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The Most Important Lists You Need To Write Today  

Medication List Special Needs Trusts Jeyaram & AssociatesMost of us write lists – To Do Lists, Bucket Lists, Christmas Lists, Grocery Lists, Wish Lists, etc. But the most important lists we need to write are the ones that could be life-saving for our differently abled children.

Medications & Healthcare Providers Lists

Many of us are on auto pilot and can recite our child’s medication list and dosage by heart. However, if something were to happen to us, it’s important for someone else to be able to jump in and continue our child’s medications.

With many of our differently abled children, these medications are critical to their overall health – and in some cases – they could mean a matter of life or death. As a result, Medication Lists should include the name of the medications, dosage, frequency, purpose of the medication, how the medications are administered, where the medications are located (ex. fridge), and the name of the pharmacy for each medication.

Another list we need to make is a list of all of our child’s medical providers. The Medical Providers List should include our child’s primary care physician, specialists, pharmacists and therapists. At minimum, this list should include their names, locations and phone numbers. In addition, this list should include your child’s insurance ID number(s) and date of birth.

Add Special Notes

As part of our lists, I also recommend including the date last seen by each of the health care providers, as well as any other special notes or information. For example, we have a great relationship with one of our pharmacists, and she is well versed in our son’s medical history.

We’ve included a note in our Medical Provider List that she be contacted for anything related to our son’s medicines. Further, on our son’s Medication List, we’ve noted that we hide his nighttime medicine in applesauce.

You’ve Probably Already Created It

Many of us have already created these lists for things like Katie Beckett applications or IEPs. And while they take just a few minutes to create, these lists could ultimately be lifesaving if something happened to you and someone needed to immediately begin caring for your child.

Make Sure This Information Is Part Of Your Special Needs Estate Plan

Finally, I recommend that these lists be included in your special needs estate plan. Families often include these lists as part of their annual letter to their child’s guardian.

It’s important for everyone to know who to contact and how to continue your child’s medications in case of an emergency. So while we’re busy making all our lists, you can now add one more item to your To-Do List – your child’s Medication and Healthcare Providers List.

Contact Us

If you need help with your special needs estate plan, we’d love to help. We’ve helped hundreds of families create legal plans that give them a peace of mind should anything happen to them. DJ@JeyLaw.com 678.325.3872.

Top 10 Reasons Why You Should Hire A Lawyer For Your Will vs. Using An Online Service

Online Will Hire Attorney Jeyaram Georgia TrustRecently we saw an article – written by a non lawyer – recommending individuals and families complete their wills online as a way to save money.

However, there are several major flaws with this “money-saving approach” and online wills could ultimately end up costing an individual or family significantly more money than what they initially intended to pay.

Top 10 Reasons Why Lawyers Should Help You Write Your Will

  1. Experienced estate planning attorneys will create personalized plans for you based on a vast array of estate planning tools that “do-it-yourself” online wills do not consider.
  2. Online wills provide you with generic “one-size-fits-all” documents that are not tailored to your specific needs. Your life is not a one-size-fits-all and your will should reflect that.
  3. When partnering with a lawyer, you are able to include specific details and information that the online forms do not allow you to include due to space limitations or lack of fields on the forms.
  4. Online services also try to “up sell” customers through the process – the low cost offer is often a “hook” for more expensive packages. Almost all estate planning attorneys offer an upfront, flat fee for their wills.
  5. As your life situations change, your lawyer can easily help you update and change your legal plan as needed so that it best protects your loved ones and assets. Online forms cannot provide the guidance or recommendations attorneys can.
  6. Attorneys will have seen literally hundreds of cases and will be able to help you make informed decisions and avoid pitfalls they have seen in other cases.
  7. An attorney will help you identify ways to minimize your tax liabilities upon your passing. Online will services typically do not provide this feature.
  8. If you need something more than a basic will, such as a trust or special needs trust, online services often cannot address the complexity involved in these legal matters.
  9. Online forms cannot provide you guidance or help you think through important decisions such as who you should select as a guardian or trustee. An experienced attorney will help you think through the process and help you make a decision that you’re comfortable with.
  10. Most importantly, when it’s time for your will to be executed, your family will need to hire an attorney. If your family already has an established relationship with an experienced estate planning attorney, this is one less thing for a grieving – and often overwhelmed – family to have to deal with upon your passing.

