Browse Our Estate Planning Articles
Some of these articles have been written by our law firm and other articles are written by the American Academy of Estate Planning Attorneys and compliments of our law firm. Any feedback or questions about the articles can be addressed by contacting our office.
How a Pet Trust Can Protect Your
Furry Friends
Many of us think of our pets as family members, but we don’t always think through who will care for our beloved animals after we die. Did you know that you can and should include your pet in your estate plan? Here are some simple options for making sure your pet lives a happy and healthy life, even after you’re gone.
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Eighteen: The Magic Number?
You might look at your eighteen-year-old and see an average teenager, but, legally speaking, eighteen means adulthood. When your child turns eighteen, you no longer have the right to manage their property, access their medical records, or do any number of things you’ve taken for granted until now. Learn about the practical problems this can present and how you can plan around them.
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Protect Your Right to Make Medical Decisions
Who would make your medical decisions if you were terminally ill or get into an unexpected accident? Have you expressed your wishes to your family members and, just as importantly, have you formalized your wishes so that your doctors will follow them?
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Is an Irrevocable Life Insurance Trust Right for You?
The Irrevocable Life Insurance Trust is a common estate planning tool. Although this trust is irrevocable, it offers some flexibility. Learn some basic facts and benefits offered by an Irrevocable Life Insurance Trust. Discover whether it might work as part of your estate plan.
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Five Things Every Woman Should Know
About Estate Planning
Women’s roles in society and within the family have shifted dramatically over the past several generations and women have more earning power than ever before, yet too many wives take a backseat to their husbands when the subject of estate planning comes up. Here are five things every woman should know when it comes to estate planning.
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What to Expect at Your First Estate
Planning Consultation
A little nervous about your first estate planning consultation? Don't be. Here's what to expect.
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This New Year, Resolve to Review Your Estate Planning Options
It's time to make your New Year's resolutions. This year, consider adding a review of your estate planning options to your list. Whether or not you already have an estate plan in place, a careful review of your planning options will ensure that you protect your family and assets and leave a lasting legacy. This article reviews some estate planning information for you to consider for this New Year.
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What You Should Know About Seminars on Wills & Living Trusts
Have you ever been invited to an estate planning seminar, but been hesitant to attend? When a seminar is conducted by a licensed estate planning attorney, it can be the perfect way to learn about your planning options. Here's how an estate planning seminar can help you.
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Moving? Don’t Forget to Review Your Estate Plan
Although your Will or Trust might be the last thing on your mind as you prepare to move, this is actually an ideal time to review and update your estate plan. Find out why.
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Avoid These Four Asset Protection Pitfalls
The estate planning process presents a number of opportunities for using asset protection strategies to protect yourself and your loved ones. Learn about asset protection, and avoid these four common pitfalls.
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What Does a Millionaire Look Like?
Last year, the number of households in the United States with a net worth of $1 million or more grew by 16%, reaching 7.8 million. So, what does a typical American millionaire look like? The answer may surprise you. This article reveals characteristics and habits these self-made millionaires have in common and how you can learn and prosper from their example.
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Recently Divorced? Make Sure You Tie Up All The Loose Ends
As anyone who's been through a divorce can confirm, it can be an emotionally draining and devastating experience. Once the divorce is finalized, you may think that all your legal ties to your former spouse are completely severed. However, it couldn't be further from the truth - especially if you created an estate plan while you were married. This article discusses which estate planning documents need to reviewed and newly created, and the beneficiary designations that need to be updated after a divorce.
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What to Do With a Windfall
We've all had dreams of striking it rich one day. But what would you do if your dream actually became reality? If you unexpectedly come into an inheritance or a large sum of money, it is important to know what other issues come with this new found wealth. Taxes, estate planning and financial planning to name a few, need to be considered and addressed. This article covers what to do if your dream of sudden wealth comes true and how best to handle this happy windfall.
