PaperworkPaperworkWhat Should I keep? Sorting through the paperwork of a deceased loved one is a daunting task. It is important to know what to keep and what to discard. Here are some helpful tips.  Deeds, Titles and Vehicle RegistrationsDeeds and titles to property may not be obvious on the face of the document so it is important to read everything carefully. Keep anything that has a legal description (Lots and Blocks or Metes and Bounds), a vehicle identification number (VIN), contains the word title, deed of trust or warranty deed.  ReceiptsSome property does not have a title such as a tractor, farm equipment or certain recreational equipment. In such cases, keep the purchase receipts for this type of property. It will be useful if there is a question about ownership, the value of the property or the date it was purchased.  Bank RecordsSave all bank records and statements. These will be valuable if a dispute arises about ownership of an account, payments or distributions made from the account and to whom. Shred unused checks.  Retirement AccountsSave all statements and records pertaining to the decedents individual retirement accounts (IRAs), 401(k) plans or pension plans.  Life Insurance PoliciesSave all life insurance policies.  Social Security Paperwork and Earning StatementsSave information about the decedents Social Security account or earning statements.  Cancel the Decedents Credit Card Accounts Nowadays, identity theft is a huge issue. Contact Experian, Equifax and TransUnion to report the death of your loved one. Request the credit report be flagged as Deceased. Being proactive prevents a lot of hassle later on.  Cancel all credit cards in the deceased persons name. Also, there may be questions about the credit card purchase of certain items or property. Save credit card statements until probate of the decedents estate is complete.  Documents that contain the decedents Social Security NumberIf you find any documents with the decedents Social Security Number and you make a determination that the documents are not going to be saved, make sure it all gets shredded.  Tax RecordsKeep the decedents tax records. There may be a question about real property valuation, exemption or other issues that can be resolved by information in a tax return.   Loan PaperworkKeep all loan paperwork including loans on property or a loan the decedent made to a relative, friend, individual or organization. This may show that there is outstanding debt or money owed to the decedents estate.  Business AgreementsSometimes people have business agreements that have been documented in writing. Such agreements may contain a succession plan, what should happen with business equipment or property, or what should happen upon the death of a business partner.  Military RecordsSave all military records just in case there are benefits owed to a survivor such as a spouse, dependent child or disabled child. Some benefits are dependent upon verification of military service during war time which occurred prior to the advent of computer records. This includes photographs taken during wartime.  Birth and Marriage CertificatesSave all birth and marriage certificates. Again, for certain benefits for survivors, such certificates may be needed.  Timeframe for Keeping PaperworkIt is advisable to keep these potentially important documents until the estate of the decedent is settled, at a minimum. Otherwise keep them at least seven years and longer if possible, especially if real estate is involved.  Contact Your AttorneyYour attorney will ask you pertinent questions and give you advice about what records to keep.  You should also review your own estate plan documents to make sure they are up to date and reflect your current wishes.  This article was written by Donna A. Schuyler, Attorney, who practices in the areas of estate planning, elder law, guardianship, and probate. Donna Schuyler Law, PLLC; elderlawboise.com. Phone 208-344-1947

A  Will or Trust: Which is Best for You?When it comes to deciding whether a will or trust is best for you, it is important to understand your options and which one is most appropriate for your situation.WillA testamentary will (simply referred to as a will) is a legal document used to transfer an estate to beneficiaries after the death of the testator (a male person making the will) or testatrix (a female person making the will). Within the will, the testator or testatrix usually names a personal representative (same as an executor) for the estate. For a will to be valid in Idaho, it must meet specific requirements under Idaho law. Revocable Living TrustsA person, during his or her lifetime, may create a revocable living trust whereby the grantor (the person making the trust), trustee (the person who has legal authority to manage the trust assets) and beneficiary (the person who makes use of the trust assets) are all the same person.  