7272 E. Indian School Rd. Ste 111
Scottsdale, Arizona 85251
Office: (480) 710.5079
This article is intended for general purposes only and not as specific legal advise. Please call me if you have any specific questions.
Many people think that having an estate plan simply means having a will or living trust that determines who should inherit their assets upon their death, however an estate plan is more than that. In addition to distributing your assets, a plan ca determine how your assets are to be owned, managed and preserved during your lifetime. If you are incapacitated, it can control your assets while you are alive and can be a tool to ensure that your health care wishes are honored. You can name guardians for your minor children and provide financial security for your loved ones. It can lessen the emotional and financial burden on your heirs, minimize estate taxes and hopefully, decrease the potential of heirs feuding over assets. If you own a business, it can provide for a smooth succession of your business to the appropriate parties or family members and provide income for you family after you die. Most importantly, developing a plan will give you peace of mind.
People avoid estate planning for a variety of reasons. “I’m too young” is a common excuse. “I don’t own enough assets for it to matter” is another excuse. The value of assets is frequently more than they realize. “Everything I own is owned jointly with my spouse- so they’ll get it when I die.” What if you die together in a common accident? “My sister will take care of my kids.” What if more than one family member wants custody of your children? This could result in a custody battle after your death. Some people are hesitant to invest time and money into creating an estate plan, but, preparation now can save your heirs time and expense
later. Estate taxes could be minimized or avoided, keeping more money in your estate for your loved ones. State administration complications can be avoided which could be expensive, time consuming and confusing for your heirs. You can eliminate family member disputes over personal possessions which have great sentimental value to them.
The truth is: EVERYONE HAS AN ESTATE PLAN. The State has been kind enough to create a default statutory estate plan for everyone who does not develop a personalized plan. The problem is that Arizona’s “one-size fits all” plan may not be the one you want. Without proper planning, a judge could determine the distribution of your assets, who will get custody of your minor children, and a Public Fiduciary, likely a complete stranger, could be named Personal Representative of your estate. Your estate could pay more in taxes and legal fees than necessary. Having an estate plan provides assurance that your affairs are managed as you want and that our assets pass to the beneficiaries you select in the manner and timing that you design. Estate planning isn’t an option, it’s a necessity.
What is an Estate Plan- And Do I Need One?
The Americans with Disabilities Act is a form of civil rights legislation intended to prevent certain unlawful discrimination against employees with disabilities. The original Americans with Disabilities Act was signed in 1991 buy President George H.W. Bush; his son, President George W. Bush, then signed an amendment (or expansion to this law) on September 25, 2008, to allow “individuals with disabilities to fully participate in our economy and society...” This was good news for workers as few will dispute the benefits of allowing workers with impairments to be productive members of the workforce, free from unlawful discrimination. The difficulty arises in applying sweeping federal legislation and regulations to the real problems of the workplace.
So why will the ADA amendment Act of 2008 lead to more expenses for employers, more claims, and more expensive lawsuits? For starters, the Act specifically seeks to change the U.S. Supreme Court rulings in Sutton v. United Air Lines (527
U.S. 471 (1997)) and Toyota Motor Manufacturing, Kentucky v. Williams (153 U.S. 184 (2002)) which Congress believed had excluded employees who should have been covered under the Americans With Disabilities Act.
The Sutton case had allowed employers to take into account mitigating measures such as insulin or hearing aids when determining whether someone had a disability. The ruling in Sutton is changed under the Amended Act, because employees will still be considered to have disabilities even if hearing aids, prosthetics medication, mobility devices, or other “mitigating measures” allow them to work without limitation to major life activities.
The Toyota Motor Manufacturing case held that the term “substantially limited” and “major life activities” should be strictly constructed to determine the existence of covered disabilities. Employees had to show that the disabilities prevented or severely restricted them from “doing activities that are of central; importance to most people’s lives.” The ruling in Toyota has changed so that employees no longer need to show physical or mental impairments that substantially limit major life activities.
“...the Americans with Disabilities Act Amendment of 2008 allows individuals with disabilities to fully participate in our economy and society...’”
This article is intended for general purposes only and not as specific legal advise. Please call me if you have any specific questions.
