Do Not Use Funds from an Irrevocable Trust to Cover the Cost of an Assisted Living Facility

Oftentimes, individuals will put the proceeds from the sale of a house into an irrevocable trust. When the time comes, an elderly person may move into an assisted living facility, which can be expensive. A trustee of an irrevocable trust may look to use the funds in an irrevocable trust to cover the cost of […]

Utilizing An In Terrorem Provision In A Last Will And Testament

An in terrorem is a Latin word meaning “in fear”. It refers to a provision within a Decedent’s Will to disinherit a beneficiary if he or she challenges the Will in any way. Instead of a beneficiary receiving what he or she may have been entitled to within the Will, the individual will receive nothing, […]

Having Assets in Multiple States

Today, it is common for retirees to have residences in multiple states. Some choose to keep his or her family home and acquire a small home in Florida to visit during the cold months. When a person who owns residences or financial accounts in two different states passes, an ancillary probate proceeding must be commenced […]

Difference Between A Gross Taxable Estate And Probate Estate

A gross taxable estate includes assets that maintain an interest upon an individual’s death, regardless of whether the assets pass by way of a last will and testament. A gross taxable estate includes gifts made during an individual’s lifetime that exceed $14,000 per person per year. Also, a gross taxable estate includes property transferred during […]

It Is Best To Have An Attorney Execute A Health Care Proxy

A health care proxy is a signed document that gives an agent or agents the power to make medical decisions for someone in the event that he or she becomes incapacitated. Oftentimes, many people ask whether or not an attorney is required to sign a health care proxy for it to be valid. The answer […]

The Importance of Updating Retirement Account Beneficiary Designations

Many estate-planning mistakes involve retirement accounts. If you or a loved one has rolled over an employer sponsored 401(k) plan into an existing IRA, it is imperative that you update the beneficiary designation form that is on file. The failure to do so may result in an unintended beneficiary. Many individuals unintentionally fail to update […]

Placing Property In A Revocable Trust

A common estate planning mistake occurs when individuals own or acquire property outside of a trust. This can lead to unintended tax consequences and exposing property to probate or creditors.

Placing property in a revocable trust provides benefits such as allowing assets to avoid the probate process. In addition, by placing property in a revocable […]

Taking On The Role Of “Agent” In A Power Of Attorney

It may be a big undertaking when obtaining a power of attorney for a family member or loved one. A power of attorney provides authority to an agent to make decisions on behalf of the principal in the event that he or she becomes incapacitated. The “principal” is the person for whom an individual is […]

Adding A Prenuptial or Postnuptial Agreement To An Estate Plan

Many people who are looking to tie the knot believe that mentioning a prenuptial agreement eliminates the romance. However, like any business relationship, a prenuptial or even a postnuptial agreement provide a range of benefits and security to both parties involved in the marriage.

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Estate Plans Should Account for Digital Assets

Whether it’s through social media, online bank accounts, PayPal or email, today many people are storing their personal information and finances online. When an individual passes away, his or her online accounts will continue to remain active. For this reason, it is important to account for digital assets in an estate plan. By defining what […]

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