A Will Should NOT Be A One Size Fits All 

When it comes to protecting your family and assets, we recommend investing in the process of writing your will and partnering with an attorney to prevent any future headaches or heartaches.

When you meet with an estate planning attorney, they will talk to you about your life, your family, your wishes and desires. They’ll also talk to you about your assets, your desires for how they should be distributed and what the best ways are to minimize tax liabilities. Online wills cannot provide this guidance.

Your life is not generic – neither should your will.

We Can Help

We’ve helped hundreds of families create and update their wills and trusts to best reflect and protect their families and assets.

When you meet with us, we carefully listen to your unique needs and will create a customized will or trust based on those needs and your wishes. We’re here to help you create a plan that gives you peace of mind. I can be reached at DJ@JeyLaw.com or 678.325.3872.

The Easiest New Year’s Resolution You Can Keep: Create A Will

Wills Trusts and Estates New Years ResolutionWith the holidays behind us, many of are making resolutions to eat better, exercise more, get more sleep and try to balance our work and personal lives in the new year.

However, one of the most important resolutions we can make is often left off our list – writing a will. Putting into place a will or estate plan is perhaps one of the easiest and fastest resolutions you can check off your list!

Who Needs A Will?

Everyone. No matter your age, financial situation, marital status or stage in life needs a will, trust, or estate plan. Estate planning will benefit your loved ones by ensuring that your assets are properly distributed the way you want – not the way a court decides.

Why Do You Need A Will?

  • If you have minor children and don’t have a legal plan in place when you place, a court will decide who will care for them.
  • You’ve worked hard for your assets. Think about who you would leave your assets to – family, friends, or charities.
  • A legal plan will save your family from worrying and avoid disputes about your wishes.
  • Without a plan, a court decides who gets what. Your loved ones could be left without what you wanted.

Too many times we’ve seen families dealing with the loss of a loved one also have to face unexpected financial hardship because a plan wasn’t in place. Their loved one’s assets were tied up in the courts. The families had to hire a lawyer to help them navigate the courts and probate process – adding to the financial hardship. All of these situations could have been avoided if a legal place had been put into place.

What’s The Process For Writing For A Will?

When you contact a law firm to help you write a will, an attorney will send you a questionnaire to complete. The list of questions will help you start thinking about how you want to secure your legacy and distribute your assets – whether it’s to family, friends, charities, your place of worship or community – it’s important that your wishes are documented in a legal plan.

The list includes standard questions about your assets (ex. checking and/or savings accounts, property, car, life insurance, etc.) as well your final wishes (Do you want to buried? If so where? Do you want to be cremated? Etc.).

It will also ask questions such as who do you want to execute your will, guardianship for your child/children, and wishes if you were to be come incapacitated. And don’t worry if you’re not quite sure what to include. An estate planning attorney can help guide you and help you think about what will work best for your life.

New Year’s Resolution 

While death isn’t something we like to think about – it’s something that happens to all of us – and one of the best ways we can protect our loved ones is to make a New Year’s resolution to put into place a will or estate plan.

And if you already have a will or estate plan in place, the New Year is always a good time to reflect upon changes in your life and make any necessary changes to your legal plan.

We Can Help

DJ Jeyaram, Esq., is an experienced wills and estate planning attorney who can help you customize a will to best meet your needs and protect your loved ones. Contact DJ at DJ@JeyLaw.com or 678-325-3872.

