Estate Planning for Individuals with Disabilities

Estate Planning for Individuals with Disabilities

Legal Matters

presented by: Bradford & Holliman, Estate Planning

Why Everyone Should Have a Special Needs Trust in Their Plan

Estate plans should include planning for a loved one’s financial and physical protection in the event of a disability. This is often overlooked by individuals that do not currently have disabled loved ones because they do not see such planning as applicable to their situation. Family members that have disabled loved ones are often so consumed with living day-to-day that they never get around to planning. If they do make plans, it often is in response to incorrect information received from non-legal sources.

Why Should I Include Disability Planning in my Estate Plan when no one in my Immediate Family is Disabled? The simple answer is that you never know when something will happen in the future to a loved one that will require disability planning. Having provisions in your Will or Revocable Living Trust that provide instructions on what happens if someone becomes disabled allows you to protect family members in the event of tragic accidents or illnesses that are unforeseen.

What do you mean by a “Disability Plan?” Individuals with disabilities may need someone to manage their newly inherited assets so no one takes advantage of them and squanders the assets. Financially eligible individuals with disabilities may qualify for government benefits such as Supplemental Security Income (SSI) and Medicaid. To protect your beneficiaries, your estate plan must include provisions that address the oversight of the assets and the government regulations surrounding these benefits.

How do I Prevent a Beneficiary from being Ineligible or Losing Benefits? Your Will or Revocable Living Trust should have provisions for a “supplemental needs trust,” also called a “special needs trust” in the event a loved one is disabled at the time you pass away. The language used in this type of trust is compliant with specific federal and state requirements that allow the assets to be used for the beneficiary’s benefit without being counted as assets that can cause the beneficiary to lose benefits or otherwise be ineligible.

Your attorney should help you determine the type of plan you need and prepare the supplemental needs trust for you.

Melanie Bradford Holliman 

Partner, Bradford & Holliman, LLC

Practice focuses on estate planning, elder law and special needs trust.

2491 Pelham Parkway, Pelham, Ala. 35124

205-663-0281, www.bradfordholliman.com

This article is for educational purposes and is not intended for specific legal advice.

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Native American Experience: Authentic, Educational & Fun!

Native American Experience: Authentic, Educational & Fun!

City Scene 

For the 8th year in a row, Aldridge Gardens in Hoover will host Whispers of the Past, Sunday October 8. Poarch Creeks from Atmore, Ala. will demonstrate authentic Pow Wow dancing.

Bring the family to Aldridge Gardens in Hoover on October 8 to experience a day discovering the culture and contributions of Native Alabamians. From 10 a.m. to 5:30 p.m., Whispers From the Past – A Native American Experience, offers demonstrations, activities, and presentations authentic to American Indians of the Southeast. Demonstrations include authentic Pow Wow Dancing with Medicine Tail Dancers and Singers provided by the Poarch Creeks of Atmore, Ala., flintknapping/observing how real stone arrowheads were made, American Indians creating baskets from long-leaf pine needles and dolls from corn husks, and Porch Creek Indians playing Stick Ball (Modern Day Lacrosse). Hands on activities include fishing with cane poles and worms in the Aldridge Gardens Lake, beading on looms, creating a clay coil pot to take home, leaf pounding, corn grinding, artifact hunting and gourd crafting. Visitors will be able to purchase unique items including projectile points and arrowheads, Choctaw foods and crafts, jewelry and beadwork, and woven baskets. The event is endorsed by the Administration at the State Department of Education and local school districts. Admission is $12 for adults, $7 for students and free for children three and under. Off-site parking and shuttle are available at nearby Bed Bath & Beyond on Lorna Road. For more event details visit www.aldridgegardens.com or call 682-8019. †

 

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5 Ways to Build a Strong Foundation of Faith

5 Ways to Build a Strong Foundation of Faith

Bringing Out the Winner

I read an article recently that stated that 24% of young adults under 30 years old have zero religious affiliation. The article also said that the Christian faith is on the decline, dropping down to a little over 40% of the population in America. Is this true? Not sure what the article’s percentages were based on – but it does make you step back and think…

Will my child be part of these percentages one day?

