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Longevity Causing Estate Planning Problems, Elder Law Attorney, Woodstock, GA


People are living longer and longer than they used to. While that is a great thing, it is beginning to cause issues for many estate plans, especially when trusts are involved.

It used to be that most people received their inheritances from their parents when they were in their 40s and 50s. Now, however, with people routinely living into their 80s and 90s, many children do not receive an inheritance from their parents until they are in their 60s and 70s themselves.

This causes many problems with estates, especially with trusts set up decades ago, as Barron’s reports in an article titled When Longevity Upends Trusts.”

The biggest issue is that the children are not receiving the inheritances when they need them the most. Instead, they get the inheritances when they’ve already reared their own families and perhaps even retired.

This can cause family tensions.

One solution to the problem is for the parents to make more use of the gift tax exemption and give to their children when the money is needed. However, with parents living longer it can be difficult to judge just how much money they need to keep for their own expenses.

Consequently, estate plans need to take into account expected lifetimes.

If your estate plan contains a trust created decades ago, you should contact an experienced estate planning attorney. You may want to revisit your estate plan to account for the expected increase in your longevity.

Reference: Barron’s (November 29, 2014) When Longevity Upends Trusts

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I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

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The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

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Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

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Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

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