7 Reasons Why Online Wills Aren’t The Smartest Choice

Wills Trusts and Estates Attorney GeorgiaGroupon is currently running an ad for 79% off online wills for individuals or couples. The company offering the promotion through Groupon says the online Web site creates wills “in just minutes.” Just “minutes” to map out and protect your assets and document your legacy? What?

Writing a will is NOT something that should be done in a matter of mere minutes. It’s something that should be given careful thought and consideration. The process of writing your will most likely take a couple of hours.

Why Online Wills Are Not The Smartest Choice

Writing a will should be done under the legal guidance of an established estate planning attorney and here are 7 reasons why:

• Online wills provide you with generic “one-size-fits-all” documents that are not tailored to your specific needs. Your life is not a one-size-fits-all. Why should your will be?

• Experienced estate planning attorneys can create personalized plans for you based on a vast array of estate planning tools that “do-it-yourself” online wills do not consider.

• When partnering with a lawyer, you are able to include specific details and information that the online forms do not allow you to include due to space limitations or lack of fields on the forms.

• Online will services also try to “up sell” customers through the process – the low cost offer is often a “hook” for more expensive packages. Almost all estate planning attorneys offer an upfront, flat fee for their wills.

• As your life situations change, your lawyer can easily help you update and change your legal plan as needed so that it to best protects your loved ones and assets. Online forms cannot do this.

• An attorney will keep your will in a locked safe. Online sites always have the potential for being hacked and your personal information compromised.

• An attorney will help you identify ways to minimize your tax liabilities upon your passing. Online will services typically do not provide this feature.

Easier For Your Family

Once your will needs to be executed, your family will need to hire a lawyer. By engaging a lawyer now to assist you with writing a will or estate plan, you are helping your family later as your family will not need to find an attorney to execute your will and they will already be familiar with your attorney.

Protecting Your Loved Ones

When it comes to protecting your family and assets, we recommend investing in the process of writing your will and partnering with an attorney to prevent any future headaches or heartaches. A will is a “living” document that’s designed to protect those you love most, and it deserves more than a generic form that can be completed in minutes. Your life is not generic – neither should your will.

We Can Help

We’re here to help. Our attorneys have extensive experience with helping individuals, families and families with special needs children create legal plans that best protect their assets and their loved ones.

Contact DJ Jeyaram at DJ@JeyLaw.com or 678-325-3872.

 

Sending One More Message To Loved Ones After You Pass | How To Create A Legacy Statement

Legacy StatementsMy wife would give anything to hear her mom’s voice, to see her smile or read a letter from her one more time.

Sadly, my wife’s mom suddenly passed away more than 20 years ago at the age of 43. The most cherished memories my wife has of her mom are the stories her mom would tell my wife about her own childhood.

As with all things, those memories fade over time and when the teller of the tale has passed, details are sometimes lost forever. As a result, my wife and I have included Legacy Statements as part of our wills.

Heartfelt Messages For Loved Ones 

Legacy Statements can be a part of your estate plan and are an opportunity to tell loved ones stories or messages that you do not want lost when you pass. Things like your favorite memories, what you had hoped to accomplish in this life, as well as your hopes and dreams for your children. Your Legacy Statement can also explain why you made certain choices or it can simply be a heartfelt message for loved ones to cherish.

You can video tape, tape record or write your messages. I’ve also had some clients include favorite photos of their loved ones with a special note on the back of the photos. Legacy Statements are such a meaningful way to preserve your legacy, and that of your family, after you pass. It’s also a way to pass on family traditions and history.

Creating Your Legacy Statement Is Not A Sad Process 

The process of creating a Legacy Statement does not have to be a sad affair. In fact, many of the stories I see preserved are memories of a happy childhood, a secret recipe finally revealed or, in one funny instance, the differing views of the parents’ first date together!

As a first generation American, my personal statement is the story my father told me about his flight abroad and his first day in America. He left everything he knew and loved to chase the American dream. He arrived in New York with no money and only one suitcase – but a heart full of hope and determination. I want my children and their future children to understand where they came from and why they are here. That is the importance of legacy.

