How can I leave a substantial money gift for a healthcare (in home) worker? 9 Answers as of September 20, 2013

I understand that a new law was passed stating that I could not leave her anything in the trust.

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Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
It is much more complicated. It need to be certified by an attorney, you will need doctor's evidence. I suggest you work with an experienced estate planning attorney in the area. DO NOT try this yourself, you will NOT be successful. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answer Applies to: Nevada
Replied: 9/20/2013
Law Office of William Stoddard | William Stoddard
Are you speaking of a revocable trust? There are rules on beneficiaries of such trusts. But are you making a will and have plans to not put an account into the trust? Set up an account that you provide for in the Will that said account with x bank is bequeathed to Mary Jane. You can in the Will also designate your wishes for the furnishings and other tangibles which are not really the kinds of things you want to go into a trust.
Answer Applies to: Washington
Replied: 9/20/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
The gift could be left to the person in a will, in addition to the trust, as prepared by an attorney for your financial; however, prior to signing your financial plan documents, the attorney would engage a separate attorney to consult with you, and have you sign a declaration, the estate plan documents you are signing, have been fully explained to you, you understand their legal effect, and have your signature witnessed, by two independent witnesses, and that you are willingly signing the documents, that you are not being influenced by anyone, or have not ingested drugs or and other mind altering substance; the declaration would become part of the estate plan.
Answer Applies to: California
Replied: 9/20/2013
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
I'm not aware of such a law. Put the gift in your will, if that is what you want to do.
Answer Applies to: Oregon
Replied: 9/20/2013
Frederick & Frederick PLC | James P Frederick
I am not aware of any law preventing you from leaving money to whoever you like. The potential problems are the same as with any gift. You should handle this through your lawyer to diminish any challenges relating to undue influence or lack of capacity.
Answer Applies to: Michigan
Replied: 9/20/2013
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    Yes you can - assuming you have assets to fund such a gift. Talk with your attorney to determine the best mechanism for doing so. Business Card Disclaimer: The response above does not form an attorney-client relationship, nor is it intended to be anything other than the opinion of the author. It should not be relied upon as legal advice.
    Answer Applies to: Indiana
    Replied: 9/20/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It must be a law in your state. I can understand part of the basis for that because a number of people that need home health care are not mentally strong and may be subject to undue influence by their caregiver. Having said that, talk with your attorney. I would think a lump sum gift may be doable.
    Answer Applies to: Idaho
    Replied: 9/20/2013
    James Law Group
    James Law Group | Christine James
    You can leave her a gift in trust, but you need to go to an attorney, have it drafted into the trust, and meet with a second attorney to go over your wishes and have what is called a Certificate of Independent Review done. The attorney will walk you through each step, just go to an attorney and they will guide you.
    Answer Applies to: California
    Replied: 9/20/2013
    Attorney At Law | James G. Maguire
    There is no law prohibiting the inclusion of a health care worker in a will or in a trust.
    Answer Applies to: Louisiana
    Replied: 9/20/2013
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