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Estate Planning Articles

Some of these articles have been written by our law firm and other articles are written by the American Academy of Estate Planning Attorneys and compliments of our law firm. Any feedback or questions about the articles can be addressed by contacting our office.

A Nursing Home’s Take on the Need for Medicaid Planning

Nursing homes have historically resisted the concept of Medicaid planning based on the assumption that patients who engaged in Medicaid planning were trying to avoid paying their bills. In recent years, many nursing homes have started to rethink that position as they realize that Medicaid planning is often in their best interest as well as the patient’s.

A Nursing Home’s Take on the Need for Medicaid Planning

Nursing homes have historically resisted the concept of Medicaid planning based on the assumption that patients who engaged in Medicaid planning were trying to avoid paying their bills. In recent years, many nursing homes have started to rethink that position as they realize that Medicaid planning is often in their best interest as well as the patient’s.

Medicaid Gifts to Children

Do the Medicaid gifting rules and asset transfer penalties have you confused? If so, you are not alone! Unfortunately, failing to understand the rules and penalties could result in your ineligibility for benefits right when you need them the most. The answers to several common questions may help you gain a better understanding of Medicaid’s rules and penalties.

Taking Care of Your Spouse After You Are Gone

It is not uncommon that a loved one is being cared for by a spouse close in age, so it is important to ensure they will continue receiving care even after their spouse is gone. An estate planning attorney can advise and assist with taking the necessary step to secure the future of your loved ones, especially those in need of special care and assistance.

The Risk of No Contest Clauses

The Risk of No Contest Clauses

Compliments of Our Law Firm,

Written By: The American Academy of Estate Planning Attorneys

When renowned fashion designer Oscar de la Renta died in late 2014, the assumption of many was his son, widow and her three children would receive similar – if not equal – inheritances. Instead, the designer’s son, Moises de la Renta received a very small inheritance (especially considering the size of his estate). Oscar de la Renta complicated things further for Moises when he instructed his attorney to include a no contest clause in his will. Is the paltry inheritance he recieved enough to prevent the younger de la Renta from tying up the estate in a lengthy court battle or is it sufficient enough for him to rethink any plans to contest the will at the risk of losing it all?

Moises was adopted by Oscar from an orphanage in Dominican Republic when Moises was two days old. Oscar raised Moises alone for the most part, though the elder de la Renta eventually remarried a woman who had three children of her own.

As Moises grew up, it became clear that he wanted to follow in his father’s footsteps. He launched his own line of women’s clothing, but instead of making his father proud, it resulted in a falling out between the two in 2005. Father and son didn’t speak for some time and judging from the estate’s details, it appears his father hadn’t forgiven him. Further, Moises’ fashion line never gained traction.

Many were surprised to learn of the no contest clause, which in effect states that any efforts to contest Oscar’s last will and testament can result in a total loss of Moises’ inheritance. In order for these types of clauses to really serve a purpose, there must be an incentive. For instance, if the younger de la Renta learned he’d inherit $10,000, it may not be enough of an incentive to remain quiet. He may be willing to lose $10,000 if there’s a possibility of successfully contesting the will. On the other hand, if his father left $500,000 to him, Moises could be less inclined to jeopardize that sum of money.

At the age of 82, Oscar had only recently signed his will in the final weeks of his life. His wife of 25 years, Annette, inherited most of her late husband’s material possessions and other assets, including a Park Avenue apartment valued at $13 million, a home in Connecticut worth nearly $3 million, and an estate in the Caribbean. The remaining assets were left in trust for his three stepchildren and his own son. It’s interesting to note that de la Renta’s widow and stepdaughter are co-executors of the estate; Moises plays no role.

To learn more about no contest clauses and how to reduce the risk of having your estate plan contested, we welcome the opportunity to help you explore your estate planning options.

Estate Planning When You’re Child Free

Estate Planning When You’re Child Free

 Compliments of Our Law Firm,

Written By: The American Academy of Estate Planning Attorneys

Between 1980 and 2010, the number of women over the age of 40 who opted to forego motherhood doubled from 10 percent to 20 percent. That trend is expected to continue. The reasons for remaining childless are as varied as the men and women who have chosen to skip parenthood. Many are involved in their careers, others may have married and divorced early on and have no desire for domestic life and others say they worry about the future and what it might look like twenty years from now. Still, there are long-term planning objectives that are as important for childless men and women as they are for parents. Estate planning as a whole should remain a priority.