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How to Help Others While Reducing Your Taxes
Lately it seems like natural disasters around the world are regular occurrences; from earthquakes in South America and China to hurricanes in the Atlantic and Gulf of Mexico. We feel empathetic for the victims, but often feel powerless to help. While we may be too far to personally help the victims of these disasters, many of us send donations to help people in these communities. However, sending a check may not be the wisest choice for taking advantage of the potential tax saving benefits offered through other gifting methods. This article discusses the main gifting strategies for maximizing tax benefits, such as Charitable Trusts.
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Home Comforts: Maximizing Your Most Valuable Asset
If you're like many Americans, your home is your single most valuable asset, both emotionally and financially. In addition to being the center of your family life and possibly your most significant financial investment, your home can offer you benefits in terms of taxes, estate planning and asset protection. This article provides various examples of the benefits you can take advantage of as a home owner. With the help of a qualified estate planning attorney, you can make the most of your home, now and in the future.
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Estate Planning: It's About More Than Taxes
In 2010, contrary to a lot of people's expectations, Congress allowed the one-year repeal of the estate tax. Despite all the fuss, the estate tax repeal didn't eliminate the need for estate planning. Why? Estate planning is about so much more than just taxes. This article discusses the many non-tax related reasons why it's important to have an estate plan in place.
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Calculating Your Financial Wealth
There are many financial and non-financial reasons to know your net worth. Estate planning is one of those important times when knowing your net worth is essential. When you plan your estate, your attorney needs to have an idea of your financial assets in order to design a plan that achieves your goals and preserves your assets for your family and loved ones. This article provides 3 simple steps to assist you with calculating the financial value of your assets.
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The Impact of Dying Without an Estate Plan
Most of us expect that we'll be around to see another day. However, many people die unexpectedly from accidents, heart attacks, and other misfortunes. However, another big tragedy is dying without an estate plan due to procrastination. The time to plan is when we're alive and well, before illness or incapacity can strike an unexpected blow. This article looks at what would happen if you passed away with no plan in place to outline your wishes both during any period of incapacity and after your death.
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Funding is Critical to Estate Planning
When Ted and Emily set up their Revocable Living Trust, they thought they were done. But when Ted passed away, Emily found out how wrong they were - the Trust they had created had not been funded. Some assets passed as joint tenancy, some by beneficiary designation and other assets had to go through probate. Learn how a properly funded trust could have avoided the distribution problems Emily encountered and achieved the results they had set out initially to accomplish.
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When Harry Met Sally: A Lesson in Preventing Family Discord
Oftentimes, families can be torn apart when a disgruntled beneficiary challenges a Trust. This article looks at a blended family's Trust inheritance that was contested by one of the beneficiaries. The contest cost all the beneficiaries hundreds of thousands of dollars and ultimately severed their relationships. Learn how their loss, both emotionally and financially, might have been avoided if the Trust had included a No Contest clause.
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Keeping Your Vacation Home in the Family
Vacation homes hold a special place in our hearts with fond memories of special times shared with family. However, most people do not realize that leaving the family's vacation home to their children without proper planning can be devastating to their ongoing relationships and can tear the family apart. This article discusses the estate planning options available to preserve family relationships and keep the vacation home in the family through the use of special shared use agreements and separate funds that will pay for any expenses.
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A New Tax and Retirement Opportunity in 2010
We all know the importance of saving for retirement. However, those earning above $100,000 have had one retirement saving opportunity denied to them: the Roth IRA. If you fall into this category, you are now in luck! Beginning in 2010, there is no income limitation for converting from a traditional IRA to a Roth IRA. There are two methods to get money into a Roth IRA: Contributing money to the Roth IRA or converting a regular IRA to a Roth IRA. The rules are different depending on which method is used. In this article, you will learn how a Roth IRA works and the advantages you may gain if you convert. A Roth IRA can be a great way to save for retirement. But remember, these and other valuable assets in your estate are governed by beneficiary designations. A qualified estate and retirement planning attorney, who focuses their practice in that area, can help tailor an estate plan that coordinates the beneficiary designations and can help you decide whether switching to a Roth IRA is right for you.