Passing on to our children the faith we share in Jesus Christ doesn’t just happen. This is especially true in today’s society where many would argue that the Christian faith is under attack.  Being persecuted for our biblical beliefs has become the norm rather than the exception. Our children will not have a strong faith within their own hearts without guidance and instruction from their parents. Here are just a few ideas of how to build a solid foundation of faith in our children:

1) Pray with your children DAILY.

2) Do short devotions (not sermons) with your children to help engrain biblical truths.

3) Admit your own mistakes instead of covering them up – this builds trust.

4) Show your children a truly giving heart that loves unconditionally.

5) Exemplify Christ, and they will watch – children listen with their eyes.

We all have estate plans to pass along our earthly possessions to our children. Why not set up a plan to pass along the most important thing in the world? Faith in Christ and a heavenly eternal destination that is secured in Him!

It’s our call.

John Croyle, Founder, Big Oak Ranch 

Author, Who You Are/Defying the Circumstances that Define Us, Bringing Out the Winner in Your Child, The Two Minute Drill to Manhood and Raising a Princess, www.bigoak.org

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New Christian Brothers Automotive Now Serving Trussville

New Christian Brothers Automotive Now Serving Trussville

Special Feature

The Christian Brothers Automotive Trussville team includes Luke Younger/Owner, Javar Fields/Technician, Michael Mercer/Technician, Keith Calhoun/Technician and Rusty Quinn/Service Manager. Visit them at 5635 Chalkville Mountain Road, www.cbac.rom/Trussville.

Christian Brothers Automotive was founded more than 30 years ago with one simple idea in mind: provide customers with auto repair services they could trust. The brand quickly found a following that is hungry for honest, genuine service, and has enjoyed impressive growth ever since. The Trussville location opened September 11 at 5635 Chalkville Mountain Road and the team is focused on helping vehicle owners experience the Christian Brothers Automotive nice difference.

Luke and Kendall, along with their two children Eli and Evie Kate, moved from Dallas to spearhead the new location. Kendall is originally from Alabama and the couple is extremely excited to be a part of the community and to serve its residents. The Youngers chose Christian Brothers Automotive because of its honesty and transparency, and they hope to show customers that they are not just about a transaction, but they are about making friends and being a fresh, trusted resource to the Trussville community. “We love the city and the people we have met thus far,” said Luke Younger. “We cannot wait to get to know and gain the trust of many more Trussville residents.”

Kendall, Evie Kate, Luke and Eli Younger welcome customers to the new Christian Brothers Automotive in Trussville.

Mark Carr, president and CEO of Christian Brothers Automotive, expressed his excitement at welcoming the Youngers to the family. “Our customers know what to expect when they walk into a Christian Brothers Automotive, including a clean and comfortable waiting area, a friendly and attentive staff that is willing to go above the call of duty, and automotive technicians who understand our customers are the boss,” Carr said. “Christian Brothers Automotive has succeeded because we’ve transformed how people view the auto repair experience, and we know Luke and Kendall Younger will carry on our commitment to superior service.”

 

 

-Visit Christian Brothers Automotive Trussville 

5635 Chalkville Mountain Rd, 35235

205-508-0816

www.cbac.com/Trussville

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UAB Football’s Bill Clark

UAB Football’s Bill Clark

Back in the Game

“There’s bringing it back and there’s bringing it back the right way. I think we’re bringing it back the right way,” says Bill Clark of the reinstated football program at UAB. The Blazers game on Sept. 2 at Legion Field marks the first since the program was eliminated in 2014. Photos Courtesy UAB Athletics

When the University of Alabama at Birmingham (UAB) discontinued its football program in 2014, Bill Clark had just completed his first season as head coach with a 6-6 record that made his team eligible for its first bowl appearance since 2004. What seemed like a giant step in the right direction for the program was followed by the University declaring the sport fiscally unsustainable. This was a devastating blow for the coach, his team and the community, but it wasn’t long before Birmingham businesspeople, alumni and former players began to rally: Blazers football will return. “Obviously it was tough, but to watch those people fight for us made me want to stick around and help them make a difference,” Clark remembers. “One of the things that I always wanted was to be a part of making a difference in a community or a school. That’s the stuff I’ve always loved.” Raising more than $44 million to fund both the program and new operations facilities, the team kicks off the 2017 season with a game against the Alabama A&M Bulldogs at Legion Field on Sept. 2. Clark celebrates the victory by reflecting on how his small-town upbringing and lessons in faith led him to the life he leads today.