Estate planning is far more than creating a will; it’s about ensuring your financial bases are covered through every aspect of life. Not only that, but there are healthcare considerations, taxes, insurance, creditors, and other legal considerations.

Don’t underestimate the importance of powers of attorney. Who do you trust to make medical decisions if you are unable to speak for yourself? Who pays your bills if you’re in the hospital? Who ensures the mortgage is paid and the utilities are covered? A financial power of attorney as well as a healthcare proxy are vital.

Have you:

  • Bought a home?
  • Saved for retirement?
  • Invested in stocks?
  • Opened your own business?
  • Maybe you’ve won the lottery?

These are all assets that are part of your overall estate plan and unless you want the state to determine what happens to those assets, it’s important to cover those bases with properly prepared legal documents.

Your nieces and nephews could benefit from your years of hard work. A trust is a great way to help them as they begin their lives. Whether you set money aside for college or a down payment on their first home, you could make a difference in their lives as they transition into adulthood.

Speaking of making a difference, don’t overlook the importance of charitable giving. This is a great way to give back to your community and regardless of which charity benefits from your generosity, you can be sure you’re leaving the legacy you envision.

Don’t forget to set up a pet trust, if appropriate. These are simple documents that allow you to express your wishes for your furry family members while also financially providing for their care. We love our dogs and cats and we want to be sure they’re cared for and loved if we are unable to do so or are no longer here.

Many Americans may choose to remain childfree, but that makes the need for a strong financial and estate plan all the more important. A qualified estate planning attorney can assist you with putting your legacy in place. Contact our offices today to schedule a consultation.

Your Independence, Rising Medical Costs and Retirement

Your Independence,
Rising Medical Costs and Retirement

Compliments of Our Law Firm,

Written By: The American Academy of Estate Planning Attorneys

Many of us believe we have the “planning for the future” space covered. We’ve worked hard and saved. Our homes are paid off by the time we go into retirement and as far as we’re concerned, life now consists of living well in the way we define. In a perfect world, that’s true. In reality, there are a few things which can quickly annihilate our sense of independence. Planning is key, but knowing precisely what you need to plan for is crucial.

It’s not uncommon to hear stories like this: A woman shares a tale about her closest friend whose husband had passed away a few years earlier. She tells of her friend’s loss and grief and the many things she’d begun to do as she learned to live her life without her husband by her side. Her friend was able to travel, visit old friends and of course, visit her children and grandchildren. During one of her trips, she became quite ill. After spending an extended period of time in the hospital, her family was told that she would need long-term care in a nursing home. The doctors said it wouldn’t be a permanent scenario, but this type of long-term care was crucial for a full recovery.

The Harsh Reality

The belief was that Medicare would cover these expenses. However, the family soon learned that not only did Medicare not cover any of her nursing home expenses past 100 days, but there were also considerable copays after the first 20 days. Further, she and her family learned that the costs of the nursing home would come to more than $8,000 each month. Up until then, the woman was sure all of their planning had sufficiently covered their bases in such a way that they would never be reliant on their children. Instead, this medical emergency cost her the entire life savings and before long, she had no assets, which meant there would be nothing to leave her children and grandchildren.

This woman was now worried because she and her own husband had followed a similar path for their after-retirement planning. She especially wondered what she could do to prevent this same fate of her friend.

Medicaid Income Only Trust

When applying for Medicaid, the applicant must not have more than a certain amount of assets. In most states that limit is $2,000. In addition, there are certain assets which are exempt and not countable resources, such as the primary residence, up to limits set by the state, but in no event less than $500,000 of equity. If you put money into a Medicaid Income Only Trust, those assets are not countable resources. However, you have to plan in advance because a transfer within five years of when you apply for Medicaid can incur quite substantial penalties. The Medicaid Income Only Trust is an irrevocable trust where the person transferring the money into the trust no longer has rights to the principal, but has rights to the income. The principal is retained in the trust and administered for the beneficiaries you determined, typically your children, on the terms you set up. The income is paid to you. If you need nursing home care, the income may go toward medical expenses, but the principal is safe from the medical expenses.