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Pet Planning - Not Just for the Rich and Eccentric
When people think of someone setting up a Trust for their pet, they might imagine Leona Helmsley's pet Maltese named Trouble drinking Perrier from a crystal bowl in a lavish Manhattan penthouse. However, you don't have to be rich and eccentric to set up a Pet Trust to care for their beloved pet(s). Pet Trusts are most commonly set up by caring individuals who just want to make sure that their non-human family member is taken care of in the event of their own death or disability. This article discusses the 3 easy steps necessary to set up a Pet Trust for your furry and feathered family members. Remember, without you planning for them in advance, they may face the same awful fate that awaits so many other orphaned pets. You will sleep better knowing that they will continue purring or wagging their tail even if you're no longer able to care for them.
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4 Deaths, 3 Estate Planning Mistakes
What would you want to leave behind for your family when you pass away? If the answer is not a contentious mess, then planning is required. Unfortunately, only 44% of Americans have a simple Will, much less a well-coordinated estate plan. In this story there are 4 deaths with 4 different outcomes. Each had the best of intentions but only one provided for their loved ones after their passing. A qualified estate planning attorney, one who focuses his or her practice in estate planning, can help you craft a well-coordinated estate plan that will provide for your loved ones who were left behind and avoid the 3 mistakes made by these families.
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Taking Care of Rover After You're Gone
Your pet may have been with you for years and provided companionship and support. We plan for our human families, like our children, but oftentimes forget about our pets or assume someone will take on their care. However, if we do not make arrangements for our pets, they may join the hundreds of thousands of sad pets who end up in shelters, or worse, are euthanized because of their owners' death or disability. These loving, vulnerable members of your family need you to plan for them, too. This article discusses how a Pet Trust can help you provide for your pet when you are no longer able to offer care and support.
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When Time Is Short
Thinking about the end of a loved one's life is always tough to do. But what if you learned your mother only had one year to live, what would you do? After discussing treatment options, hospice, and her health care management, it may be wise to talk with your mom about setting an appointment with her estate planning attorney. Chances are her current estate plan isn't up-to-date, or worse does not exist. This article reviews a number of issues that should be discussed with her estate planning attorney to ensure your mothers' wishes are taken care of and her assets protected. This will help alleviate concerns and let your mom focus on making the most of her last days with her loving family.
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When a Loved One Passes
A death in the family can be especially traumatic and it is easy to overlook important items. It is often helpful to have a checklist with the various steps that need to be completed, so that in the panic and grief of the moment, nothing is forgotten. In this article you will find a short list of important action items and tips to help guide you when there has been a loss in the family. Keep this list handy so that you will not forget any major items. Don't go through this alone, a qualified estate planning attorney can help guide you through the often-difficult process after the death of someone close to you.
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Passport. Hotel Reservations. Living Trust?
When the inhabitants of Gilligan's Island went out for their three-hour tour, chances are they were not prepared for what was about to befall them. If they had never been rescued would their families be stuck in probate court attempting to divide their property even today? This article discusses the steps you need to take before you leave for vacation. The steps include a General Durable Power of Attorney and Revocable Living Trust, among others. Once these important measures are put in place, you will be able to relax and enjoy your vacation, worry-free!
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Eighteen and Alone: The Legal Risks of Independence
When your child turns eighteen, it may feel like nothing has changed. But, disconcerting as it may be, for all legal purposes, turning eighteen makes your child an adult. Even more disturbing is the fact that without proper legal safeguards, you may no longer have any say in their medical care or financial matters. This article reviews the barriers that may prevent you from accessing your child's medical information in case of an accident or illness. Also discussed in this article are several legal safeguards that can be used to prevent this from happening to you and your child.
