like they and is the name of our show you're watching PBS Fort Wayne right here and the reason we call our show LIFE Ahead is because each Wednesday night we try to give you education and information that will help you with decisions that you have to make in your LIFE Ahead.

>> And we're going to do that tonight.

This with a legal theme for you.

So if you have questions you'll see the phone number there (969) 27 twenty multiple times here in the next half hour and you can give us a call and talk to the attorney right here live on the show and get some complimentary advice.

>> How's that sound?

Brian Nugent sounds great.

Thank thank you Sandy .

>> Brian, you've probably seen him if you're a regular watcher of life ahead you've been coming every month for a long time now and always trust a lot of good information and I have some kind of different things I want to ask you about tonight.

>> I know we're going to be talking about estate planning but some other little things along the way.

>> But let's say that somebody getting to a point where they think they need to kind of get things in order.

>> What I maybe you know where comes from when I was going to Google I was thinking when you get all your ducks in a row, where did that come from?

>> That phrase yeah.

Know like it's mother when she's walking in all the ducks behind her and they do that when they're swimming and they do that ducklings yeah.

>> that's exactly right.

They do their mom and they follow.

Yeah.

You don't go much with dad you know he's off exploring OK so to get all of our ducks in a row.

>> Sure.

How many and what documents should you begin to make sure you have legally taken care of .

>> Right well I don't know that it's a particular number that people are looking for or that an attorney would be recommending for for their client number of documents.

>> I'm not sure it really depends person by person what they want to get accomplished and some basic things that everyone should have in place for sure.

We want to have something called a durable power of attorney and that that play allows someone else to make decisions for you if you're unable to or if you're out of this just like when you're still alive, when you're still OK.

>> But everyone should have a power of attorney.

I have a power of attorney members of my family have powers of attorney.

>> Clients have those powers everyone should have do you have to tell that person they're going to be your power of an entertainer?

>> You don't.

Yeah, you don't they don't need to sign that financial power of attorney.

>> They don't need to sign on that now something that is work where you do need to put folks on notice in DNA is if you appoint them as your health care surrogate.

So someone that would be able to make health care decisions on your behalf, you are required to provide to them a copy of that health care representative designation.

That's a second document that you might want to have and you have to provide that to that person you do you're responsible to provide it to the person.

>> So typically an attorney's office may mail that out or send it to the they haven't in writing or can you just verbally tell it should be in writing they should have a copy of that designation.

>> I have some work to do.

Well, that wasn't always the case in Indiana.

I'm not sure maybe that's been in effect for three years now.

Could be a little bit longer where you have to provide that surrogate a copy of that health care representative designation.

I think it's also a nice idea although that typically within that health care surrogate designation, that health care representative designation we've included hipper language, hipper health insurance portability and Accountability Act.

That language is typically within that health care surrogate designation.

But I'd like to see a separate HEPA authorization in place.

I think hospitals are used to seeing those doctors are used to seeing those and sometimes it's easier just to provide that that form individually we have to sign like if you go to the hospital even just for a procedure and you're going to be there for an hour I mean you're signing about five or six different things.

>> Well, one of those things that you're signing is a hippo authorization.

So for that face again what HEPA means I always intend to look it up and I haven't done Health Insurance Portability and Accountability Act and it's allowing the individual that you're working with to see your medical records.

So for example, Sandy , you were giving about being at the doctor's office or the hospital.

You're allowing the doctor's office, the hospital to reach out to your insurance company for them to be paid for the services that they're performing so they can't just contact the insurance company unless you say it's OK.

So that release that you're signing each time that you go is specific to that event.

What I'm suggesting is you have a hippo authorization that's in effect that's much more general much more broad that's in effect indefinitely and those individuals that you appoint in that document would be able to see your medical records, speak to the doctor about your medical records, et cetera.

>> Do you get that at the hospital or from the attorney?

Well, it could be either.

I can't speak for what instruments the hospitals have or the doctors offices have.

I can tell you that lawyers do have those and would regularly prepare those for their clients and I it could very well be that hospitals have forms as well.

I would guess that the hospital ones are related to that event that you're attending the hospital.

>> Yes and maybe not maybe not broad but it seems like about the same ones every time you go to I don't know it's you know I know there's what you're talking about and then it seems like you're saying something to say that the hospital can release your information to and then you can put a name or whatever of who you're OK with them knowing the information.

>> So the hospital may very well have a form that you would complete that would indicate who can speak to the doctor while you're there who the hospital can speak with.

You wouldn't surprise me at all.

Yeah.

You were asking earlier about whether other things that folks may want to have in place.

I would think last Will and Testament is something that's very important for folks to take a look at and for them to make a decision about where their assets go when they pass away who's going to be in charge making sure that that individual knows to satisfy your that's et cetera.