In addition, had the woman’s friend incorporated a Medicaid Income Only Trust, she and her family wouldn’t have faced a steep $8,000 monthly nursing home cost. Even though most of her income would have gone towards her medical care, the remaining balance would have been picked up by Medicaid.

This cautionary tale is meant to convey that with just a bit more planning, you too can better preserve your resources while planning for the unexpected and not allowing your family to shoulder the financial burdens. Discuss your options with a qualified estate planning or elder law attorney can help you plan to preserve your financial independence in the best way for you.

The Changing Needs of Aging Parents

We always hear that planning is crucial. No truer is that sentiment than when it comes to caring for our aging parents. Proper planning can mean the difference of an enjoyable retirement or one that’s riddled with problems.

Funding: What Should Ted and Emily Have Done

While creating a Trust is an important step, it’s just the first step in securing your legacy. Has your Trust been properly funded? Find out why you should follow up with a good estate planning attorney to ensure your assets are properly protected.

Decisions, Decisions, Decisions

Written By: The American Academy of Estate Planning Attorneys

Now is the time to think about resolutions and look towards the future. One resolution you should consider this year is to think very long term. Instead of just planning for how you can improve life in the upcoming year, the dawn of a new year is the perfect time to create a concrete plan to take care of your family after you are gone.

Here are some statistics to think about: As many as 55% of adults in America have no will or estate plan in place. For minorities, the number is even higher. A full 68% of African American adults and 74% of adult Hispanics have no Will.
Without a plan in place, the state-(not you-) gets to decide how your assets are going to be divided. You’ll have no say over who distributes your assets, or over what happens to your property. (You could also cost your heirs some money or leave your heirs fighting about who inherit what.)

So, why don’t more people have a plan? Some don’t know how to create one, while others are hesitant to make the tough choices about how to distribute their assets among those they love. An estate planning attorney can help with the legal process of dividing your assets and can even offer advice on some of the decisions you’ll have to make when planning for life after your death.

Creating Your Last Will & Testament

There are lots of reasons why people need to create a comprehensive estate plan. While around 59% of people who plan for the future do so in order to avoid probate, limiting family chaos is the second most important reason people cite for engaging in estate planning.  Protecting children’s inheritances is a prime goal for around 39% of estate planners, while just 34% of people are motivated by minimizing estate taxes.

Whatever your reasons for sitting down with an estate planning attorney, some of the key decisions you’ll need to make include:

  1. How to distribute assets:  Only 27% of Boomers think about how much money they will leave to others. For millennial children, 31% of whom expect an inheritance averaging over $350,000, this lackadaisical attitude by mom and dad may come as a big shock.
  2. Who will make decisions after your death or disability:  You may need to name a Trustee, a personal representative or an executor of your estate as part of your estate plan. You may also want to create a durable power of attorney and designate someone to act as your agent if you remain alive but unable to manage your own affairs.

Both of these issues can be really contentious.  For example, as Reuters explains, disinheriting a child could lead to a lawsuit to have your plan overturned (especially if the assets in your estate are large enough to make a case worthwhile).  At the same time, sometimes leaving your kids an equal amount is not going to be a fair choice either, especially if you have provided more for one of your children over the course of your life than for the others. One article on USA Today, for example, suggested that parents level the playing field at death if they paid more for one child’s education or if one child took care of them at old age.

When it comes to naming a Trustee, a personal representative, or an executor, family fighting and chaos could also result if you are not clear on your wishes.

Fortunately, an estate planning attorney can help you to overcome the challenges in creating an estate plan. As you consider the future and set your New Year’s resolutions, put it on your list to talk to your lawyer about how you can create a comprehensive plan that will give you control over your assets and avoid fighting among your loved ones after you are gone. So, this New Year’s, make your resolution one you can keep: resolve to make important decisions now about life after your death.

http://info.legalzoom.com/statistics-last-wills-testaments-3947.html

http://www.flprobatelitigation.com/files/2014/10/2013-Industry-Trends-Survey-Report20141016171345.pdf

http://newsroom.ameriprise.com/images/20018/FINALFinancialTradeoffResearchReport.pdf

Open Communication Avoids Disputes After Death

Proper planning with a qualified estate planning attorney can help to ensure that your assets are distributed appropriately after death. However, unless you have spoken to your loved ones and beneficiaries, there may still be conflicts if the terms of your inheritance come as a surprise. Find out more about the importance of communication with your loved ones sooner rather than later, and what to discuss to avoid unnecessary conflicts after you pass.