A Passion for the Game. Clark jokes it was an air conditioner that first influenced him to fall in love with football. The son of a high school coach, the only way for him to get cool in his Ohatchee, Ala. home was to hang out in the room with the window unit A/C, which also happened to the office where his father watched films to prep for upcoming practices and games. “That was where I liked to hang out, for obvious reasons, and spend time with him. I loved everything about the sport,” he says. “I loved the strategy. I loved the interaction with the players. I loved game nights. I loved pregame speeches. I think everything that went with it, I enjoyed, and I just knew that’s what I always wanted to do.”

Grounded in Faith. Clark’s family eventually moved to Piedmont, Ala., where his father took another coaching job. His mother was a home economics teacher who played piano at the local church. “It was a simple childhood growing up, just athletics and church and school,” he remembers. “Most things revolved around the community… We were brought up that the church is just a part of everything you do. I was lucky in that—blessed I guess is the word—that’s just kind of who we were.” Life changed when Clark’s mother was killed in a car crash when he was 19 years old. Already studying physical education and history at Jacksonville State and starting his own coaching career, he moved back home with his father as they dealt with their loss. It’s an experience he draws on to this day when mentoring young men. “I tell guys all the time there’s always the why of why things happen. You wouldn’t be human if you didn’t think that. One of the best people I had ever known—just as good a person as you’ll ever meet—was killed. That is when your faith is so important. That’s when you need it.” Clark says he never had any doubt that his mother’s resting place was in heaven. “That’s the faith that helps us go on.”

Dream Come True. Clark’s first head coaching job was at Prattville High School, where his players were awarded 106 wins and only 11 losses during his tenure. They won back-to-back Alabama High School Athletic Association State Championships for the 2006 and 2007 seasons. In 2008 Clark began coaching at the college level as defensive coordinator at the University of South Alabama until 2012. He then spent one season as head coach at Jacksonville State University before he was hired at UAB.

Coach Bill Clark and wife Jennifer with their children at daughter Katie’s October 2016 marriage to son-in-law Justin Spinks. Son Jacob Clark is a Redshirt Freshman for Blazers football this year. Photo: CWF Photography

Seeing the Big Picture. Prepping for the return of Blazers football has not been a singular focus for Clark’s team. Joined by Fellowship of Christian Athletes (FCA) staff, he leads the charge in giving back to the community that supports the program. Last year coaches and players teamed up with Big Brothers Big Sisters of Greater Birmingham to become Big Brothers and mentors of males in middle and high school in the greater Birmingham community. Participating students were bussed from their schools once per month to spend time with their Big Brothers on the UAB campus. Clark also purchased and donated 100 season tickets to the upcoming season to the mentoring program. In June, Clark and more than 40 members of the UAB Football team helped construct a five-bedroom house as a part of Habitat for Humanity’s 30th Anniversary build in Pleasant Grove. “College age, sometimes it’s easy to just think about yourself, but when you get around Big Brothers Big Sisters or you are doing something for Habitat for Humanity, you realize this world is bigger than you and we are called to serve other people,” says Tavon Arrington, UAB Campus Director for FCA, which returned to campus with the help of Coach Clark and former UAB FCA Board Chairman Charlie Nowlin.

Observing his athletes both on and off the field, Clark says youth today are intelligent and tech savvy but still need the face-to-face effort that a team sport like football offers. “I don’t think kids have changed as much as our expectations have changed. These kids today are so smart. They’ve got access to so much information,” he says. “[However,] human interaction is so important, and that’s the great thing about athletics. It still requires the same things it required 10 years ago, 20 years ago. It takes each other, it takes a physical effort, and I think an emotional effort, which is what I love about football. It takes more than yourself. It is truly a team effort.”

Keeping Faith First. A member of Church of the Highlands with wife Jennifer, Clark says lately his faith has been centered on whether the fruits of his faith can be seen in his character and actions. “What do people see in us that tells them something is different? That can be hard for coaches. I know for players and myself, when you are in an ultracompetitive world where everything revolves around winning and losing, I have to remind myself of that.” As a couple, wife Jennifer explains that prayer helps keep them grounded in what matters most. “Praying together is important to us, and Christ is at the center of everything we do and every decision we make,” she says.