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Estate Planning in the Electronic Age
In today's electronic age, it seems that things are changing at an ever increasing rate. Every time we turn around, there's a new technology and more and more information to keep in mind. With the electronic storage of sensitive financial and emotionally valuable information, a new concern people have is what to do with "electronic assets" after their death or disability. This article discusses four possible options for the transfer of these potentially valuable assets.
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Don't Trust Your Legacy to Just Anyone
When we plan our estates, we must take into account the potential life changes that may arise for our surviving family members and ensure that we provide inheritance protection from the many real world dangers that may come up in today's times. However, not all estate plans are created equal. The knowledge and experience of the attorney you retain could make a significant difference in the lives of your surviving family members. Learn what to look for in the attorney you work with and the importance of including divorce, remarriage and lawsuit protection in your estate plan.
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Estate Planning: It's Not Just About the Documents
An estate plan passes your assets to whom you want and in the manner you want after your death. However, some of your assets may not be controlled by your Will or Living Trust. This article discusses the various problems that can result when a thorough review of assets and ownership titles doesnt happen and how working with an experienced estate planning attorney can ensure that you avoid any planning pitfalls.
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What Do Estate Planning and Shoes have in Common?
Surprisingly, estate planning and shoes share many similarities. However, selecting and implementing an estate plan is a bit more complex than choosing a pair of shoes. This article discusses the many similarities between shoes and estate planning, while providing a list and explanation of the various important components in a complete and integrated estate plan
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Guarding Against Mental Incapacity
Mental incapacity is something that concerns all of us as we age. Like physical decline, the loss of mental alertness may not be entirely within our control. This only increases the need for proper planning. If you have not planned, and are no longer able to handle your financial affairs, a competency hearing may be necessary. This article discusses certain estate planning tools that are available to help avoid this hearing and take care of you and your family in the event of your incapacity.
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Preserve Your Legacy, Not Just Your Money
Death and incapacity are a natural part of the process of life. Along the way, we develop our values and accumulate assets and experiences. When planning for the future, ensuring your assets pass to your loved ones is only the beginning. A new paradigm in estate planning is emerging, Legacy Planning. This considers not only the tangible financial assets you are going to leave your family, but also what your goals, experience and values are. This article gives an overview of the key components of a Legacy Plan and explains how each component works together to create a plan that meets your needs and which your family will cherish for generations to come.
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Scams, Swindles, and Fraud, Oh my!
With more and more financial swindles making the news, it is not unreasonable to be worried about where you are investing. But scams are not limited to the investment field. There are plenty of scams to go around, even in estate planning. Seeking the counsel of a qualified estate planning attorney can help ensure you will not be the victim of an estate planning scam. This article explains what to look for in a qualified estate planning attorney.
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Caring for Your Spouse....Even After You're Gone
Do you worry about caring and providing for your ailing spouse and making sure their needs are met, after you are gone? This article describes how a Testamentary Special Needs Trust is one estate planning strategy that can help you do exactly that. Learn how you can plan now to help your spouse qualify for financial assistance for their future medical and nursing home costs, while preserving your assets for other expenses or "luxuries" that your spouse may need, which are not covered by government benefits.
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Trustee: an Honor and a Responsibility
Being named a Successor Trustee in your loved one's Trust is both an honor and a responsibility. It is the Successor Trustee's responsibility to administer the Trust and make many important decisions. In this article, we learn that some of those decisions may seem deceptively simple, however, the consequences of any hasty decisions could cause increased taxes and lost opportunities. Learn why it is important to consult a qualified estate planning attorney in order to prevent costly errors.
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Tough Times Could be Tougher
In unsettling economic times, people are looking for someone to hold accountable for their difficulties. With an expected increase in lawsuits this year, it is important to protect yourself. This article discusses steps you can take to protect yourself and your family against harmful lawsuits that could put all your assets in jeopardy. A qualified estate planning attorney can help structure a plan that limits your liability and keeps you safe during these tough times.
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Real Security
During these unsettling times everyone is searching for ways to feel more secure. This article provides details on how different components of a complete estate plan can provide real security for you and your loved ones, while building a solid foundation that can bring peace of mind during these unsettling times and in the future.