Importance of Legacy Planning

Written By: The American Academy of Estate Planning Attorneys

Over the next 30 years, baby boomers who pass away are poised to pass on as much as $30 trillion. This is described by the Washington Post as “the largest transfer of wealth in U.S. history” and the legacy you will give your children when you pass on go far beyond the gifts that may be under the tree. The vast amounts of money that will be passing from one generation to the next have left many parents wondering what exactly they should do with their money… and some of them even make unconventional choices.

The Post reports on very wealthy individuals, like Bill and Melinda Gates and the musician Sting, who don’t want to leave all of their money to their kids because they don’t want to create a disincentive for their children to do something on their own. Of course, even those who don’t have the millions or billions that these famous and wealthy individuals have will still need to make some important choices about the legacy they want to leave behind for their loved ones. Spending time with new generations over the holidays is a reminder that now is the perfect time to plan ahead to secure their futures.

When Legacy planning goes beyond just estate planning, most people make the choice to plan ahead for what happens after their death. They can make sure they avoid chaos and fighting among family members and to ensure their assets go to those close to them. The process of estate planning can involve transferring ownership of assets into a Trust, creating a Will, and also making plans for how assets will be distributed and to whom.

However, there is a step beyond estate planning that many families consider: legacy planning. Legacy planning means not just transferring money, but gifting assets in a way that provides guidance and protection and instills values in those who receive the inheritance. For those who chose legacy planning, the goals may be to provide a nest egg for kids; to protect money in the event of a divorce or creditor claim; and to encourage those who receive a gift to use the money wisely.

There are different approaches to legacy planning and it depends on what your most important goals are. For example, options may include:

  • A Family Access Trust: This provides unfettered access to an inheritance, while ensuring that your money is protected in the event that your beneficiary divorces. If you want your kids to be able to do what they want with the money you leave behind but you don’t want it to fall into the clutches of an ex, this may be the right choice.
  • A Family Sentry Trust: This type of Trust provides an inheritance that is shielded both from the hands of ex-spouses in a divorce and from the hands of creditors. The Family Sentry Trust can also be managed to protect beneficiaries who may not have a lot of experience with handling money or who may be prone to bad investments. The added level of protection provided by this Trust ensures that the money you leave to your children will not be squandered on careless investments or eroded by poor financial choices.

The Post quoted Warren Buffet, who believes that the right amount to leave to children is “enough money so that they would feel they could do anything, but not so much that they could do nothing.” Leaving a legacy behind that benefits your children is a difficult thing to achieve, and parents need to know how to create a plan that provides for their loved ones in a smart way.

This holiday season, as you contemplate gifts to give to celebrate the holidays, it is the perfect time to get started on creating a comprehensive plan for the legacy gifts you will leave behind. An estate planning lawyer can provide you with the advice you need to make the very best plan to enrich your children after your death.

Gifting Your IRA to Your Favorite Charity

Many people may be considering giving to a favorite charity or cause especially around this time of year. However, it’s important to make sure you’re informed about the latest tax rules before drawing from your Individual Retirement Account (IRA) to avoid any unpleasant surprises. Find out why you should speak with an experienced attorney when you’re feeling charitable this holiday season.

Effects of an Adoption

When you make the decision to adopt a child into your family, it can be an exciting and emotional time. Don’t let this joyous occasion of adoption lead to legal or financial trouble that can be avoided with proper planning. Find out why it’s important to speak with an experienced estate planning attorney when you’re ready for that big step!

How to Leave Behind a Lasting Legacy for Your Loved Ones

Leaving any bequest to your loved ones after you are gone can make a huge impact in their lives. However, it takes more than a few basic steps to ensure they receive the greatest benefit from your gift. Find out how to avoid these common estate planning mistakes and ensure you’re leaving a legacy that will last.

