When you’re deciding to whom to leave assets, most people choose their children or other descendants. However, you also need to decide on the “contingent remainder” beneficiary. In other words, who should get your assets if all your other beneficiaries are gone. Read on to learn more about this often-confusing concept. … [Read more...] about What’s an “Atom Bomb” or “Contingent Remainder” Beneficiary?
BLOG
Academy’s Fall Summit Virtually Perfect
You want your estate planning to be handled by an attorney who stays current on the law. The American Academy of Estate Planning Attorneys is holding its semi-annual conference providing education and learning for its Members. Read on to learn more. … [Read more...] about Academy’s Fall Summit Virtually Perfect
Fair Isn’t Always Equal and Vice Versa
When you’re deciding how your assets should be divided at death, sometimes dividing them equally is the appropriate choice. But, sometimes it’s not. Fair isn’t always equal or vice versa. Read on to learn more, including how to avoid a challenge if you choose an unequal division among your children. … [Read more...] about Fair Isn’t Always Equal and Vice Versa
Elder Law Answers: What Is Aging in Place?
Elder law attorneys help clients address the eventualities of aging from a legal and financial perspective. At the same time, we got into this area of the law because we care about people first and foremost, so we take the human element to heart. When your parents are going through their golden years, you may start to provide more and more assistance to them. The majority of elders need living assistance of some kind, and many senior citizens ultimately reside in assisted living communities … [Read more...] about Elder Law Answers: What Is Aging in Place?
Use Large Gift Tax Exclusion While You Can
Sometimes you have to strike while the iron is hot, and this dynamic can apply to certain aspects of your estate plan. Changes to relevant laws can result in time sensitivity, and we are in the midst of this type of situation right now. Unified Federal Gift and Estate Tax As estate planning attorneys, we are charged with the responsibility of protecting the legacies of our clients. High net worth individuals face an estate planning challenge in the form of the federal estate tax and its 40 … [Read more...] about Use Large Gift Tax Exclusion While You Can
Do You Pay Taxes on Living Trust Distributions?
The living trust is the ideal estate planning centerpiece for many if not most people for a number of different reasons. We will provide an overview here, but first, we will address a common question that is asked about taxation. Principal vs. Earnings The Internal Revenue Service proceeds with the understanding that the principal that is held by a living trust was accumulated after taxes were paid on the underlying income. As a result, distributions of the principal are not subject to … [Read more...] about Do You Pay Taxes on Living Trust Distributions?
Staying Current is Especially Important in the Pandemic
A Health Care Power of Attorney appoints someone to make decisions for you if you’re not able to do so for yourself. An Advance Directive expresses your wishes regarding end-of-life decisions. During the COVID-19 pandemic, it’s important to have them up-to-date. Read on to learn more. … [Read more...] about Staying Current is Especially Important in the Pandemic
What Happens to Assets Left Out of a Living Trust?
A living trust is a very effective estate planning device that is the right choice for a wide range of people. Before we answer the specific question that is the focus of this post, we will provide a brief overview of the benefits. Control and Flexibility Some people never consider the possibility of using a trust because they think that you are surrendering control of the assets that you transfer into any trust. You would surrender control of an irrevocable trust, but you retain incidents of … [Read more...] about What Happens to Assets Left Out of a Living Trust?
Embrace the Estate Planning Process
Most adults in the United States do not have estate plans in place, and this even applies to individuals that are in their 40s and 50s. Obviously, most people do not pass away before their time, but it does happen each and every day, so these people are taking unnecessary risks. Estate planning is one of the core responsibilities of adulthood, and you never know what the future holds. Granted, you may be able to go without a plan when you are a very young adult with no one depending on you. … [Read more...] about Embrace the Estate Planning Process
Is Probate Always Necessary?
Probate is the legal process that an estate must pass through under certain circumstances. Unless you have a small estate, the full probate process would be necessary if you use a will as your sole asset transfer vehicle. The court makes sure that the will is valid, and final debts must be paid before the estate is distributed among the heirs. If someone wants to challenge the will, they could make a case during probate. While it does serve some useful purposes, it is a hassle for the … [Read more...] about Is Probate Always Necessary?
