A grandfather may encourage his grandchildren to seek college or advanced degrees and thus transfer assets to an entity, such as a 529 plan, for the purpose of current or future education funding. That may be a much more tax-efficient move than having those assets transferred after death to fund college when the beneficiaries are of college age. The latter may trigger multiple tax events that can severely limit the amount of funding available to the kids.

We love to write wills, trusts and powers of attorney and customize them to your needs. We are detail oriented and handle several areas of law, primarily ESTATE PLANNING, WILLS & TRUSTS, PROBATE, BANKRUPTCY -all chapters debtor representation. We have over 36 years of experience and belong to professional organizations including the State Bar of Arizona.  Our clients love us. Our website is AZlegal.net

Next, start adding your non-tangible assets to your list, such as things you own on paper or other entitlements that are predicated on your death. Items listed here would include brokerage accounts, 401(k) plans, IRAs, bank accounts, life insurance policies, and other policies such as long-term care, homeowners, auto, disability, and health insurances.

According to the U.S. Bureau of Justice Statistics, in 2010, 7% of US households experienced identity theft - up from 5.5% in 2005 when the figures were first assembled, but broadly flat since 2007.[64] In 2012, approximately 16.6 million persons, or 7% of all U.S. residents age 16 or older, reported being victims of one or more incidents of identity theft.[65]

Criminal identity theft can create a myriad of headaches for the victim after the fact. Though a less common from of fraud, a thief could get caught for a traffic violation or a misdemeanor and sign the citation with your name. Then you get stuck paying those annoying fees and fines. If a thief uses your name when getting arrested for a crime, you could end up with a criminal record, which could affect your ability to get a job or buy/rent property. Another case is when the thief commits a crime using your identity, and then a warrant is issued for your arrest. But instead of looking for the criminal, they are looking for you—you could have a warrant out for your arrest and not even know it!
_{The Texas medical power of attorney form allows a principal to name an individual to make all types of health care decisions on their behalf in the chance that they cannot do so because of mental incapacity. A physician can’t be an agent, and there are restrictions on choosing certain individuals professionally involved in the principal’s health care. When choosing an agent, local availability is…}
• Shred all sensitive documents, both online and offline. While shredding physical bank statements and other sensitive documents can help prevent offline identity theft, it’s also important to “shred” sensitive files as well like PDFs of tax returns and bank statements should a hacker gain access to your PC. Typically, when you delete a file, it isn’t entirely gone; instead, that part of your storage is marked as available to be overwritten with new data. Unfortunately, this means that a savvy hacker could reconstruct the file even if it’s been deleted. Fortunately, antivirus suites like McAfee® Total Protection include file shredding capabilities, which effectively make deleted files unrecoverable, often up to military-grade deletion standards. 

You have the right to help plan your care. To help with this plan, you must learn about living wills and how they are used. You can then discuss treatment options with your healthcare providers. Work with them to decide what care will be used to treat you. You always have the right to refuse treatment.The above information is an educational aid only. It is not intended as medical advice for individual conditions or treatments. Talk to your doctor, nurse or pharmacist before following any medical regimen to see if it is safe and effective for you.

The executor also has to pay off any taxes and debt owed by the deceased from the estate. Creditors usually have a limited amount of time from the date they were notified of the testator’s death to make claims against the estate for money owed to them. Claims that are rejected by the executor can be taken to court where a probate judge will have the final say as to whether or not the claim is valid.

A power of attorney terminates if the principal becomes incapacitated, unless it is a special kind of power of attorney known as a “durable power of attorney.” A durable power of attorney remains effective even if a person becomes incapacitated. However, there are certain exceptions specified in Florida law when a durable power of attorney may not be used for an incapacitated principal. A durable power of attorney must contain special wording that provides the power survives the incapacity of the principal. Most powers of attorney granted today are durable.
^{Florida Statutes: Chapter 709 of the Florida Statutes contains the full statutory law on powers of attorney. Chapter 765 deals with Health Care Surrogate Designation. Chapter 744 deals with guardianship law. Chapter 518 deals with investment of fiduciary funds. You may find a set of the Florida Statutes at your public library or at most courthouses. You may access the Florida Statutes at http://www.leg.state.fl.us/Statutes/index.cfm?}
An October 2010 article entitled "Cyber Crime Made Easy" explained the level to which hackers are using malicious software.[9] As Gunter Ollmann, Chief Technology Officer of security at Microsoft, said, "Interested in credit card theft? There's an app for that." This statement summed up the ease with which these hackers are accessing all kinds of information online. The new program for infecting users' computers was called Zeus; and the program is so hacker-friendly that even an inexperienced hacker can operate it. Although the hacking program is easy to use, that fact does not diminish the devastating effects that Zeus (or other software like Zeus) can do to a computer and the user. For example, the article stated that programs like Zeus can steal credit card information, important documents, and even documents necessary for homeland security. If the hacker were to gain this information, it would mean identity theft or even a possible terrorist attack. The ITAC says that about 15 million Americans had their identity stolen in 2012.[10]
The agent will always want to add after his or her signature that the document is being signed “as agent for” the principal. If the agent signs only his or her own name, the agent may be held personally responsible for whatever was signed. As long as the signature clearly indicates that the document is being signed in a representative capacity and not personally, the agent is protected. Though lengthy, it is, therefore, best to sign as follows:
For instance, if you own a variety of valuable items and assets, after you're gone, your will would designate who would receive your house, furniture and artwork collection. However, if you're in a coma, a living trust will assign somebody to make these choices for you. This person would be able to use your bank account to pay your bills and make financial decisions, including whether or not to sell your home. Without a living trust, those types of decisions can be made by a court.
In Massachusetts in 2009-2010, Governor Deval Patrick made a commitment to balance consumer protection with the needs of small business owners. His Office of Consumer Affairs and Business Regulation announced certain adjustments to Massachusetts' identity theft regulations that maintain protections and also allows flexibility in compliance. These updated regulations went into effect on 1 March 2010. The regulations are clear that their approach to data security is a risk-based approach important to small businesses and might not handle a lot of personal information about customers.[70][71]
Depending on the jurisdiction, a power of attorney may be oral and, whether witnessed, will hold up in court, the same as if it were in writing.[6] For some purposes, the law requires a power of attorney to be in writing. Many institutions, such as hospitals, banks and, in the United States, the Internal Revenue Service, require a power of attorney to be in writing before they will honor it, and they will usually keep a duplicate original or a copy for their records. Nursing homes often follow the same practice.
^{J. Derick Winfrey is a solo practitioner who specializes in assisting his clients in many legal specialties.  Derick has an extensive background in corporate law, real estate transactions, commercial real estate, contracts, oil and gas transactions, bankruptcy, civil litigation, family law, criminal defense and estate planning.  Derick believes not only in the importance of helping his clients understand the complexities of the law and the legal process, but also in their vigorous representation.  He has a BBA in Finance from the University of Texas at Austin and received his Juris Doctor from Texas Tech University.&n ... View Profile}