Selecting an Estate Planning Attorney Wisely

Poor estate planning can lead to disagreements among heirs and your legacy being lost. Don’t make the mistake of failing to plan properly, as these famous celebrities did. Ensure you have a good estate planning attorney helping you prepare for the future.

Estate Planning for Young Adults

Estate planning for an 18-year-old isn’t something most people think about, but there are certain documents you need to create in case something happens to a young adult. An estate planning lawyer can help.

Facing Reality: The Essence of Family Business Succession Planning

It’s no secret that a business owner must face the reality of what will happen to their company upon their death. Are you prepared to consider the many factors of family business succession planning?

Sometimes “No” is the Best Answer

Just because you receive an inheritance does not mean you have to accept the assets. You have the right to disclaim the inheritance, which can be beneficial in some circumstances.

My Will and Trust are Complete, Do I Still Need an Attorney?

If you’ve already created your Will or Trust, chances are that most people think they’ll no longer need the advice of an estate planning attorney. However, even minor life changes may require attention in your plan. Find out why it’s absolutely essential to review your Will or Trust periodically with an experienced estate planning attorney.

Choosing a Trustee: The Relationship Matters

Selecting your trustee is a critical decision because that person will be responsible for making sure your wishes are carried out in your estate plan. But what should you do if there’s tension between that person and other family members? Find out why relationships matter when selecting your trustee.

Planning for a Stress-Free Vacation

While many people plan out their vacations in great detail, they may be forgetting to address what to do if the unexpected happens while they’re out of town. Find out how setting an estate plan in place, even a basic one, can minimize your worries about those “what if’s,” and enjoy that vacation you’ve been dreaming of.

How to Include Service Providers in your Estate Plan

We typically have several companies or individuals who provide important services in our day-to-day life. Would your Trustee know who to contact in order to make sure everything from your home to your medical care continues to run smoothly if you were no longer able to? Find out what to consider when creating a list of important “service providers” when creating your estate plan.

Include Personal Property When Creating Your Estate Plan

Even with extremely careful planning, people can often neglect to outline who should receive their family heirlooms and emotionally valuable property. Find out what you can do to avoid unnecessary feuds over your tangible personal property and help prevent potential family conflict.

Loaning Family Money – What You Need To Know

Loaning Family Money – What You Need To Know Loaning Family Money – What You Need To Know Written By: The American Academy of Estate Planning Attorneys People lend money to family members for a variety of reasons.

Eighteen: The Magic Number?

You might look at your eighteen-year-old and see an average teenager, but, legally speaking, eighteen means adulthood. When your child turns eighteen, you no longer have the right to manage their property, access their medical records, or do any number of things you’ve taken for granted until now. Learn about the practical problems this can present and how you can plan around them.

Estate Planning is a Team Effort

It takes a team to make sure you have a fully functioning estate plan. Learn about the players, their roles, and – most important – how simple it is to assemble your estate planning team.

Four Tips for a Pain-Free Tax Season

April 15th is fast approaching. Here are five simple and effective tips for saving time, money, and stress this tax season.

Cross-Training for Financial Fitness

Many couples take a divide and conquer approach to household chores, and this tends to include finances as well. Often, this means one spouse is in the dark when it comes to the family’s bills, budget, and important documents. Here’s how you both can get up to speed.

Peace of Mind for New Moms and Dads

As a new parent, estate planning might be at the bottom of your long list, however, it can bring you immense peace of mind. Here’s what you need to know.

Special Needs Trusts for Children with Down Syndrome

Does your child with Down syndrome receive government benefits? If yes, using your Will to leave money directly to your child can jeopardize his or her government benefits. Learn how a Special Needs Trust can provide long-term protection for your child.

Estate Planning is Essential for Same-Sex Couples

For most people, dying without an estate plan means burdening loved ones with added inconvenience, delay and expense. For same-sex couples, however, dying without an estate plan can spell disaster. Find out why and learn what you can do about it.

Three Simple Steps for Managing a Windfall

What would you do if you suddenly became wealthy? Did you know that there are certain steps you should take if you win the lottery, inherit a fortune, or receive some other form of a windfall? Find out how to make the most of sudden riches – and how to avoid financial trouble.

What to Expect at Your First Estate Planning Consultation

A little nervous about your first estate planning consultation? Don’t be. Here’s what to expect.

