Law Office of Paul Black - September 2018

Law Office of Paul Black - September 2018

404.410.6820

www.Georgia-EstateLaw.com

September 2018

A HISTORIC CASE: The Difficulties of Passing On a Plantation

W orking in elder law, I’ve learned that people treasure all sorts of things. What may look from an outsider’s perspective like a simple trinket can prove to be a deeply important family heirloom. Helping pass on these items of rich personal significance to the next generation has always been one of the most important parts of my job. But one year, I had the opportunity to help pass on a piece of property that stood at the juncture of family importance and public historical significance. A client in his 90s had come to me in an effort to keep his home in the family. But this was no ordinary house; it was one of the oldest plantations in the state. Sitting at close to 2,000 acres, this property had been in my client’s family for generations. Unfortunately, the aging owner had no spouse or children to be granted survivor’s rights. Hungry real estate developers were already beginning to circle, wanting to buy the property and subdivide it. I say important without meaning grand. Plantation houses are a dark reminder of the most egregious chapter in our nation’s history. But as painful as our state’s legacy of slavery is to face, the last thing we should ever do is gloss over or tear down the evidence of that institution’s existence. The deep wounds left by chattel slavery are still healing to this day. Concealing those scars of oppression only benefits future oppressors.

However, maintaining this historic property while also keeping it in the client’s family would prove difficult. Like many facing the estate planning process, this client was less than enthusiastic about having other people involved in his affairs. But he came to realize that his peace of mind over maintaining this historic heirloom outweighed his need for independence. That’s when he reached out to extended family for help. If you’ve been in my office for any extended period of time, you’ll know I have a mantra: “Your people are your plan.” We can draft the tightest legal documents and the most airtight estate plans, but none of that means anything if you don’t have trusted family or friends willing to step up to the plate. Thankfully, this elderly gentleman had extended family members who were able to help him in his time of need. The client had someone in the family with the passion and work ethic to preserve and maintain his interests and health in his later years. Thanks to the actions of this family member, the man was in a far less vulnerable situation than he had been previously and was able to actively pursue his estate planning goals. Both he and his cousin were determined to find the right fit for the plantation — someone in the family with the gumption to preserve and maintain such a sprawling historic property.

As our law office often does for vulnerable clients, we threw ourselves into researching the man’s remaining extended family and were able to reach out to a niece. Thankfully, this niece and her husband were willing to take on the monumental responsibility. Having a 2,000-acre piece of state history suddenly become your responsibility is a little more troublesome than having an unwanted china set bequeathed to you. Together with the client and this young couple, we were able to draw up an estate plan that ensured the property would get the care it needed while remaining in the family. I cannot emphasize how much these young folks stepped up to the plate. They committed to the preservation of the property and have placed much of it into a conservation easement to protect it from development. It all goes back to my mantra: An estate plan is nothing without caring, compassionate people. As unique as this case was, at the end of the day, my team and I treated it like any other. National historic significance or no, each one of us has treasures. It’s our job to help you

ensure they are passed on to the right people who will treat them with the care and respect they deserve.

-Paul Black

Do you have estate planning or elder law-related questions? Write to me at [email protected] with Asked and Answered in the subject line. Your identity will be kept confidential. The opinions offered in this column are not intended to replace or substitute any financial, medical, legal, or other professional advice.

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NEW AND REDISCOVERED PASSIONS IN LATER LIFE

A Guide to Picking a Post-Career Hobby

Aside from financial concerns, the No. 1 question that most impending and recent retirees struggle to answer is how they will fill up all their time. While spending time with family and relaxing are priorities for most folks entering the post-career chapter of their lives, these aren’t enough to fill up the bulk of your newly acquired free time. Cultivating a hobby is a great use of your time at any age, but especially during retirement. As Dick Van Dyke once said, “To me, retirement means doing what you have fun doing.” Here are three questions to help you discover a hobby that’s right for you. DO YOU HAVE A DORMANT PASSION? Work has a tendency to put our other interests on the back burner. Maybe you painted for pleasure during college but put the canvas away to focus on your career. Perhaps you were once a chess fanatic, and today you find your board gathering dust from lack of use. Now is the perfect time to rediscover those once-beloved activities. WHAT HAVE YOU ALWAYS WANTED TO DO? Discovering new hobbies is just as rewarding as rekindling old ones. Have you ever heard about a pastime and thought, “I’d love to do

