A good trust is one that suits your needs and desires. For many parents with young children, a testamentary trust is exactly what you are looking for if you are concerned about your children being able to manage property if you were to die suddenly. Here are a couple of quick points about testamentary trusts and why they are useful. The trust relationship. Every trust is basically a specific legal relationship between certain people. When you create a trust you select who these people are … [Read more...] about What You Need to Know About Testamentary Trusts
Trusts
Planning Considerations for Real Families
In an ideal world, all of our children or other beneficiaries would be fully grown, responsible, and disability-free upon our deaths. However, we don’t live in a perfect world and unforeseen circumstances often exist. Whether your beneficiaries are minors, are receiving assistance from the government based on a disability, or are otherwise not in the best position to manage an inheritance, there are plenty of great solutions available through proper estate planning. If your beneficiary is a … [Read more...] about Planning Considerations for Real Families
Decanting: It’s not Just About Wine
Decanting is a familiar process in winemaking as well as in chemistry. However, it is also a sophisticated process in estate planning. California recently passed legislation enabling it's use in the state. Question 1: What is decanting? Decanting is the process of transferring property from one trust to another. Specifically, the term applies when a trustee transfers property from one irrevocable trust to a new trust that has terms different than the original. Question 2: Why is … [Read more...] about Decanting: It’s not Just About Wine
Trustee Duties: Some Tips
With so many people creating Revocable Living Trusts today, it is not unusual for someone to find that they have been appointed as a Trustee upon the death of a family member. Some Trustees are called upon to pay the Trustor's bills and distribute the Trust assets as instructed by the Trust. At other times, the Trust was intended to last for a long time and the Trustee has an ongoing duty to manage the Trust such as in the case for Trusts set up for the benefit of young children. If you have … [Read more...] about Trustee Duties: Some Tips
What Is a Crummey Notice?
Although a Last Will and Testament remains the most common way to distribute an estate, a significant number of people choose to use a trust in lieu of, or in addition to, a Will to distribute their estate. If you are named as a beneficiary of a trust, it usually means you are entitled to distributions from the trust according to the terms created by the Settlor. What does it mean though if you receive a “Crummy notice?” Let's find out more about a Crummy notice and what to do if you receive … [Read more...] about What Is a Crummey Notice?
The Addicted Beneficiary: A Problem and a Solution
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
Can Beneficiaries Sell Their Trust Benefits?
Many people choose to use a living trust in addition to, or in lieu of, a Will to pass down estate assets. One reason people often choose to use a trust to distribute assets is the ability to direct when assets are distributed and even how assets are used by the beneficiaries. The benefit you gain by being able to dictate how trust assets are used, however, could be threatened if a beneficiary can sell or encumber her interest in the trust. Let's explore whether or not a beneficiary cannot … [Read more...] about Can Beneficiaries Sell Their Trust Benefits?
5 Steps in Creating a Trust
Historically, trusts were used almost exclusively by wealthy families to guard and pass down the family wealth from one generation to the next. Over time, however, trusts evolved to become much more useful to the average person. Consequently, trusts are now among the most common additions to the average estate plan. Let's look at five important steps to consider when creating a trust. Trust Creation Steps Define your trust purpose. This is the critical first step in creating a trust. … [Read more...] about 5 Steps in Creating a Trust
Do I Need a Revocable or Irrevocable Trust?
Trusts have become popular estate planning tools. Trusts come in many forms and can be constructed to accomplish specific goals in many cases. A basic trust consists of a trustor, a trustee, at least one beneficiary and assets that are used to fund the trust. Beyond the basics, trusts then fall into one of two broad categories — revocable and irrevocable. Although there are numerous other decisions that must be made when you create a trust, deciding whether your trust will be revocable or … [Read more...] about Do I Need a Revocable or Irrevocable Trust?
Our Available Services During COVID-19/Coronavirus Pandemic
The health and safety of our clients, staff, and friends of the law firm are top of mind amid concerns about the spread of the Coronavirus (COVID-19). As estate planning and elder law attorneys, our practice is dedicated to serving our most vulnerable citizens, including seniors, those who are ill, disabled, experiencing mental health challenges and children with special needs. The uncertainty around the pandemic has many people with immune system challenges concerned about exposure to the … [Read more...] about Our Available Services During COVID-19/Coronavirus Pandemic