“I tell our players all the time, for sure I’m not perfect,” says Clark. “There was only one perfect One, but hopefully that’s something that people can see in our daily walk and how we carry ourselves. Hopefully they see that as something they want to be part of.”

  • Camille Platt

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Younger Family Opens Christian Brothers Automotive in Trussville

Younger Family Opens Christian Brothers Automotive in Trussville

Special Feature

Luke, Kendall, Eli, and Evie Kate Younger invite the community to the Grand Opening of their new Christian Brothers Automotive in Trussville, Monday September 11.

Christian Brothers Automotive was founded more than 30 years ago with one simple idea in mind: provide customers with auto repair services they could trust. The brand quickly found a following that is hungry for honest, genuine service, and has enjoyed impressive growth ever since. From one location in 1982 to 100 in 2012, Christian Brothers Automotive is gearing up to reach the 200-store milestone in 2017.

The Trussville area is the brand’s latest stop, and Luke and Kendall Younger are taking the wheel in the region to help vehicle owners experience the Christian Brothers Automotive nice difference. They are opening at 5635 Chalkville Mountain Road this month and are focused on servicing the people surrounding Trussville.

Luke and Kendall, along with their two children Eli and Evie Kate, moved from Dallas to spearhead the new location. Kendall is originally from Alabama and the couple is extremely excited to become a part of the community and to serve its residents. The Youngers chose Christian Brothers Automotive because of its honesty and transparency, and they hope to show customers that they are not just about a transaction, but they are about making friends and being a fresh, trusted resource to the Trussville community.  “We have known for almost two years now that we would be moving to Trussville,” Luke Younger said. “We love the city and the people we have met thus far. We cannot wait to get to know and gain the trust of many more Trussville residents.”

Mark Carr, president and CEO of Christian Brothers Automotive, expressed his excitement at welcoming the Youngers to the family. “Our customers know what to expect when they walk into a Christian Brothers Automotive, including a clean and comfortable waiting area, a friendly and attentive staff that is willing to go above the call of duty, and automotive technicians who understand our customers are the boss,” Carr said. “Christian Brothers Automotive has succeeded because we’ve transformed how people view the auto repair experience, and we know Luke and Kendall Younger will carry on our commitment to superior service.”

-Visit Christian Brothers Automotive Trussville 

5635 Chalkville Mountain Rd, 35235

205-508-0816

www.cbac.com/Trussville

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Deer Season Prep = Deer Season Success

Deer Season Prep = Deer Season Success

The Great Outdoors

presented by: Mark’s Outdoors

Deer hunting can be an awesome time spent between father and son. Seen here is Mark Whitlock, Jr. with his Dad Mark Whitlock, founder of Mark’s Outdoors. Circa. 1999.

With deer season opening on November 18, now is the time to make sure you are prepared to hunt. Making yourself a checklist will help insure that you have everything you need to make your opening day a successful one.

  • Go ahead and pull out all your camo and see if you have all the pieces that you need. Early season is usually still pretty warm. Make sure that you have plenty of layering options so you are ready for anything Mother Nature throws at you.
  • Thoroughly check all of your safety gear including harnesses and hunters orange pieces.
  • If you hunt from a shooting house, go ahead and make sure that nothing has turned it into a summer home during the off season. Insects are usually the main offenders so pack a can of wasp spray just in case. If you plan on using a climbing or ladder stand, inspect them to make sure that everything is still tight and in good working order.
  • Last but not least, check your equipment. Inspect bows and rifles for anything that looks out of the ordinary or could become a safety issue later in the season. Here at Mark’s Outdoor Sports, one of our experienced gun smiths or bow techs can look them over for you.

As always, Mark’s is your one stop shop for all things hunting. Swing by and let us help you make sure that you are ready to bag that trophy buck. October 5 and 6 we will be hosting our preseason Deer Show with lots of sales items and a free lunch from Whisker’s Catfish on Friday, October 6. Look forward to seeing you!

Mark’s Outdoors 

1400-B Montgomery Highway, Vestavia 35216

205-822-2010, www.marksoutdoors.com

Don’t Miss Dove Day!

