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 […]
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 […]
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 […]
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 […]
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 […]
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.
