It’s important to carefully consider each estate planning decision that you make, including the use of joint tenancy. While in limited circumstances it can be beneficial to own property in joint tenancy with another individual, there are also some significant disadvantages to this form of ownership. It’s important to carefully consider both the advantages and disadvantages before including joint tenancy in your planning. The benefit is generally probate avoidance . More disadvantages are … [Read more...] about Joint Tenancy: Watch Out for the Perils – Part 2 of 2
Proper Asset Ownership
Some people choose to own properly jointly with the use of joint tenancy. This can be a form of ownership that has certain benefits. Unfortunately, there are also issues that may arise when people choose to include this form of ownership in their estate plan. It’s important to consider both the advantages and the disadvantages before creating an estate plan. The benefit is generally probate avoidance. More disadvantages are described below. You lose control of your assets. If you choose to … [Read more...] about Joint Tenancy: Watch Out for the Perils – Part 1 of 2
If you own your own company, you know that running a business is a complicated venture that takes loads of planning time. Besides planning to grow and expand your business, you must also determine what will happen after your death. No Business Estate Plan If you don’t include your business in your estate plan, then it may not survive your death. If you have full or partial stake in a business, it will be considered a part of your estate upon your death. If you have not named someone to … [Read more...] about Family Estate Planning Should Include the Family Business
Estate planning is an ongoing process – when life changes, so should your plan. Many believe that once estate planning documents, such as a will, living trust or a durable power of attorney, are executed, their estate plan is complete. This is not the case – in fact, there are several mistakes that people tend to make in estate planning: 1. Failing to keep documents up to date. Changes such as marriage, divorce or the death of a spouse, beneficiary or executor should trigger a … [Read more...] about Avoiding Estate Planning Mistakes
While there are some rather complicated estate planning instruments utilized to achieve certain objectives, there are some simple and straightforward ways to transfer assets to your loved ones as well. One of these would be through the utilization of payable on death (POD) or transfer on death (TOD) accounts. You can set up an account like this at banks or credit unions, and some brokerage houses will allow for transfer on death options as well. When you set up the account you name a … [Read more...] about Are Pay on Death (POD) Accounts a Good Idea?
Many people mistakenly believe that a simple Will is all the estate planning they need. However, it is very likely you may need more than a Will to cover your all assets. A Will does not cover all types of property. This is a list of five items your will cannot cover or address. Survivorship property: If you own property in joint tenancy with a right of survivorship with a co-tenant, your Will does not determine ownership and succession rights. Instead, the surviving joint tenant … [Read more...] about 5 Types of Assets A Will Does Not Cover
If one of your loved ones has a substance abuse problem, an inheritance may make the addiction worse or even kill him or her. At the least, the inheritance is likely to be squandered. For anyone who has an addiction such as drugs or alcohol, it is best to pass the inheritance in trust, not outright. How Outright Inheritances Work Outright gifts pass into your beneficiary’s individual name. They are within your beneficiary’s full control, to be spent any way he deems appropriate. This … [Read more...] about The Addicted Beneficiary: A Problem and a Solution
Even in the best of times, people are always looking for ways to save money. During tough economic times, like we have seen over the past few years, finding ways to save money becomes even more important. Cutting corners when it comes to estate planning, however, is not one of the ways you want use to cut costs. Let’s look at just one example of the bad estate planning that results when trying to save money by “do-it-yourself” estate planning. Imagine the following scenario. You decide that … [Read more...] about Transferring Ownership of Your Home–An Example of Bad Estate Planning
No way! Married people need estate plans. Some folks think that because they own assets jointly with a spouse, they don’t need an estate plan. In fact, joint ownership is called a “poor man’s estate plan.” In reality, it should just be called a “poor estate plan.” Joint tenancy ownership is riddled with perils. Likely, the most serious peril is the unintentional disinheritance of your children. Sadly, it happens too often because of joint ownership. This is what can happen when you … [Read more...] about Married People Don’t Need Estate Plans, Right?
When someone dies, they typically leave behind various estate assets. This may include cash, investments, personal property or real property. All of the decedents property must be legally transferred upon his or her death. How the property is handled depends on a number of factors. Property held in joint tenancy with another person will pass by operation of law to the surviving joint tenant when the one of the joint tenant dies. In many cases, property held by husband and wife as community … [Read more...] about What Happens To One’s Property After They Die?