On Sunday, April 28 at 10:30 p.m, Evan H. Farr, CELA will be the guest on "Of Consuming Interest" hosted by Shirley Rooker, radio host and President of Call For Action, Inc. On her show, Ms. Rooker typically interviews top government officials, CEOs, and experts in their respective fields about topics that are of interest to consumers.
Mr. Farr, one of the leading Elder Law Attorneys in Virginia and foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts will talk all about the Living Trust Plus(TM), and how adult children can avoid becoming responsible for the nursing home care of their parents.
Ask the Expert- What Will Happen to My Virtual Belongings Should the Unthinkable Happen?
Published: Fri, 04/19/13
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Ask the Expert- Your Elder Law Questions Answered by Evan H. Farr, CELA |
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Ask the Expert- What Will Happen to My Virtual
Belongings Should the Unthinkable Happen?
 Q. I am pretty technologically savvy and I have photos of my grandchildren on Picasa, my own Google blog, documents saved on Google Docs, and a Facebook account. Is there a way to plan for what will happen to my online documents and virtual belongings if I become incapacitated or pass away?
A. Deciding what happens to your online data is easy-to-do and will bring peace of mind to you and your loved ones, should you become incapacitated or pass away. Google and Facebook have made it a simple process by launching tools that let you decide what happens with your accounts should the unthinkable happen.
Should something happen to you, you may want your photos, emails, and documents to be shared with a trusted friend or family member, or you might want your account to be deleted entirely. Whatever the reason, you can decide what happens after your account becomes inactive for a certain period of time (3 months- a year) by using the Google "Inactive Account Manager" tool to manage your "digital afterlife". By changing your settings, you can direct Google to pass on data from online venues such as Google Drive, Gmail, Picasa, YouTube, or social network Google+ to particular people or be deleted after being dormant for too long.
The feature was added as people increasingly trust their data and memories to online social networks, data storage facilities, and other services hosted in the Internet "cloud." Google says planning for your "digital afterlife" is important to the people we leave behind and it helps protect a person's privacy and security. To configure your settings on Google click here.
For your Facebook account, the family of a deceased loved one can "memorialize" the account to protect your privacy. Here are some of the key features of memorialized accounts:
Facebook encourages users to create a Page to memorialize an account. Learn how to request the memorialization of a deceased person's account.
Laws in the United States and elsewhere are vague on the fate of digital rights to online accounts after death, leading to complications for survivors who want access to the online services of the deceased. In one case that drew considerable attention, the family of a U.S. Marine killed in Iraq went to court in 2005 after being blocked from getting access to his Yahoo email account, with the company arguing that it could not release "private" information and that the account was "non-transferable" under terms of service.
Another way to protect digital accounts would be specifying digital assets in your estate planning documents and specifically giving control over these digital assets to your executor or trustee, who could then take over upon your death. An easier way is to store all of your digital user names and passwords in a secure password safe, such as keepass or lastpass and give your executor/trustee the password and location of the password safe or the means to locate your master password, such as by writing down your master password and putting it in an envelope in your safe deposit box.
Now that you know how you can plan for your online documents and virtual belongings, do you have a plan in place for what will happen to you if you become incapacitated? Every adult over the age of 18 should have an Incapacity Plan that includes a Financial Power of Attorney, an Advance Medical Directive, and an Advance Care Plan. If you don't have an Incapacity Plan in place, now is the time to get started. Call us today at 703-691-1888 to set up an appointment for a no-cost consultation.
 Critter Corner- Featuring Commander Bun Bun
 Dear Commander Bun Bun,
I am contemplating setting up an appointment for a free consultation with Mr. Farr. I have been putting off our planning for a while, but am almost convinced I should start planning for myself and our loved ones sooner rather than later. Before I come in, I have some preliminary questions I am hoping you could help answer. Please see below.
Thanks!
Alex Blaine-Layder
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Dear Alex,
I spend a lot of time in the office and have learned a lot living here. Below are your questions and in "carrot" orange are my answers. When you meet with Mr. Farr and explain your situation, he will provide more detailed answers that are specific to your situation.