Five Things Every Woman Should Know About Estate Planning

Women’s roles in society and within the family have shifted dramatically over the past several generations and women have more earning power than ever before, yet too many wives take a backseat to their husbands when the subject of estate planning comes up. Here are five things every woman should know when it comes to estate planning.

Five Non-Tax Reasons You Need an Estate Plan

Estate planning is only for wealthy people who want to reduce their estate taxes, right? Wrong! Only a tiny percentage of Americans need to worry about estate taxes but every adult needs an estate plan. Find out why.

Why Everyone Needs an Estate Plan

People tend to think of estate planning as something that only the wealthy or the elderly need to do. In truth, regardless of your age, your situation in life, or your level of wealth, estate planning accomplishes a few universal goals.

How Low Interest Rates Can Influence Your Estate Plan

You might not realize the advantages a low interest rate environment can offer for estate tax planning. Let’s take a look at just a few.

Planning for the Worst-Case Scenario

Sometimes, in an attempt to avoid thinking about the worst, we miss the opportunity to do the best for our loved ones. A comprehensive estate plan can help you confront your fears in a way that will ease your family’s responsibilities, should the unexpected happen.

How to Leave an Inheritance for Your Special Needs Child

Keeping your special needs child secure after you are gone takes special planning. The right techniques can ensure both your child’s well-being and your peace of mind.

Insurance: The Missing Link in Your Estate Plan?

Insurance has a number of uses as an estate planning tool. It helps protect and preserve your estate, giving you more to pass on to your loved ones. It also has special characteristics that allow you to position your estate for sophisticated estate planning. Learn about the basic categories of insurance and how they strengthen your estate plan.

Why Your Trust Shouldn’t be Short and Sweet

The draft of your new Trust makes you wonder if your estate planning attorney gets paid by the word. Is all this verbiage really necessary? In fact, a good plan has many points to cover.

Tax Breaks for the Sandwich Generation

It can be a surprise to find yourself caring for elderly parents at the same time that you’re raising your own children. The emotional demands of these multiple roles are often coupled with financial challenges as well. That’s why it’s important to know when you can claim your aging or ill parent as a dependent for income tax purposes.

Trusts and Income Tax: Who Pays?

As Trusts gain popularity, a question comes up more and more often: who pays the income tax on a Trust? It seems like a simple inquiry, but the answer can be hard to pin down. So, who does pay income tax on a Trust? Here is the answer, in a nutshell.

A Quick Guide for Basis

You might have heard the word basis used in reference to taxes. Learn the definition of basis and how it can make a big difference in your estate plan.

What Does It Mean To Be a Trustee?

If you’ve been chosen to serve as a Trustee, what responsibilities can you expect? Learn about the basic duties that come with this important and sometimes daunting job, and find out where you can go for guidance.

Avoid These Four Asset Protection Pitfalls

The estate planning process presents a number of opportunities for using asset protection strategies to protect yourself and your loved ones. Learn about asset protection, and avoid these four common pitfalls.

Moving? Don’t Forget to Review Your Estate Plan

Although your Will or Trust might be the last thing on your mind as you prepare to move, this is actually an ideal time to review and update your estate plan. Find out why.

Expecting the Unexpected

Life is full of surprises. None of us have a crystal ball, and this means it is unreasonable to create an estate plan without flexibility regarding your long-term wishes for your loved ones. When you build flexibility into your estate plan with a power of appointment, you can empower your spouse or children to stand in your place and make decisions based on your family’s changed circumstances.

The Accidental Spouse

Could you be married and not even realize it? If you live in a state that recognizes common law marriage, you could be married even without a marriage license or an official ceremony. Find out how common law marriage affects your estate plan and what you can do about it.

I Have an Estate Plan: Do I Still Need My Attorney?

Your estate plan is prepared. Your Living Trust is in place and properly funded, you have a Pour-Over Will just in case, and your incapacity plan is ready and waiting in the event you need it. Is it time to part ways with your attorney? Not at all! In fact, your relationship with your estate planning attorney has just started.

