You have certainly heard of the legal device called a last will or last will and testament, and it is likely that you are also aware of the existence of trusts. Many people assume that all trusts are created equally, but in reality, different trusts serve very different purposes. Let's look at some of the details. Revocable Living Trusts A revocable living trust is a type of trust that can be useful if you want to facilitate timely asset transfers to your loved ones. The transfers would …
What Are the Disadvantages of a Power of Attorney?
A power of attorney is a legal instrument that is used to name someone else to act on your behalf. Our firm is focused on estate planning and elder law matters. Within our realm of the law, durable powers of attorney are often utilized. You would use a durable power of attorney to name someone to act on your behalf in the event of your incapacitation. This could seem like an unnecessary step to take, but when you look at the facts, you see that incapacity is quite common among …
Why Would I Use a Trust Instead of a Will?
If you have not looked into the subject thoroughly, you may automatically assume you should use a last will as an estate planning device. Many people do go this route, but you should be aware of the fact that you have other options. A last will is not going to be the best choice in many instances. Let's look at some of the reasons why you may want to use a trust instead of a will. Probate Avoidance A last will must be admitted to probate. This is the legal process of estate …
Who Needs a Will?
Estate planning is important for every responsible adult. People who are younger sometimes do not see the need, but anything can happen to anyone at any time, and it is important to be prepared. At minimum, you should have a last will stating your final wishes, even if you are a relatively young adult. At the same time, a last will is not the only vehicle of asset transfer that can be utilized, and it is not always the best choice. There are a number of different trusts that can accomplish …
Can an IRA Be Part of My Estate Plan?
If you have an individual retirement account (IRA), you may have every intention of using the assets in the account to fund your senior years. There is certainly nothing wrong with this, but if you are so inclined, you may be able to use your IRA for estate planning purposes. There are essentially two different types of individual retirement accounts that are widely utilized: traditional individual retirement accounts, and Roth IRAs. With a traditional IRA, you can start to take penalty …
What Is the Difference Between a Living Will and a Living Trust?
Legal matters can be confusing, and this is especially true when documents have similar sounding names. You hear a lot of things about estate planning, and you hear many terms tossed about, so you could come away with misconceptions. We endeavor to clear things up on our blog from time to time, and with this in mind, we will look at the difference between living wills and living trusts in this post. Life Support Preferences There are different types of wills used in the field of estate …
Budget Proposal Would Expand Federal Estate Tax
The recent State of the Union address that was delivered by the president included some insight into the budget that he was going to propose for 2016. This so-called "blue book" has been released, and we now know that an expansion to the federal estate tax is included in the budget proposal. Before we explain the proposed change, we should look back a few years so that you can understand the current state of affairs. At the end of 2010, a tax relief measure was passed, and it established a $5 …
When Does a Living Trust Terminate?
A revocable living trust can be a very viable solution for a wide range of people who have enjoyed some modicum of financial success. You receive a number of different benefits when you utilize this type of trust as a vehicle of asset transfer. Efficient Control of Resources When you create a revocable living trust, you name a trustee and a beneficiary, or multiple beneficiaries. The trustee is the trust administrator, and the beneficiary is the individual who can receive monetary …
Should I Use a Corporate Trustee?
A lot of people procrastinate when it comes to estate planning. The notion is that you can draw up some documents when you get old and gray, so there is no hurry. In truth, there is a lot more to the equation if you want to be appropriately prepared as a mature, reasonably successful individual. This is a pretty vast subject, and there are many facets to it. However, in this blog post, we will limit ourselves to the subject of estate administration and the value of a corporate trustee. The …
Are Estate Tax Laws Subject to Change?
Estate planning should be viewed as an ongoing process. The estate plan that you initially create is going to be based on the circumstances at that time. As the years pass, your own life situation can change, and relevant laws can change as well. Federal Estate Tax The federal estate tax carries a 40 percent maximum rate, so it can significantly reduce the value of your estate if you are exposed. In 2015, the federal estate tax exclusion is $5.43 million. This is the amount that can be …
Is Estate Planning Strictly for Senior Citizens?
The process of estate planning is something that is often overlooked by younger adults, but in reality, this is a mistake. Of course there is a clear-cut life expectancy. At the present time, the life expectancy is right around 78 years. However, this does not mean that you should wait until you are in your seventies to plan your estate. You never know what the future holds, and it is better to be safe than to be sorry. We all carry insurance even when we don't think that we will ever use …
Should I Download Estate Planning Documents Off the Internet?
There are websites on the Internet that sell estate planning documents. These are template, boilerplate documents that supposedly provide you with the ability to plan your own estate. A great deal can be said about the concept of DIY estate planning. One thing that immediately comes to mind is the matter of choice. There are many different tools in the estate planning toolkit. The right document for one family may not be right for the next, and in fact, a well constructed estate plan can …





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