1. What age should I be to see an Elder Law Attorney?
There is no minimum age to seek the advice of an Elder Law Attorney. Elder Law Attorneys often address issues concerning medical conditions, disability, incapacity and medical expenses, as well as traditional estate planning. These issues concern clients of all ages.
2. My neighbor said she did her Trust and Power of Attorney on the internet. Should I do that?
Legal documents such as Trusts and Powers of Attorney should always be prepared by an experienced and preferably Certified Elder Law Attorney, such as Evan H. Farr. Online documents typically have numerous problems including inaccurately reflecting your wishes and not addressing important issues, such as asset protection and tax issues that a client would not even know to think about. It is important to understand that not all Power of Attorney documents are the same -- there are no "standard" forms. A Power of Attorney can be customized for every individual based on that individual's desires. From an Elder Law perspective, the most important provisions in a General Power of Attorney are "asset protection powers." These powers include, among other things, the ability of your agent to make unlimited gifts and the ability of your agent to establish, fund, and terminate all types of trusts, both revocable and irrevocable. These asset protection powers can be essential for implementing important asset protection strategies if you become disabled or need long-term nursing home care and want to avoid having to go broke paying for nursing home care. Most Power of Attorney "forms" that you will find on the internet or obtain as part of your basic estate planning done by an estate planning attorney or general practice attorney do NOT contain these vital asset protection powers. Typically these essential asset protection powers are provided only if you have your Power of Attorney prepared by an experienced Elder Law Attorney, preferably a Certified Elder Law Attorney.
3. I have estate planning documents that I had done 15 years ago, but I got remarried since then. Are they still good?
Everyone should have their estate planning documents reviewed periodically (read blog post "When is the Right Time to Update your Estate Plan") and certainly when they have a change in their marital status.
4. My father may soon be going into a nursing home. Will my mother lose everything?
If one spouse needs nursing home care, there are many options available to protect the assets of the spouse remaining in the community. 5. My accountant said my husband and I should have a Living Trust. Should we?
Almost certainly yes. A Living Trust is the basic estate planning tool used to avoid probate. The real question is whether you should have a regular Revocable Living Trust or the Living Trust Plus(TM). Everyone's situation is different and although the Living Trust Plus(TM) offers many significant benefits to most people, it is not for everyone. 6. If I only have a house and some bank accounts, do I need to do any planning? 7. Can I do my father's Medicaid application myself?
If you're most people, your house is probably your single largest asset, especially if you live here in Northern Virginia. This should not be ignored and absolutely should be a part of your estate plan / asset protection plan. Preparing and submitting a Medicaid application is extremely complicated and a much is at stake when applying for Medicaid. If an application is denied, the applicant will be personally responsible to pay the nursing home, which often costs $10-12K per month. Professional help from a Certified Elder Law Attorney, such as Evan H. Farr, should be sought for this process.
Hope this was helpful in answering your preliminary questions. For more specific answers to your questions and to discuss options regarding your specific situation, you should make the appointment for a free consultation with the Fairfax Elder Law Firm of Evan H. Farr, P.C. at 703-691-1888. Be sure to visit and pet me and the other adorable animals while you are here!
About Commander Bun Bun Commander Bun Bun is a year-old Holland Lop rabbit that belongs to Grace Everitt, one of our Asset Protection Paralegals at the Farr Law Firm. In the past, Grace used to raise rabbits for pets and show in Florida, and Commander Bun Bun was the runt of her last litter. As a baby, Commander Bun Bun's mother accidentally bit off her tail and then stopped feeding her. After being hand-reared by Grace, she is now a completely happy and healthy little bunny. Commander Bun Bun loves to be held like a baby and to have her tummy rubbed. You can often find her resting under Gracie's printer table. She enjoys all of the attention (and, of course treats) she gets from staff and friendly clients at the firm. We encourage you to visit us and meet her and our other extraordinary critters. |
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