that, if only I had the time”? Former NFL quarterback Drew Bledsoe opened a winery after retiring from football. While you probably

don’t have the financial resources of a professional athlete, there’s nothing stopping you from pursuing a newfound passion at the same velocity as the footballs Bledsoe threw. IS THERE A CAUSE YOU WANT TO SUPPORT? Volunteer work can be incredibly fulfilling, especially when you have the time and energy to devote to it. Many older adults find that giving back to the community adds meaning and purpose to their lives. The best way to figure out how to donate your time is to think about a cause dear to your heart. From there, find a reputable organization that supports said cause, and see what you can do to help. Retirement is the perfect opportunity to throw yourself head-first into something you’re passionate about. So what are you waiting for?

Asked and Answered:

A Legal Advice Column Not all assets are created equal. A recipient’s primary residence and one vehicle are exempt assets. In contrast, bank accounts and cash are countable assets. A special needs trust (SNT) is a vehicle for

Dear Paul, My adult son, now in his 40s, has had developmental disabilities since birth and receives SSI and Medicaid. Can you explain why he needs a special needs trust, and how one works? I have heard so much information and I just want a concise overview. Thank you! –Diligent Dad Dear Diligent, Here are some basics you’ll want to know: Many government benefits such as Supplemental Security Income (SSI) and Medicaid are means-tested, i.e., the recipients must have limited income and assets. An SSI recipient, for example, cannot have more than $2,000 in countable assets in his name without jeopardizing his eligibility.

state Medicaid agency. Disallowed expenses must be reimbursed. A trust funded with the beneficiary’s own money (often from a settlement) is a first-party trust, and it must include language that the state Medicaid agency (here, the Georgia Department of Community Health) will be reimbursed upon the death of the beneficiary. In contrast, a third-party trust is funded with assets that don’t belong to the beneficiary, and there is no requirement that Medicaid be reimbursed after that beneficiary’s death. We often recommend using any of several reputable “pooled” special needs trusts that properly manage SNTs for dozens or even hundreds of beneficiaries. These are often more cost-effective than stand-alone SNTs. We also include special needs trust language in nearly every will in case a beneficiary of the will might receive means-tested government benefits. To give you specific recommendations, we’d have to speak more about the details of your situation.

managing assets for someone who receives means- tested government benefits so they do not lose their benefits. Like every Trust, a SNT has a trustee (who is in charge of disbursing money) and a beneficiary (the person receiving money). A SNT must be irrevocable (i.e., its terms cannot be changed), and it must not allow the beneficiary to serve as the trustee. Otherwise, all assets in the trust are considered available to the beneficiary and they will lose eligibility for their benefits. There are very strict (and, frankly, confusing) rules on how SNT funds can be used. All funds must be used for the sole benefit of the beneficiary. However, you can’t use SNT funds to pay for food or shelter (as someone’s SSI is supposed to pay for these basics). Yet you can use SNT funds to pay for additional care or quality-of-life expenses. Every year, you must file a detailed accounting with the

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There are so many rumors about jury duty that it can be difficult to know which ones are true. Here are three of the most popular speculations, debunked. ADMITTING BIAS WILL ENSURE YOUR DISMISSAL If you admit that you are biased when you serve jury duty, it does not guarantee your dismissal. In fact, a judge cannot dismiss you for being biased — but an attorney can. In addition, attempting to portray yourself as a biased person can put you in a troubling situation. Attorneys and judges have been selecting jurors for a long time and know when someone is lying to them. Your best bet will be to give honest answers to the questions they ask. NO VOTING, NO JURY DUTY According to another circulating myth, if you aren’t registered to vote, you don’t have to serve jury duty. Many people believe this myth because voting enters you into the jury duty pool, but there are other means by which citizens are chosen. Other ways you’re entered into the pool include buying a home, paying taxes, and getting a driver’s license. Even if you aren’t registered to vote, you’re still liable to be summoned. SUMMONED TO COURT Jury Duty Myths

SERVING JURY DUTY WILL GET YOU FIRED If you’re worried about getting fired for serving jury duty, you can breathe easy. Your employer cannot fire you once you’ve been selected for jury service. In fact, if your boss threatens to fire you for it, they will face the penalties, which include fines and even jail time. Many employers know and understand this, but if yours doesn’t, you can submit a file of complaint to the trial court administrator, and they will take care of the rest for you. The system to select jurors has been around for a while, and those involved know what they’re doing. It’s best to go in with an open mind and be completely honest. After all, it is your civic duty to do so.