Why a Trust Makes Sense – Even If Your Child Is Not a Child

If your children have reached adulthood, you might assume it’s best to leave them their inheritances outright, with no restrictions. However, you want to make sure your children enjoy flexibility in accessing and using their inheritances while minimizing the impact of taxes, divorce, lawsuits, and other threats. Therefore, it might be better to leave their inheritances in a Trust.

Planning Your Estate With Privacy in Mind

When you use a Will to plan your estate, much of your personal information becomes public after your death. A Trust can help you accomplish your estate planning goals while shielding your personal affairs from prying eyes.

Your Family Deserves More Than an Estate Plan

If you want to leave a true legacy, a traditional estate plan is not enough. With Legacy Planning, you can pass on your values, wisdom, and family heritage along with your nest egg. You can also provide your children’s inheritances with just the right amount of protection from the threats and challenges of life.

Helping Your Parents Age Gracefully

Your mom and dad have always been there to guide you through life’s challenges. Now, the tables are turning. Learn some strategies for gently helping your parents plan for the challenges they’re likely to face as they age.

What to Expect When You’re Inheriting

Most of us have daydreamed about inheriting money, but the reality of inheriting often doesn’t match our dreams. In the real world, an inheritance can bring with it a number of questions and worries. Here we address four common concerns about inheritances.

Five Estate Planning Myths

Estate planning is on everyone’s “should do” list, but it rarely seems to make it to the top of the “to do” list. Perhaps this is because of all the myths surrounding the estate planning process. Here are five common estate planning myths, along with the truths behind them.

Does a Roth Make Sense for You?

Choosing between a traditional IRA and a Roth IRA can have significant tax and estate planning consequences. Whether a Roth is the right option depends on a number of factors, including an account owner’s current income, anticipated post-retirement income, and estate planning goals.

The Estate Tax Is Not the Only Consideration in Estate Planning

The U.S. Congress continually debates the estate tax, often considering whether or not it should be done away with entirely. Many people think this tax is a cornerstone of estate planning, so if it’s eliminated, they don’t need an estate plan. Nothing is further from the truth. This article explains why.

Getting Value Out of Giving with Charitable Trust

You’ve heard the maxim, “It’s better to give than to receive.” Americans take this aphorism to heart, especially as it relates to contributions to charity. Did you know that our tax laws actually encourage charitable giving? This article will explain gift-giving options from small to large, each with tax-savings implications.

Leaving a Ranching Legacy

Ranch life comes with its own particular challenges and rewards. Therefore, ranch families have even more need for professional advice than other families when it comes to finding the most effective means of passing on their assets, which may be more substantial than they suppose. This article explores various means that can be employed to create an estate plan which minimizes taxes and distributes assets equitably.

There’s No Time Like the Present to Review your Plans

Time passes quickly. Life brings change. While these may seem like platitudes, they reflect the truth of most people’s lives. This article will encourage you to recognize a new life stage as an opportunity to review and fine tune your estate plan.

Make Sure Your Dreams Don’t Turn Into Nightmares

The financial consequences of a divorce can be costly. You can do things right now to protect future generations in your family from suffering financial devastation after a breakup.

Is Your Ex-Spouse Really Out of Your Life?

Divorce is bad enough, but did you know that your children and new spouse can suffer financial devastation if you do not remember to change your estate planning documents after a divorce?

Choose Your Estate Planning Practitioner Wisely

Who should you entrust with planning your estate? Unfortunately, the estate planning industry can be a mixed bag. Along with licensed, qualified attorneys there are unqualified, or even unlicensed, individuals producing cookie-cutter estate plans that may or may not work as intended. Find out why you should choose your estate planning practitioner wisely.

Look After Your Spouse Even After You’re Gone

You and your spouse have worked hard to save for your golden years. But have you planned for a long, secure retirement if one of you outlives the other? Here’s how paying attention to certain key financial areas can set both of you up for a secure, worry-free retirement.

Short and Sweet is Not Always Better

When you compare a do-it-yourself living trust with one that was prepared by a qualified estate planning attorney, one of the first things you’re likely to notice is that the attorney-prepared trust is long. And it might not be so easy to read. There’s a good reason for this. This article discusses the reasons why planning for contingencies with an attorney drafted estate plan is the better choice. When it comes to estate planning, there’s any number of contingencies to prepare for.