Legacy Statements Give Comfort To Your Family

So while we do not have any control over when we pass, we can leave a positive and meaningful impression on future generations. Legacy Statements allow those grieving a respite from the pain and sorrow and give them something positive to hold on to. It gives them a sense of peace and comfort.

As a wills, trusts an estate lawyer, I love nothing more than seeing the comfort Legacy Statements bring to family and friends. It gives them a chance to hear from you – one more time.

We Can Help You

Our attorneys have extensive experience in creating wills and legacy statements and will help you through the process step-by-step. Please contact to DJ@JeyLaw.com or 678.325.3872.

Someone You Love Have Alzheimer’s? Here’s Why They Need An Advance Medical Directive

Advance Medical Directive

Why An Advance Medical Directive Is Important

My wife’s grandfather (we call him Opa) has the last stages of Alzheimer’s. I remember meeting him more than a decade ago and he was vibrant, funny and loved to sing.

Now, at almost 90 years old, he does not remember me and spends his days in bed asking the same questions over and over and over.

Recently my wife called to check on Opa and he was crying hysterically. She asked him what was wrong and his sobbing reply was, “Didn’t they tell you? Your grandmother is gone. She’s gone.” And then he hung up the phone.

Of course, my wife called back immediately and her grandmother answered the phone. She had been standing next to Opa (my wife’s grandfather) the entire time and clearly she was alive and well. However, what was not well was Opa’s memory.

It was heartbreaking to say the least. My wife was visibly upset. She has traveled numerous times to help him when he became sick or was hospitalized. Her grandparents live about 2 1/2 hours away.

But with a young family of our own –  including a special needs child – it’s hard for her to get away. That’s where having an Advance Medical Directive in place has been extremely helpful. Even if my wife cannot be there in person, she can at least talk to the doctors and help make decisions on Opa’s behalf.

Thankfully, before Opa’s Alzheimer’s had progressed too much, he agreed for my wife to be his Healthcare Agent and give her the legal authority to make medical decisions on his behalf.

Advance Medical Directive – Why You & Loved Ones Need It 

An Advance Medical Directive is also known as a health care proxy, durable power of attorney, medical power of attorney, or healthcare agent. The purpose of an Advance Medical Directive is to legally enable an individual to make decisions on your behalf if you cannot speak for yourself or express your wishes about your health. It also helps those individuals and your healthcare providers know about your treatment preferences. Examples of being unable to make medical decisions for yourself include:

• Permanent illness like Alzheimer’s

• Incapacity

• A coma or persistent vegetative state

• If you are having an outpatient surgical procedure and are under general anesthesia

Hospitals, doctors and other health care providers must follow your Advance Medical Directive’s decisions as if they were your own but only if the Directive is properly executed.

By having an Advance Medical Directive, a doctor clearly knows whose direction is to be followed in the event your family disagrees as to what medical treatment you would want.

When Should You Set Up An Advanced Medical Directive?

Now. The unexpected in life happens. It happened to one of our good friends. Our friend received a call that her husband had been in a car accident and was unresponsive. He ended up being in a coma for three weeks. Thankfully there was not a dispute between our friend and her husband’s parents. However, if there had been a disagreement about his medical care, an Advance Medical Directive would have been critical.

Opa named my wife as his Healthcare Agent in his Advance Medical Directive during the early stages of his diagnosis. This is important. If he had signed the document during the final stages of Alzheimer’s, the legitimacy and legality of the Advance Medical Directive could be challenged in court if there was a disagreement within her family about his medical treatment. This is why putting documentation in place before you need it is very important.

How Do You Set Up An Advance Medical Directive?