And sometimes we also want to use trusts as part of our estate planning not always but oftentimes those are instruments that are approved to have in place.

We use those trusts normally there are three categories of folks with involved in those.

>> First is the seller the grantor, the trust maker, the person that made the trust say that first word again guarantor so guarantor settlor trusts MCR they're all the same to learn a new word every time you come up well so that would be you know if you were putting together your estate planning and you were the one that that was putting that trust together, you're typically the one that makes him the guarantor.

You're the guarantor of that law.

You put that together the next position and trusts would be someone called a trustee if we have a type of a trust called a living trust revocable trust, normally the person that creates those trust is their own trustee, their own manager of the assets that are in that trust.

They make distributions to a third group of person or persons called a beneficiary or beneficiaries.

That's who can enjoy the money that's in the trust in this instance if it's a living trust revocable trust you would be your own beneficiary during your lifetime you would be able to enjoy the assets in it and and so as part of your estate planning your indicating after I pass where does that money go?

>> And we normally would indicate within our trusts or our wills who it is that ultimately receives those funds it could be children, partners, spouses, charities TBP you can remember PBS I've had more than one client that's remembered PBS good.

>> So that's great.

Any of their in any of those estate planning the individual would be looking at should I have a well do I need a trust that's appropriate what's not appropriate for me and also we're we're wanting to make a review of the assets that we have investments that we have now.

Can we put designations of beneficiaries on those assets?

Maybe it goes directly to a person.

Perhaps it comes into the trust, perhaps it comes through your estate.

It depends what's unique for each asset that you have and what you want to get accomplished.

>> And I know you can put more than one person oh yeah you can you can put one to ten however many want.

>> You better believe I just have two kids.

I don't have chance.

>> So you know, it looks like, you know, somebody out there is interested in the family want to step up.

>> OK, so now here's what I do know because you've talked about this before.

>> If you put in your will for example, that you want to leave your IRA to your cousin but you have signed a beneficiary for your child, the beneficiaries, the one that wins even though that's right.

It's different the beneficiary that you've signed takes precedence over your will and that surprised me.

>> Yeah.

So it's important when you have your estate planning done you take a good hard look at the beneficiaries that you've designated on assets like your IRA that you're referring to Sandy and make sure if you're estate planning that you did through your will your trust is different than your beneficiary designation on that asset that we have designated the will we've designated the trust your estate rather or your trust as the beneficiary if you want to do something different than that.

So look at it very closely once you create your your will once you create your trust, you'll want to do a thorough review of the investments that you have to do a thorough review of the beneficiary that you've put in place if you're using a trust.

Normally we transfer ownership of those investments as assets to the trust itself and so it's you bring up an excellent point which is to be very cautious about how those assets are owned, how they're titled and you make the beneficiary you know I mean if you do your will and and ten years later you have some kind of investment and you signing up a beneficiary that maybe it wasn't even part of your family at that time.

>> Well, this is a surprise for folks.

We'll have an estate and everything goes through smoothly and all of a sudden we find an asset and perhaps that the the asset wasn't put into the name of the trust the client had to trust or a beneficiary to your point, a beneficiary is designated that the individual wasn't thinking they were going to remember or maybe they weren't going to remember that much oftentimes to when folks are designating beneficiaries they're thinking about the value of that individual asset and that asset may go up or down in value from the time you designated beneficiary.

>> So I'd like to use percentages and estate planning.

I think that makes sense.

So if your estate expands yeah, we know that we're giving someone a particular percentage of our estate and if it shrinks they're receiving a particular percentage.

>> So if you're thinking concretely thinking this that this asset goes to one individual, this asset goes to another individual that works great if nothing changes in your life but if this asset increases in value and this one goes down, you're now treating them differently than you thought.

>> That's what I originally was .

>> Good because that that's going to remain equal.

We have a phone call that Brian is going to answer here.

I'm sure Jerry that's you you're on the line here with us tonight.

I don't like the hand.

>> What's your question for Brian Dujon?

Yeah, Brian, my question is at what age could one start considering setting doing estate planning?

>> Good question.

The great question I will tell you estate planning is appropriate at any age.

>> So I'm an elder law attorney .

>> Elder law does not mean that you have to be an like only working with folks that are traditionally elderly.

If you are eighteen and you have assets of course you should consider all these things.

I encourage folks actually when their kids go off to college, get a durable power of attorney in place, get a health representative designation in place, you think because you're there you're rather they are your child you can make decisions for them.

>> You can talk to the doctor.

You can't right.

We may need to have a guardianship so those very basic things should be in place when you're young and going off to school or graduating from high school whether you do or don't go off to school.

>> So as far as estate planning, I think typically folks are looking at state planning at several stages of life.