Don’t be Fooled: Estate Planning Isn’t Just for the Wealthy

Estate planning is not just for the wealthy. The truth is, estate planning is about achieving some pretty common goals and taking care of basic responsibilities, regardless of how big or small our investment portfolio happens to be.

Practical Strategies for Protecting Your Privacy

We’re all exposed to invasions of our privacy, large and small, during our lifetimes and even after death. These practical strategies make it easier to shield your family’s personal affairs from prying eyes.

Leaving a Lasting Legacy

When you really think about it, your true wealth is much more than just your accumulated assets or material possessions. With the right plan, you can protect and preserve your true wealth and create a legacy for your family that will last for generations to come.

Estate Planning Without a Crystal Ball

When you are planning your estate, it is important to remember that circumstances rarely stay the same over long periods of time. A plan that worked for your family when the kids were little may very well be obsolete by the time they’ve started families of their own. This is why it’s important to ensure that you build flexibility into your plan.

Puppy Love: Planning Your Estate With a Pet Trust

Increasingly, pet owners are not just worried about providing for our pets during our lifetimes, we want to ensure that they get all the love and care they need after we’re gone, too. This article discusses the estate planning benefits a Pet Trust can provide for your furry and feathered animal companions.

Help! My Attorney No Longer Practices Law

It’s not something we often stop to think about, but attorneys experience life changes like anyone else. They may change careers or experience an illness or disability, or they may retire or even pass away. This article discusses the steps you should take if your estate planning lawyer no longer practices law.

Planning Your Estate? Don’t Forget Insurance

The term “estate planning” usually calls to mind the process of creating a Will, establishing a Living Trust, or naming a guardian for young children. One piece of the estate planning puzzle that might not be readily apparent, though, is insurance. Learn how insurance in its many forms plays an important role in the estate planning process.

Parenting Your Grandchildren? You Need a Solid Estate Plan

According to data collected in the 2010 census, 4.9 million children under age eighteen live in grandparent-headed households. If you are in this growing number of grandparents returning to your “parent” role again, one of the pressing responsibilities that accompany your job as caregiver is to make sure you have a plan for your grandchildren in the event that something happens to you. And because you’re older now than you were the first time around, planning becomes even more important. This article reviews why it is imperative to have an estate plan in place and what a basic plan should include.

What to Expect When You’re Inheriting

At some point in our lives, we all dream of receiving an inheritance. We envision buying a new car, finally being able to afford private schools for the kids, or maybe even taking a trip around the world. But the reality of inheriting money or property often differs from our dreams. The process of settling an estate and distributing a deceased person’s assets can be time consuming. During this process you may have questions about taxes on various types of assets you may be inheriting, such as IRAs, valuable collectibles, and other property. This article provides a summary on what you can expect during this process if you’re anticipating an inheritance.

Helping Your Parents Through Their Twilight Years

As a child, your parents were there to guide and support you as you faced life’s challenges and obstacles in your path growing up. Similarly, as your parents age, and become less independent, they will rely on you as they face new challenges in their twilight years. This article examines how planning well in advance is important to ensure that no matter what lies ahead, their care and financial affairs will be looked after. Regardless of their financial means, if they are wealthy or of more modest means, there is a plan that can meet the specific needs of your family.

One Big Happy Family: How to Avoid an Estate Dispute

Picture this… You’re at the end of your long, fulfilling life and you’re ready to say goodbye to your loved ones and leave this world in peace. And then… your family declares war on each other. This scenario plays out all too often even in the closest of families. This article examines helpful ways to plan and avoid divisive family disputes after you are gone.

10 Essential Estate Planning Facts

An alarming 55% of American’s don’t have an estate plan in place. Procrastination is a common excuse. However, for many people it’s a lack of knowledge about estate planning, including the benefits, their options and the protections it offers them and their families. This article reviews 10 essential estate planning facts that will arm with you with enough knowledge to cross estate planning off your “to do” list.

Why are Roth’s Such a Big Deal?

A Roth IRA has some important distinctions from a traditional IRA, and, depending on your tax bracket, your retirement needs, and your estate planning goals, a Roth could be a better choice for you. So, what’s the difference between the two types of IRAs? This article explores how each IRA works and which option can best fit your personal needs and goals.

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