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Your Team is on Your Side
Estate Planning is like a team sport. Your team should be made of qualified professionals, which you have selected. This article examines your team members and describes the role they should play in achieving your goals. Working with your team, you will be able to build a game plan to get you to the finish line.
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New Year Brings Resolutions... and More
The coming of the New Year presents an opportunity to reflect on the past year, and reorganize our priorities and goals. One important resolution is protecting our assets and our families through estate planning. The process to achieve this goal is discussed in this article.
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A Loan May Be Taxing
This article examines important tax issues that may be overlooked when lending money to family members. Issues regarding gift taxes and income taxes are addressed and a possible solution using proper planning through an Irrevocable Trust is discussed.
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Powers of Attorney - May Not Be Enough
This article examines the limitations of using a power of attorney to delegate decision-making authority to someone else. It explores the solutions available through the use of a living trust by nominating someone as successor trustee.
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Vacation Properties Take Planning
Just as taking a vacation takes some planning, vacation homes take some special consideration in an estate plan. There are several factors to consider, such as the possibility of ancillary probate, the use of the vacation home by beneficiaries, and the value of the home in your estate. The article reviews the use of both a revocable living trust and a special irrevocable trust, for those with a taxable estate, to create an effective estate plan that includes the vacation home.
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Planning to Benefit Non-Traditional Beneficiaries
Traditional estate planning strategies are not always available to people who have non-traditional beneficiaries, but here is a strategy that can only be used for non-traditional beneficiaries. These beneficiaries include unmarried domestic partners, same-sex married couples, nephews and nieces, and friends. This article examines the use of a Grantor Retained Interest Trust (GRIT), which is not available for traditional "members of the family", as a strategy to help plan for non-traditional beneficiaries.
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Everyone Needs a Periodic Checkup
This article examines how legal and life changes may make it a good idea to consult with your estate planning attorney to ensure that your estate plan continues to achieve your financial and estate planning goals.
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A Trust Can Help Protect You from a Financial Crisis
This article examines how a trust can help expand the protection on your financial accounts, including those at banks, savings and loans, credit unions, and brokerages.
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The Silver Lining in Tough Economic Times
This article examines the current difficult economic times and how one estate planning strategy works better now than in better economic times.
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Split Things Fairly - Not Exactly
This article examines the difficulty of giving an asset that makes up the bulk of the estate to one beneficiary, while treating the other beneficiaries fairly.
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Grandma and Grandpa--You're the Best!
The article examines ways to give to grandchildren, both during life and after you are gone.
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Unique Planning for Unique Families
The article examines how Legacy Wealth Planning can be used effectively with a blended family.
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What's in a Word?
The article examines how George Carlin's comedy shows that the use of words can be important. The article looks at why that is also true in estate planning.
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What Successful People Do
The article briefly looks at a few billionaires, that all of them have in common that they plan, and that they have done estate planning. The article goes on to show how with Legacy Wealth Planning the reader can do them one better.
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Dividing Up the Pie
The article looks at FLPs, an advanced estate planning strategy. The article explains how FLPs can minimize estate taxation and maximize asset protection.
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The Top 10 Things to Know About Estate Planning
Many people are often confused by Estate Planning. Here is a list of the top things to know about Estate Planning.
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Joint Tenancy - Joint Problems
Joint tenancy avoids probate and seems like a simple solution. Howver, adding a joint tenant adds all sorts of unforeseen problems.
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Preparing for the Unthinkable
This article recites statistics regarding unexpected tragedies in the United States including heart attack, stroke, and auto accidents. It calls on the reader to establish a Legacy Wealth Plan to be prepared.
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The Prime of Life
This article recites the tragic story of Heath Ledger and how he omitted his daughter from his Will.
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Death and Tragedy
The article looks at the tragedy of family disputes and how to avoid them.