CAULIFLOWER Roasted Turmeric

INGREDIENTS

• • • • • • • •

1 head cauliflower, cut into florets

2 tablespoons coconut oil

1 teaspoon turmeric 1/2 teaspoon cumin

The Alzheimer’s Association reports that every 67 seconds, someone in the United States develops Alzheimer’s. That translates to more than 5 million Americans currently living with Alzheimer’s disease, with two- thirds of those being women. When Max Lugavere’s 59-year-old mother started showing signs of cognitive decline, with no known family history for Alzheimer’s, he felt compelled to find some answers. Upon discovering recent findings that around a third of Alzheimer’s disease cases worldwide might be attributable to potentially modified risk factors (meaning 1 in 3 cases may be preventable), this motivated Lugavere to pose a question: “What if America’s most feared disease is a choice we make at checkout?” Leveraging his skills and experience as a filmmaker and TV personality, Lugavere launched a Kickstarter campaign asking people to co-create a documentary called “Bread Head” that focuses on the cutting-edge research around neurodegenerative disease and how our daily choices can help prevent the onset of symptoms. We encourage you to check out the trailer for his documentary (currently in production) at breadheadmovie.com.

1/2 teaspoon crushed red pepper

1 clove garlic, minced 2 tablespoons water

Chopped fresh basil, to garnish

DIRECTIONS

1. Heat oven to 400 F.

2. In a large mixing bowl, whisk together coconut oil, spices, garlic, and water. 3. Lay cauliflower across a large baking sheet, season with salt and pepper, and top with mixture.

4. Roast for 30 minutes, garnish with basil, and serve.

Inspired by PaleoHacks

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INSIDE THIS ISSUE

Where a Family Heirloom Meets State History

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2

What Have You Always Wanted to Do?

Asked and Answered

3

Falsities You’ve Been Told About Jury Duty

Roasted Tumeric Cauliflower

“Bread Head”

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Georgia’s Little Grand Canyon

GEORGIA TRAVELS

TAKE A LITTLE GRAND TRIP

Visit Providence Canyon

150 miles southwest of Atlanta, on the far western tip of the state, you’ll find the stunning vistas of Providence Canyon. Spanning 1,103 acres, this collection of sandstone gullies combines into a breathtaking mosaic of orange, white, purple, pink, and red. This geological tableau would look perfectly at home in any John Wayne cowboy epic, leading to Providence’s affectionate nickname: “Georgia’s Little Grand Canyon.” Don’t let the name fool you; this canyon is anything but little. While it may not be as deep as the legendary landmark in Arizona, Providence’s walls frame a hidden world of wonder and majesty. Standing at the bottom of its lowest gully, with the colorful walls stretching 150 feet above you, it’s easy for a hiker to

the park offers something for everyone. Thanks to the lack of light pollution and the exposed rock walls of the canyon, the destination has become a favorite of star-watching and geological groups across the region. But perhaps the most fascinating wrinkle to this Georgian landmark is the fact that it is not entirely the work of nature. Providence Canyon is something of a “post-natural” wonder. While some historical evidence suggests the canyons were developing prior to any agricultural development in the region, much of the erosion that created the park’s beauty can be attributed to poor farming practices in the 19th century. Early settlers in west Georgia didn’t practice proper drainage and irrigation techniques, leading to the accidental carving of this beautiful landmark.

lose all sense of time and place. Providence is one of those spots that makes you feel incredibly small in the best way possible. With a network of great hiking trails in and around the canyon connected to multiple shelters and campsites, Providence is a great place for Georgia adventurers of all stripes. From day-trippers to weekend backpackers,

Humans’ unwitting hand in the creation of Providence Canyon doesn’t undermine its beauty. In fact, this serendipity makes the “Little Grand Canyon” a truly Georgian monument, inseparable from the people and history of our state. If you are looking for a unique outdoor experience, put Providence on your bucket list.

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