All 50 states have forms online where you can establish an Advance Medical Directive. However, the state forms do not always address the important nuances of your healthcare decisions. For example, if you are incapacitated and unable to communicate, but not terminal, what do you want your life to look like? Do you want to be somewhere you can have a pet? A room with a view? NetFlix? By having an attorney help you set up an Advance Medical Directive, you ensure that your wishes are complete and clear to everyone involved.

Where Do You Start? 

Start having conversations with your loved ones about your medical wishes. These are not easy conversations, but they are important to ensure that your desires are enacted should you be unable to make decisions about your health.

And if someone you love has Alzheimer’s or other permanent or terminal illness, it’s important to put into place an Advance Medical Directive before their health significantly declines.

Contact Us

Our attorneys specialize in setting up an Advance Medical Directives. I have more than 20 years healthcare experience – working with medical professionals and individuals who need medical help. Further, we’ve personally been through the process with our own families. I can be reached at DJ@JeyLaw.com or 678.325.3872.

 

5 Things People Forget to Include in Their Will

DJ Jeyaram is quoted in this article published on GoBankingRates and Philly.com. Congrats DJ!

Article by Alaina Tweddale

Many people overlook writing a will until they become parents, launch a business or buy a first home. And even when they do finally craft this important document, estate and financial planning experts say, it is easy to overlook some important details.

We uncovered the biggest things people overlook when drafting a will. Find out if you’re missing a one of these key elements.

1. Alternate Beneficiaries

While most wills include at least one primary beneficiary, it is a common mistake to fail to prepare for a backup plan in the event the beneficiary predeceases the testator.

Furthermore, “it is important to consider whether a beneficiary is capable of inheriting the asset and can manage the asset properly,” said Sandra Martin Clark, partner at the law firm of Manning, Fulton, & Skinner in Raleigh, North Carolina.

Martin Clark says some reasons a loved one should be passed over for beneficiary status include:

  • Age
  • Mental capacity
  • Inability to properly manage assets

“Oftentimes, after a will is drafted and signed, the document is never looked at again until someone has passed away. At that point, it is too late to correct any error or consider a more appropriate planning opportunity,” said Martin Clark.

If the testator’s intent is unclear, or the beneficiary is a minor or found to be incompetent, it can be overwhelmingly difficult and costly to find a solution, Martin Clark said.

2. Provisions for Digital Assets

Digital assets are among the most important things left out of wills today, said Steven J.J. Weisman, an attorney in Amherst, Mass., professor who teaches estate planning at Bentley University, and author of “A Guide to Elder Planning.”

Websites, domain names and online accounts can all have economic value. Planners should also include account numbers and passwords within a will.

“So much of what we do is online or on our computers,” said Weisman. “Without the proper user names and passwords, as well as authorizing someone to have access to these matters, the estate can be severely compromised.”

Information for social media accounts can be important. Although there may not be a monetary value associated with a Twitter handle or a Facebook account, it can be awkward for loved ones to see greetings or birthday wishes posted to the deceased’s wall or news feed.

3. Prearrangements for Pets

Although you cannot leave assets or property directly to a pet, you can – and should – specify a caregiver for your pet, said David Walters, a certified financial planner and portfolio manager with Palisades Hudson Financial Group in Portland, Ore.

Consider naming a secondary caregiver in the event the primary caregiver is unwilling or unable to care for your pet, Walters added. Pet owners can even name a beneficiary for assets earmarked for the care of your pet.

If you do not make any specific provision for your pet’s care, the arrangements may become a source of contention among your loved ones. In the worst case, your pet could end up in a shelter,” Walters said.

4. A Personal Property Memorandum

Personal property mementos can be the most prized items in the estate of a parent or loved one.

“Sometimes, what people fight over are the least valuable items,” said Erik Hartstrom, attorney with Estate Plan Pros in Elk Grove, California.

Examples include a grandfather clock, Mom’s favorite costume jewelry, or even a $1.50 tchotchke Dad kept lovingly tucked in his dresser drawer.

