More and more, Americans are choosing to be cared for and are dying in their own homes. If you wish to be cared for and die in your own home, it’s especially important to have a plan in place to facilitate that choice. Read this piece by my friend and colleague Steve Hartnett, an estate planning expert, to learn more. How Will You Age in Place and Be Able to Die at Home? … [Read more...]
Dividing Your Estate Unequally among Your Children
If you are the parent of more than one child, you have undoubtedly made a concerted effort to treat your children equally and not play favorites. You may feel the need to do the same thing when it comes time to think about how to distribute your estate. When your children are minors, your estate plan will likely rely on a trust to protect the assets intended for them. When your children are young, there are no extenuating circumstances to consider which makes decisions regarding the distribution … [Read more...]
Estate Planning for Blended Families: A Necessity
With over half of all marriages in America ending in divorce, it is no surprise that the number of blended families has also steadily increased over the past few decades. If you are one of those people whose is planning to remarry in the near future, you are likely concerned about how to create a successful blended family. Often, the partners in a blended family bring with them children from previous relationships as well as assets and debts. Discussing your financial strategy with your future … [Read more...]
How Your Estate Planning Attorney is Similar to Your Eye Doctor
Bet you never thought to compare your estate planning attorney to your eye doctor. But the experience is similar. Both your estate planning attorney and your eye doctor ask you questions to determine the right prescription for you. “Do you like it this way or that way?” “Which is clearer number 3 or number 4?” This is customized analysis, necessary to determine your prescription for both estate planning and glasses. In fact, sometimes the estate planning attorney determines that you don’t … [Read more...]
Choosing a Corporate Fiduciary Trustee
Sometimes a corporate fiduciary is named as a trustee or a co-trustee with a trusted family member or friend. A corporate fiduciary is, simply, a bank or trust company. Many are experienced, good with money, and trust worthy. Teamed with a family member, who cares about you, this arrangement can be helpful for those who don’t want to burden a family member or friend with all of the responsibilities of trust administration. The pros of naming a corporate fiduciary as trustee Corporate … [Read more...]
When a Will Helps and When it Doesn’t Help
If you’re like most people, you may be startled to learn that your will won’t do what you think it should do. A will is effective for naming guardians for minor children, naming an executor, and directing assets titled in your individual name or payable to your estate. A will may not control all property because of the way most property is owned. For example, consider Marv’s will. Marv’s will provides that all of his assets go to his children upon his death because he spouse, his second … [Read more...]
CONGRESS PASSES THE SECURE ACT: HOW DOES IT AFFECT YOU?
The most significant action of Congress in 2019 relating to retirement and estate planning was the late December passage of the “Setting Every Community Up for Retirement Enhancement Act of 2019”, commonly known as the “Secure Act”. It was signed into law shortly thereafter and is effective January 1, 2020, for most purposes. In this and future newsletters, we will look into the provisions of the Secure Act and also some strategies to maximize benefits and minimize problems created by this … [Read more...]
Reasons an Estate Plan Could Be Challenged: Part 4 – Lack of Testamentary Capacity
An Estate Plan is an essential part of your planning process. But there are ways an Estate Plan can be challenged as being invalid. This is part of a series of articles by my friend and colleague Steve Hartnett, an estate planning expert, on ways an Estate Plan might be invalid and how to avoid these pitfalls. This fourth article in the series looks at testamentary capacity. Reasons an Estate Plan Could Be Challenged: Part 4 – Lack of Testamentary Capacity … [Read more...]
Reasons an Estate Plan Could Be Challenged: Part 3 – Fraud
An Estate Plan is an essential part of your planning process. But there are ways an Estate Plan can be challenged as being invalid. This is the third part of a series of articles on ways an Estate Plan might be invalid and how to avoid these pitfalls. This article looks at fraud. Reasons an Estate Plan Could Be Challenged: Part 3 – Fraud … [Read more...]
Getting Together with Family for the Holidays
The holidays are a special time with family and friends. You can take the opportunity to check on elderly loved ones. It’s also a great time to discuss planning. Read this piece by my friend and colleague Steve Hartnett, an estate planning expert, to learn more. Getting Together with Family for the Holidays … [Read more...]