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The Passing of a Loved One
The article examines the seven elements which may be included in an estate plan: Health Care Power of Attorney, HIPAA Power, General Durable Power of Attorney, Revocable Living Trust, Pour Over Will, Funeral Trust, and Legacy Plan.
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Charitable Giving and the Holiday Spirit
The article examines various aspects of gifting such as the annual exclusion of $12,000 per person, as well as various charitable strategies.
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Protecting Your Children from Our Litigious Society
How can you protect your children and their inheritance from litigation? This article explains how some innovative trust, the Family Sentry Trust and the Family Access Trust can help.
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What's Important in Your Life?
This article looks at what's important in life: family, friends, and values. The article looks at tragedies in our lives and how we always come back to what's important in life. The article then transitions to a discussion of Legacy Planning. The article discusses the Family Wealth Trust, the Family Access Trust, and how they may be used as part of Legacy Planning to protect the children after you are gone.
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What's Probate and Should I Care?
The article examines what probate is and why it is best avoided, and how. The article also examines the holistic concept of "legacy planning."
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What's the Worst That Can Happen?
We often think that estate planning only deals with our assets at our death. This article debunks that myth and shows how a lack of planning can have negative consequences even during your life and not just on your assets.
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Planning for Unforeseen Circumstances
The article examines the importance of drafting flexibility into your estate plan to adjust for changes in values, circumstances, and interests.
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Putting Your Legal Life Back Together After Divorce
Divorce is common today. This article examines how to put your legal affairs back in order after a divorce.
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Decisions, Decisions, Decisions...
This article looks at the factors people consider when making estate planning decisions.
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Three Myths Women Have About Estate Planning
This article looks at several myths women have about estate planning. It includes some statistics that show why estate planning has more impact on women.
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Gifting to Children
This article examines gifting strategies for transfers in trust to minors. Specifically, it looks at Crummey trusts and 2503(c) trusts and the advantages and disadvantages of each.
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Protecting Your Children from Their Nightmares... and Yours
The article examines statistics regarding divorce in America and how to protect your children from divorce. It examines setting up a divorce protection trust for them as well as using a marital trust for second marriages for your own assets.
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To Roth or Not to Roth, That is the Question
The article examines the Roth IRA and recent developments that have expanded the concept, such as the Roth 401(k) and the ability to convert from a regular IRA in 2010.
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Your Most Important Choice
The article discusses the importance of selecting appropriate agents and guardians. It specifically examines the different roles and focuses on guardians. It looks at a case in which the guardian nominated was not chosen by the court.
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New Flexibilities for Partners, Children, and Others
The article examines the new "non-spousal rollover" provisions of the Pension Protection Act of 2006.
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Do You Want Your Spouse to Lose Your Biggest Asset?
The article examines how beneficiary designations must be coordinated in order to have an effective estate plan. It looks at the story of a woman who forgot to change her beneficiary designations. As a result her husband of 20 years did not get her retirement plan proceeds.
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Special Trust Thwarts Medicaid “Smash and Grab”
Its an increasingly common question in estate planning: what can older parents do to ensure long-term health care costs dont consume the family wealth? Medicaid, the governments health care safety net, wont cushion your fall into poverty until youve depleted most of your assets. By then, the inheritance you planned for your loved ones might look pretty paltry.
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Gifts of Interest in the Family Business -- The Wrong Way
One of the most important estate planning techniques is to have parents make gifts of interests in the family business to children, or trusts for their benefit, whether it be a corporation, partnership, or limited liability company. Gifts of interests in the family business reduce the estate taxes on the parents' estates using the $10,000 annual gift tax exclusion.
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Keeping It All in the Family with the Family Limited Partnership
The Family Limited Partnership is a well-rounded estate planning strategy that helps families pass wealth from one generation to another in a highly advantageous way that gains tax breaks without sacrificing control. This article explains how.
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Where There's a Will, There's Probate
This article contrasts the estate planning advantages of the Revocable Living Trust over wills.
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