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The story begins when a Spanish man undergoing cancer treatment that could render him infertile, decided to freeze his sperm for possible later use by his partner. After the treatment, the couple started the process of in vitro fertilization but did not complete it, since his condition got worse and he passed away.
The day before he passed away, the pair were married.
After his death, the Spanish woman unsuccessfully attempted in vitro fertilization four times. The clinic refused her a fifth attempt without a court order.
The interesting aspect of this case is that the government chose not to argue in court on legal grounds that the woman should not be able use the sperm. Instead, the government argued on the moral grounds that it was impossible to know whether the man would still want the child or even if he would still want to be married to the woman, if he were still alive.
The government took the position that the man could not consent to having a child, but the judge was not persuaded and ruled in favor of the woman.
Similar cases are expected to appear with greater frequency and present a challenge to current estate planning law.
Schlafly, who was once well-known as a powerful force in Republican politics, had a reputation for her fight against the Equal Rights Amendment and remained an important figure in Republican circles until her death in 2016. She endorsed Donald Trump for President during the 2016 primaries.
Schlafly's endorsement of Trump created a rift between her sons who supported the decision and her daughter who opposed it. The daughter claims that the decision was influenced by Republican political operative Ed Martin.
Since Schlafly passed away, Martin has been creating political action committees in her name to support Trump and the daughter has attempted to stop him. She also claims that Martin and her brothers unduly influenced their mother to change her will in their favor and to make it more difficult for the daughter to challenge the will.
For the elderly, the loss of the ability to drive is symbolic o f a loss of self-reliance since it makes it much more difficult to get around.
Elderly people who have always been able to get in their vehicles and drive themselves anywhere they want naturally resent not being able to do so. They also often fear that if they call someone to help them, then they are being a burden.
Automakers and technology companies are in a race to develop cars that can drive themselves. These autonomous vehicles would be able to take passengers where they want to go more safely than human drivers, according to advocates.
If the elderly were to use self-driving cars, then they would no longer need to lose their mobility when they are no longer able to drive. Some believe that these vehicles could be available in as little as five years.
Because 73% percent of Americans pass away with debt that amounts to an average of $62,000, it is important to understand the complexity of the issue.
The only type of debt that completely disappears when the debtor passes away are federal student loans. However, the proper paperwork must still be filed. The same is not necessarily true of other types of student loans.
Other types of debt must be paid by the estate before any assets are distributed to heirs.
Thus, if a person passes away owing $100,000 and having assets of $150,000, then the estate must pay the debt and only the remaining $50,000 can be inherited by heirs.
If the estate does not have enough assets to cover the full amount of the debt, the heirs are not responsible to pay it. However, there are exceptions. For example, if the estate contains a home, then the value of that home might be used to pay the debt, even if other people are living in it. As a result, the heirs might need to pay off the debt to remain in the home.
An estate planning attorney can help you create an estate plan that fits your unique circumstances as well as manage what happens to any debt left behind.
What you do online is potentially tracked and collected by computers that compile a profile of you. It is what is known as big data.
The people behind this data collection want to sell you things. The better profile they can compile of who you are and what you like, the better they can create advertisements that cater to your interests and that are more likely to make you want to buy something.
This data knowledge increases the value of the ad space on the Internet and makes more money for companies selling that space, such as Facebook and Google. In other words, most people find this data collection and tracking to be mostly benign and necessary for popular Internet sites to continue to be free to use.
In the wrong hands, this same data could be used to more effectively target elderly people for financial scams. That has elder law advocates worried, since elder financial abuse is already a serious problem.
It is important to remember that setting up an estate plan with an estate planning attorney, is unlikely to be complicated or even that hard.
Estate planning is not that complicated and can even be as simple as transferring assets, according to the Times Herald-Record in "Transferring assets upon death."
There are four main ways to accomplish the task including:
Wills - In a will you state who should get your assets and appoint someone to be in charge of making sure that your wishes are carried out. Wills have to be approved by a probate court.
Joint Ownership - If you have assets in joint ownership with another person, then by law when you pass away, the joint owner becomes the sole owner of the asset.
Beneficiary Designations - For life insurance policies, retirement accounts and savings accounts, you name a specific beneficiary to receive the assets after you pass away. A court does not need to approve the designation.
Trusts - With a trust, you state how your assets should be handled, appoint someone to handle them and name the people for whose benefit the assets will be handled.
An estate planning attorney can guide you through the process of creating an estate plan that meets your unique circumstances.
Helping a family during a time of mourning is often as simple as a sincere statement of sympathy.
During a time of mourning, we can often help the family members with an effort that does not require a lot of time or investment, according to the Wills, Trusts & Estates Prof Blog in "How Condolences Alleviate Grief."
The easiest and one of the best ways to help people mourning for a loved one is to let them know we care and to offer our condolences. This does not require a grand gesture. It only requires a sincere statement of sympathy.
Sending a card or flowers is another way to offer condolences. Charitable donations in the name of the deceased are another small thing that can let grieving people know that you care.
This is important. Knowing that other people really do care helps those who are grieving.
It does not fix everything. It does not bring anyone back to life. Nevertheless, it does help people move on and makes it easier for them to handle other things that need to be done when a loved one passes away, such as making funeral arrangements and dealing with the estate.
Seniors who put off retirement, often find themselves working for someone with high tech skills.
The trend of businesses to hire managers who grew up with the technology of computers, cell phones and email has put 38% of Americans in the situation of reporting to a younger boss, according to The New York Times in "When the Boss Is Half Your Age."
There is a belief that being a native to the technology makes younger people better at understanding it and using it to their advantage.
Another reason for this phenomenon is that Americans are working longer than before and many people who have chosen retirement go back to work for one reason or another. As a result, many senior citizens have immediate superiors at work who are much younger than they are which can lead to problems.
Elders do not always like being told what to do by younger people, and younger bosses are often on guard against older employees who think that the old way of doing things is best.
Seniors who do have a much younger boss need to be aware that the law does protect them against discrimination due to age. However, they should also be open to new things and be willing to do their work as directed by their younger boss.
When you think taxes, you might think estate plan.
Since you have already done much of the work when you gather the financial material needed for taxes, you might consider following up filing by setting up an estate plan or updating your current plan, according to CTV News in "The mistakes of not having a will.
To do your taxes, you have to get out many of your financial documents. You have also been thinking about how much money you have and where it is all located. Doing those things is one of the main steps to getting an estate plan.
You could put all of your financial documents away and think about other things. However, if you later decided to do estate planning, you will have to start all over again.
Why not just go ahead and get an estate plan now, while things are still on your mind?
Contact an estate planning attorney for guidance on creating your own plan to meet your unique circumstances.