So to answer your question, Jerry, I see folks that are doing estate planning oftentimes when they have their first their newborn first child they may not have garnered a lot of wealth yet but they have this precious baby.

They want to make sure that the right person is taking care of that child.

There are assets who does it's going to be managing those assets for the child so there is no particular age.

I see life events that trigger folks doing estate planning first child and unexpected illness and all of a sudden we realize oh my gosh, we don't have anything in place.

Maybe a first trip for the family or they're flying and and people are nervous.

We don't have any place and nothing in place and we're flying my gosh, the plane could go down and so we better put some things in place when we're thinking about retirement, when we're getting ready for retirement, when we've just retired I see estate planning a lot of times taking place then and as we age when we start to have a concern about my gosh, if I need care, how am I going to pay for that care?

I've worked my whole life to PU to produce these assets.

I want to make sure that those assets are with me my entire life I don't run out of money.

So how is it that I can plan to protect those assets and secure benefits to provide payment for my care is so great question Jerry I really do appreciate your calling in but there isn't a particular age at which someone should do estate planning when you're 18 and above all to consider Jerry could make that call tomorrow, you know, and have everything solved before New Year's.

>> How often should somebody review their estate planning?

No.

Great.

I I like to see people every five to seven years take a look and and when we do those reviews folks are often at times surprised.

Oh my gosh, I don't remember we appointed this person or I made this really complicated and it isn't that complicated anymore where people have come in and out of your life things have changed.

So I recommend every five to seven years take a look at it, make sure things are in place.

Los change and families change.

>> I mean it seems like nowadays there are a lot of blended families and that complicates things if you don't have everything in writing.

>> Yep.

Without it in writing then there's something called intestate succession intestate succession.

>> So last will and testament intestate without a will and then the state the state doesn't necessarily get the money but the state would determine where the money goes if you don't have a plan, if you don't have a plan in place you haven't beneficiaries in place.

You don't have a will, you don't have a trust.

Then we use something called Interstate's session.

It's especially important for spouses, first spouse, second spouse folks think that because you're married to someone you automatically receive all of the assets and that is not the case.

>> I know that's not the common thing people think I mean was it ever that way that they started practicing law?

No spouse are entitled to spouses are entitled to some the estate kids are entitled to some of the estate.

>> So you're going to want to make sure that you've put it into effect as you want it to be in effect.

OK, and then the state also in this list of how things are going to be what you call that list would you call that list intestate succession?

>> How it's divided?

Yeah, percentages based upon your relationships again you see the same all over Indiana it is now.

>> Yeah.

This leads me to another thing I want to talk to you about.

>> I know you're also certified in Michigan and Florida.

I am licensed.

>> Congratulations to them.

Thank you.

So say somebody is wintering in Florida which a lot of you do around here.

>> I know this is kind about area of snowbirds meaning as soon as we've had the first big snow which we already had and it starts turning colder, we start heading to Florida or the Carolinas or someplace to stay warm for the winter.

So if somebody had worked with you in Fort Wayne say then if they go to Florida they can still you can still counsel them and know the Florida law, is that it?

>> So me personally, yes, I'm licensed in Boston.

But what I would say that's important for the audience to take is that if you are traveling between states normally there's reciprocity between the states meaning if I have Indiana documents that I prepared and they're effective in Indiana and I go to Florida and I need to use that power of attorney that health care designation living will something like that.

>> It's recognized in that state as well.

There's reciprocity between the two states shall one one state law or whatever is may not be the same for every state in the United States know each state can make us a little drawls.

>> That's right.

It's a little different.

>> Okay.

All right.

There you go.

All right.

So now the other thing that I want to talk about is I like snowbirds going to to Florida.

Are there things that people should take care of if they're going to be gone for like two or three months or even just a monster on a personal level?

>> Yeah, well, I think that stopping the mail is important.

Yeah, Making sure that your heat is appropriate turned on.

I think even the remotely controlled thermostats.

Oh yes.

Right.

If you're able to purchase enough to be able to put those into your home, you can look on your own and make sure you haven't lost heat and don't want to talk in pipes.

>> I always turn that back.

You yeah.

>> Huh.

OK refrigerator we don't want any food in there if you're going to be gone.

>> Oh yeah that's a good point.

That's a good point because like who knows electricity and then is actually to my daughter a year or so ago they were gone for like a week or ten days or something like that and that's when we had major storms here in the Fort Wayne area and trees were down everywhere.

I mean it was just a bad thing in many sections of Fort Wayne we're out of power for a couple of days.

>> Well, they had also lined up somebody to come in and paint while they were going to be gone.

>> You know, they lined up a painter to to paint all the rooms in the house and whenever and so I they had me go over and check and make sure he got in and had everything he needed and what did I see but a big pool of water all over the kitchen floor where the refrigerator without power and everything to come home to.

