Opinion

Advance Medical Directives: A Solace for Loved Ones

Victor, age 75, wants to relieve his family from having to make decisions regarding his medical care in the event that he suffers a terminal illness, irreversible condition, coma or is likely to die within a short period of time unless he has extraordinary life-sustaining treatment. What can he do to relieve his loved ones of the burden of making the decision to withhold this life-sustaining treatment?

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LIFE CARE PLANNING

Lester, a widower, age 75, owns a ranch with 350 acres which he purchased fifty years ago. The property has greatly appreciated in value over time. His will leaves the property to his son and daughter in equal shares. However, Lester has considered selling the property now because he may no longer be able to live alone on the ranch and care for it. The problem with selling now is that he will incur substantial capital gains tax on the difference between what he paid for the property and its current value. Conver s e l y, leaving the children this property at death will increase their basis in the property to its value at his date of death, meaning that the only capital gains assessed will be on the increase in value from his date of death to the date of sale. Given the children intend to sell as soon as possible, that could mean zero tax. Is there an option for Lester that retains the stepped-up basis and relieves him of the burden of the property if he can no longer care for it?

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Heart Talk

Remember Bon Jovi’s 1986 hit that begins, “Shot through the heart, and you’re to blame. You give love a bad name,”? It turns out, Bon Jovi was on to something. A new field has developed called cardiac psychology. It studies the relationship between emotions and heart health. It seems that negative emotions like depression, anxiety, anger, and loneliness increase the risk of heart disease.

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Red Snow Cones

“What’s your name,” he asked with a curious look on his face. He was cute, personable, and probably six years old. “Do you know my name?” he continued. “Do you know what I like?” His questions were coming at me faster than I could respond. I wanted to ask him if he had a good Christmas, but I waited him out. “I like red snow cones, do you?” Then, he took off in a whirlwind of motion and I smiled as I watched him run to his mom. Here we were in January, the middle of winter, and the kid is thinking about snow cones. I’m sure there must be some lesson involved?

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Hither and Yawn….

The late Charles Uxer, longtime school superintendent and for several years director of the El Paso Educational Service Center, enjoyed visiting elementary classrooms. That’s where he heard the most far-out questions.

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Can Testator’s “Desire” Be Enforced?

Jonathan’s last will and testament expressed his “desire” that his executor sell his interest in his business to his business partner, Bill, and distribute the proceeds of the sale to Jonathan’s sons. Instead, the executor transferred the business stock to Jonathan’s two sons in equal shares. Bill sued to have the shares sold to him. Will Bill be able to buy the stock?

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