, fraud detection services, and can help set up trust accounts.

Legal Disclosure: Texas Bay Credit Union does not provide tax, legal, investment, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, investment, or accounting advice. You should consult your own tax, legal, investment, and accounting advisors before engaging in any transaction.

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