No it wasn't but thank goodness I was there to mop it all up and and you know before I was any damage.

>> But you know what if they didn't get back home for another five or six days.

Sure.

Well, they're lucky to have you to check in on the house.

>> Oh, thank you.

You complimented me plenty tonight here.

So OK so legally then you would recommend that if they're going to be gone for a long time to have things like your power of attorney.

So health care those would all transfer.

>> They do transfer regardless of what state you're in.

But I think what what you might consider doing as well as making sure that those are available to you digitally.

So we're in a very digital world.

>> So what you may consider doing is downloading those documents so you have access to them on your smartphone or on your computer so that if you happen to be to your point, Sandy in Florida and you needed those documents that you would be able to access them online and have them available to you.

You may also consider back home before you leave whatever physician's group that you're affiliated with or a hospital that you're affiliated with to to make sure that your physician's group has a copy of those documents related to your health care.

And you may also consider your durable power of attorney giving that to your financial advisor so that your financial advisor and their team have approved that it could be used making sure that your banks have those powers so that if a check needs to be signed it's already gone to the bank's legal department.

They've approved it.

They've accepted it.

And so if somebody needs to act on your behalf, it's already gone through that you have to handle it.

>> This is like as your aging but you haven't passed yet.

Yeah.

And you've named a power of attorney who can pay your bills while you're gone all winter.

>> Does that person need to go to the bank and sign anything or how do you know let the bank so that's OK with me if if so the point of delivering the power of attorney to the bank in advance of needing it is that normally they need to be approved by the legal department if it's the bank or oh I see your financial advisor or investment group every year with they typically send their legal department they approve it so that if the situation arises you do need to sign a check then you would be able to sign the check.

You aren't going to the attorney.

In fact that's the person serving under that power that power of attorney.

The attorney in fact isn't necessarily going to the bank and signing the signature card or anything like that.

We would do that in an instance where you're appointing someone that could sign on your account right.

There are an authorized signer and that event which is different than using a power of attorney, you would go to the bank in advance and have the individual sign and make sure that that signatures on file.

>> OK, all right.

Got it.

OK, now what if somebody passes away, Bryan and they don't have a will shame on then if they've heard this show they know that they need to but but I don't people always think I'll do it next week or next year.

>> What if you passed away and you don't have a will?

So that's what I was referencing earlier.

>> If you passed without a will and the state of Indiana assuming we've asked the state of Indiana has a whole schedule that that they use to apply where assets are distributed.

I will point out if folks are wintering in Florida and they have real estate or assets in Florida, they have real estate and assets in Indiana at the same time you have to open to different states so you have to one in Florida you'd have to open one in Indiana.

>> So I would strongly encourage folks that they do have assets in different states to use a trust to put those in so we don't have to go through probate in both states or use something like a transfer on death deed in Indiana lady birdied in Florida beneficiary designation something so we don't have to go through probate in both states but typically I like to see a control of how those assets are distributed normally by using a trust or perhaps a last will and testament.

>> Now what does what can somebody do to eliminate or prevent issues with the estate for their heirs in terms of minimizing any problem?

>> Well, number one, I think when someone passes it is an emotional time and I think the less stress that you can have your heirs, the folks that are responsible for you at the time of your passing experience what what kind thing it is for you to do for them?

It is very stressful.

It's not a it's a difficult time and all of a sudden mom passed last week and now all of a sudden and we're grieving and now we're dealing with money and how that's distributed and people are asking questions, et cetera.

So I think as a an individual that's preparing their estate planning, reducing the accounts that you have so if you've got five or six different accounts at different banks, maybe bringing those down to one or two accounts if you have investments spread in different areas, organize those investments, take a good thorough look at your assets.

Are they in a trust beneficiaries designated do you have those things organized?

So I think that's a huge benefit that or a nice thing that you can do for loved ones for people around you we were joking earlier about gift to PBS if you want to receive something to make sure that &-pg something by your telling friends and family, by your telling your spouse that you want to have this happen or that happen, it doesn't automatically happen if you want someone to receive this so far that I'm sitting on it was sentimental so far and we want to make sure Grandma SOFA goes to somebody need to put that in writing.

So sometimes things are distributed in a way that were unintended or that we didn't want without some advance planning.

>> So I would encourage folks to do that advance.

All right.

We'll make a deal.

You can have a stove.

>> All right.

I want the coffee table.

It's a pretty cool story.

Good advice, Brian.

>> Thank you so much, Gerri.

Don't forget all the things that Brian told you and take care of things and thank you for watching life and well for the rest of you we're not done yet.

>> We're going to have a LIFE Ahead show every Wednesday night here at seven thirty coming from the PBS studios have a great weekend and we'll see you later