pleasureforHim
Posts: 171
Joined: 7/2/2005 Status: offline
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Note: This post is intended for entertainment purposes only. For legal advice in your situation, consult an attorney. There certainly are legal devices available (i only know US law) such as medical directives and living wills, which give some power to one party in a unmarried couple to be the person calling the shots for the other in a time of need. It is just as true that trust funds and life insurance policies may be established to protect one or both partners. (Note: life insurance may not be available because the purchaser is deemed to have no "insurable interest" in the life of the insured.) The best place to begin is with a will, under which the maker's wishes as to His property and end-of-life decisions are made known. This is especially true if the maker owns real property (a house, a farm) and wishes to bequeath that property to His submissive or slave. Sometimes, the presence of a will allows for a faster, less expensive probate process. The trust fund can be set up to arise under the will upon the maker's death, funded with certain designated property, but unless there's a tax advantage -- and with an unmarried couple i cannot imagine there would be -- a trust rather than an outright bequest is a complication and expense that the maker and beneficiary should probably avoid. One real problem is hospitals with "family only" visiting policies in their ICU's. Such policies separate the couple as the death of one approaches, and makes the end-of-life decisions very difficult for the other. You can check on these policies by calling your area hospitals. A couple might consider marriage as one becomes incapacitated or teriminal; the one left behind would recieve survivor benefits from Social Security, as well as Medicare health insurance. A submissive or slave would leave such benefits to her Dom or Master, even if she had not worked outside the home during their relationship, if she had a work history during her lifetime. The Social Security award is generally calculated on the worker's 4 highest earnings quarters. The Social Security Administration will calculate benefits for you. Go to www.ssa.gov. Marriage, as a legal planning device, gives rise to rights of inheritance that a will challenge -- if successful -- generally cannot remove. These are known as "dower rights" and in most states they are still recognized. The marriage creates the possibility of re-titling the home and other real property as "tenancy by the enterities", meaning upon the death of one spouse, the real property belongs soley to the other, without the need for a will or for probate. Only married couples may hold property in this fashion. Re-titiiling property after marriage is not generally expensive, but should be done by an attorney. Furthermore, a married couple enjoys a rather sizable tax advantage, not only equal to the non-working spouse's personal deduction, but also in reduction of the taxable rate applicable to the couple. Additionally, medical expenses are deductable on the tax return, subject to certain restrictions, to the extent that insurance does not cover them and that they are actually paid. Adverisements seen on tv for life insurance people aged "50 to 80" may or may not be worth the cost. Once again, an "insurable interest" in the other partner of an unmarried couple may or may not be found in the state you reside in. Furthermore, at this age, or under these circumstances, couples should exercise extreme caution when moving assets into new vehicles, especially ones they do not fully understand. The best person to advise a couple is an independent financial planner. (A person carrying the designation "CFP".) A fairly simple estate should not require a great deal ol planning and thus, of time and expense. In general, terminally ill people who do not expire quickly are sent to Medicaid nursing homes. Once again, an attorney should be asked to advise the couple. Medicaid has become more and more aggressive about recovering costs, and has recently made a move to acquire the family home upon the death of the spouse who was not in the nursing home. Naturally, in the absense of a marriage, Medicaid might be twarted in this acquisition, If either party to the couple has children they wish to bequeath property to, this should be a consideration. Attorneys skilled in estate planning are generally also skilled in the law of Medicaid planing and asset protection as well -- Medicaid should not be considered a barrier to marriage. This subject is much too broad to be adequately addressed in a single post. The bottom line is, any committed couple should consider seeing both an estate planning attorney and an independent financial planner. Now, while they're in good health, not later when a crisis has arisen and options have closed. i presume BDSM couples are like vanilla couples in their relutance to face death and deal with the consequences by drawing up a will; but there is a difference. Masters and Doms have, as i understand it, a very strong prediliction to protect their submissives and slaves. And submissives and slaves, with their deep yearning to assure their Master's or Dom's comfort, will want to ease His days as He dies and then carry out His wishes after death. Taking the first step -- making the appointment to see the attorney -- is difficult. Howver, good estate planing attorneys can put a client at ease. i have seen first hand the chaos that has arisen from the absence of a living will; a will drawn up by the maker without a lawyer; a will leaving property away from the maker's children, etc. None of it was good. In the throes of grief, the people left behind act rashly and sometimes with cruelty. The purpose of the living will, the will itself, the possible marriage are intended to provide ease and comfort to the maker but furthermore to His or her loved ones. Lastly; exercise caution whem using "do it yourself" documents garnered from websites or office supply stores. However, as to medical directives or living wills, some area hospitals may have these documents available to you online as part of their web sites and these you can probably rely upon. Nothing can replace the advice of an estate planning attorney (and the documents he produces) or a certified financial planner. pleasureforHim
< Message edited by pleasureforHim -- 7/15/2005 8:14:19 AM >
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