Be sure to join us for our annual Dove Day, Thursday September 7 at Mark’s. We will have lots of great savings and fun as a way to thank all of our loyal customers. It is because of you that we get to do what we love every day and carry on Mark Whitlock’s legacy of helping people prepare for quality time in God’s great outdoors. We couldn’t do it without you!

–Mark Whitlock, Jr., Mark’s Outdoors

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Do you have your STAR-ID yet?

Do you have your STAR-ID yet?

Money Matters

presented by: Vision Financial Group

In response to terrorism committed against the U.S. and to help ensure the safety of our fellow citizens, the U.S. Congress passed the real ID act of 2005. The act requires individual states to modify and enhance their procedures and standards for issuance of state driver’s licenses and identification cards.

In Alabama, our Department of Public Safety has developed the STAR- ID program (Secure Trusted And Reliable). It is indicated by a gold star on the top left corner of one’s driver’s license or non-driver ID card. Implementation of this program has been delayed by the U.S. government until October, 2020. When fully implemented, one will need this enhanced ID to enter any government facility and to board any domestic airline flight if you don’t have a valid passport. Alabama is compliant with this program; supposedly on January 22, 2018 residents of noncompliant states will be required to have their driver’s licenses and a passport to board a domestic flight originating in their state.

If your license expires between now and January, 2020, our advice would be to tag your calendar for the month before expiration and visit the www.alea.gov website for the latest information. If you have renewed your license in the last year, you don’t have to wait until the next expiration date. You can go ahead and get the STAR- ID. It will cost the same as a license renewal. Be sure to bring proper documentation and know that your license will have the same expiration date. Our advice is to get this taken care of sooner rather than later. A few points to understand:

-You must have an appointment.

-Issuance is only available at license issuing offices such as Pelham and Bankhead Hwy. The Inverness license office does not issue STAR- ID.

-Pay very close attention to the required documentation outlined at www.alea.gov.

-If you are married and took your spouse’s name and your Social Security card has not been updated, you will need a copy of your marriage license.

-STAR-ID’s must be renewed every 12 years, similar to passports needing renewal every 10 years.

Avoid the rush, which is sure to come. Make your appointment, double check your documentation, and get your STAR-ID.

Larry Anderson

Vision Financial Group 

4505 Pine Tree Circle, Birmingham, AL 35243

205-970-4909, www.vision-financialgroup.com

 

Advisory services offered through Investment Advisors, a Registered Investment Advisor and a division of ProEquities, Inc. Securities are offered through ProEquities, Inc., a Registered Broker Dealer and Member FINRA & SIPC. Vision Financial Group and West Alabama Bank are Independent of ProEquities, Inc. Securities and insurance products offered are not bank deposits, have no guarantee, are not FDIC insured and may lose value.

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Asset Protection & the Elderly

Asset Protection & the Elderly

Legal Matters

presented by: Bradford & Holliman, Estate Planning   

Asset protection for the elderly is a complex subject and the legal advice given can be very different based on the assets of the family, estate planning goals, and other family problems such as children that do not get along or children that have creditor problems, mental illness, or other issues. Typically, the elderly client wishes to establish an estate plan that avoids the probate process (a court process that is required with a Last Will and Testament). The client’s goals usually include protecting assets that will ultimately be distributed to the children regardless of the client’s future long-term care needs while also maintaining optimal tax rates and advantages.

These goals can be achieved using an asset protection trust if certain time factors are met and the proper provisions are stated in the trust agreement. This type of planning is generally much more in-depth than is necessary for the standard Last Will and Testament; however, the extra work involved in preparing the estate plan is worthwhile when assets are preserved and the process of distributing assets at death is simplified.

Individuals that give gifts directly to children or, unknowingly, have the wrong type of trust may fail to protect assets and cause the children to lose favorable tax advantages. These mistakes typically cannot be corrected once they are finally discovered and can cause lasting regret to a family.

If you want an estate plan that does more than simply distribute assets at your death; or, if you are unsure of whether your current estate plan is adequate, talk with an attorney that has experience in estate planning and asset protection and review your situation.

Melanie Bradford Holliman

Partner, Bradford & Holliman, LLC

Practice focuses on estate planning, elder law and special needs trust.

2491 Pelham Parkway, Pelham, Ala. 35124

205-663-0281, www.bradfordholliman.com

This article is for educational purposes and is not intended for specific legal advice.

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