An estate that has heirlooms worth a substantial amount of money can exacerbate the problem.

When there is no written personal property memorandum affixed to the will, beneficiaries may quarrel and sometimes even fracture long-standing relationships.

“Have a conversation with your beneficiaries and find out what is meaningful to each,” said Hartstrom. “You may be surprised.”

5. Trustee and Guardian Designations

It is critical to keep contact and designation information about trustees and guardians up-to-date, said Atlanta-based estate planning attorney DJ Jeyaram.

“This is especially important if both parents or a single parent suddenly passes and there are minors involved,” he said. “The guardians need to be immediately notified to ensure proper care of the children.”

A named trustee and guardian don’t have to be the same person. Without explicit instructions, an unintended new guardian may raise a child, or care for an incapacitated adult. Assets intended for the care of the minor can transfer to someone the deceased did not prefer.

In a worst-case scenario, said Jeyaram, “the children may be put into state custody.”

When you’re ready to put your final wishes on paper, thoroughly consider how you want all aspects of your estate handled – even the seemingly insignificant items. An experienced estate attorney can help you determine all the items you may want to consider when planning your will.

Congratulations To Jeyaram & Associates For Being Featured In The Business News Daily

Reprinted with permission from the Business News Daily
Special Needs Trusts

 

Owner DJ Jeyaram Esq. shared the story behind Jeyaram & Associates, a family-focused law firm that specializes in special needs trusts, wills, estate planning and healthcare legal services.

My son Kai, pictured in this photo, was born with a rare genetic condition called Williams Syndrome. He brings us an amazing amount of joy despite all of his challenges.

Soon after my son was born, we realized that we needed a plan to protect him in case anything happened to me or my wife, so we began offering special needs trusts, which help protect children’s current and future government benefits.

I started my business in 2007 after working at a large law firm. I realized that most special needs families could not afford my big firm rates and I was forced to refer these families to small firm attorneys that did not necessarily have the proper training to set up a special needs estate plan. Three months later, I hung out my shingle and have successfully been in business for more than 8 years. It’s been one of the best decisions I ever made.

One of the biggest challenges we face is limiting the number of pro bono cases we take every year. Because we have a special needs child and are ingrained in the special needs community, we meet a lot of families that need legal help but don’t have the necessary resources. We want to help everyone because we always think ‘That could be us.’

Most Important Item On Your “To-Do” List That Never Gets Done: Create A Will

Wills, Trusts and Estate PlanningEveryone, yes, everyone, needs a will, trust or estate plan. Most of us know we need a will. Most of think about it. And then we put it on our “To-Do List” and forget about it until we hear about someone who recently lost a loved one. And then we think about it again, and put it back on our “To-Do List” – only to forget about it again.

However, completing a will, trust or estate plan is one of the easiest things you can do to protect your loved ones and your assets.

Jeyaram & Associates can help you protect what’s most important to you with a will, trust or estate plan. We’ll walk you through the process, step-by-step – without all the legal jargon. No one likes to think about dying, but having a legal plan in place can make your passing much easier on your loved ones.

Contact DJ Jeyaram: DJ@Jeylaw.com or 678.325.3872

A New Year’s Resolution You Can Keep – Create A Will, Trust or Estate Plan

According to a University of Scranton psychology study, only 8 percent of Americans who make New Year’s resolutions will will keep them. Top New Year’s resolutions include losing weight, getting organized, falling in love, and enjoying life to the fullest.

What’s missing from the top ten list is a resolution to keep loved ones safe and plan for the future. This resolution can easily be achieved by putting into place a will, trust or estate plan. And while most of us try NOT to think about dying, establishing a will, trust or estate is an important step in ensuring that our loved ones will be protected and cared for upon our passing. Too often we’ve seen families devastated by the lack of planning for the future.

Jeyaram & Associates offers wills, trusts and estate planning and can help you protect what you love most. Contact DJ@jeylaw.com or 678.325.3872