After the grantor dies, depending on the trust instructions, the trust assets may be distributed outright or held within the trust and distributed over time or upon the happening of a designated event. Revocable living trusts may be appropriate for persons who own real property in more than one state or have a blended family where spouses have children from prior relationships.Testamentary Trusts A testamentary trust is a trust within a will. A testamentary trust is created upon the death of a person as specified in his or her will. The testamentary trust holds assets within the trust instead of outright distribution to a beneficiary. A common scenario is when parents create a testamentary trust to hold assets for the support of minor children or for college education for children until they reach a specified age. A testamentary trust can also hold assets for the special needs of a disabled child who receives government benefits. Does Having a Revocable Living Trust Eliminate Probate?To avoid the probate process, all assets must be transferred into the name of the revocable living trust. A common misconception is that a list of assets attached to the trust document accomplishes a transfer to the trust. However, the correct way to transfer assets requires an actual change to the title of assets including a home, certificate of deposits, bank accounts and brokerage accounts. Upon death, any assets titled in the name of an individual, not the trust, will be subject to the probate process. For this reason, when a person creates a revocable living trust, it is best to also create a will, called a pour-over-will, as a safety net to assure that upon death any assets titled in the name of an individual are transferred to the trust and distributed accordingly. In Idaho, generally speaking, the probate process can be quite simple and relatively inexpensive.A New or Updated Estate PlanWhether a will or trust is appropriate for you depends on your circumstances. If you already have a will or trust, it should be reviewed periodically to make sure it reflects your current wishes and needs or upon any significant change in your life such as divorce or death of a spouse or beneficiary. Other important estate planning documents include a general durable power of attorney, living will and durable power of attorney for health care. This article was written by Donna A. Schuyler, Attorney, who practices in the areas of estate planning, probate, trust administration, elder law, and guardianship. Donna Schuyler Law, PLLC; www.elderlawboise.com; Phone 208-344-1947

In our tranquil corners of the world, where generations build legacies, we often find ourselves at a crossroads one that leads to choices that impact not just our finances but our familys future. Today, lets journey together and explore the age-old question: Wills vs. Trusts. Which path is right for you?The Legacy of Love and SecurityFor many, this journey begins with the dawn of financial stability. As your hard-earned assets grow, so does the desire to protect and secure them. Its not just about the numbers; its a promise of love, devotion, and the legacy you intend to leave behind.A well-crafted will is like a love letter to your family. It ensures that your assets are distributed according to your wishes, providing your loved ones with the financial security they deserve. It offers peace of mind, knowing that your legacy is well-guarded.Yet, here in York, we understand that privacy and efficiency matter, too. This is where trusts come into the picture. A revocable living trust, for example, offers the privilege of sidestepping the often lengthy and public probate process. With a trust, your assets are distributed privately, sparing your loved ones from unnecessary stress and public scrutiny.Embracing the Golden Years with GraceNow, lets consider the beautiful chapter of our lives when we move gracefully into our golden years. For many seniors, the prospect of skilled nursing facility care can be daunting, both emotionally and financially. Its a time when you want to ensure that your lifetime of hard work doesnt disappear in the blink of an eye.Wills and trusts play pivotal roles in Medicaid planning. But when it comes to securing your legacy while obtaining Medicaid benefits, trusts, particularly irrevocable trusts, can be life changing. These trusts enable you to preserve a legacy for your heirs, all while qualifying for Medicaid Assistance. This decision is more than just financial; its about preserving dignity and providing your loved ones with the peace and security they need during this chapter of life.Building a Strong Foundation for the FutureAnd for our young families, life is a whirlwind of dreams and aspirations. Amid all this, you must ensure your childrens future is secure. Your primary concern is their well-being, their dreams, and their security.Wills are the fundamental pillars of estate planning. They allow you to name guardians for your children, should the unthinkable happen. Its a promise that their future will be safeguarded.But, for those who seek to go above and beyond, revocable living trusts can provide an additional layer of protection. These trusts help you manage your assets efficiently, ensuring a seamless transition for your children if something were to happen to you. Its about laying a foundation for their future, one built on love, security, and opportunity.The Choice is PersonalThe choice between wills and trusts is deeply personal. It depends on your unique circumstances, your familys needs, and your dreams for the future. No matter where you are on your lifes journey, were here to guide you, to connect your hearts desires with the path you choose.This isnt just about assets; its about your legacy of love, security, and dreams fulfilled. Were here to help you make the right choice for your family, and together, we can build a legacy that will stand the test of time.