Estate Planning Archives

The Unfunded Trust--All Dressed Up But the Only Place You're Going is to Probate!

There's an old expression: "All dressed up but nowhere to go!" This phrase has been interpreted to mean being completely prepared for an event that fails to materialize. This is sometimes true with persons who do a Revocable or Living Trust but fail to fund it. They are prepared to avoid probate but this objective--avoiding probate--fails to materialize because assets are not in the Trust at tht time of death.

When an original Will is lost or destroyed...don't panic!

Your father has passed away and after the funeral, you try to locate his Last Will and Testament. You find a photocopy but not the original. You do a quick search on Google and find that in Florida, you need to establish the original Will in order to file a testate probate. Should you panic? In many instances, the answer is "no." In Florida, we have a process where you can "prove up" a lost or destroyed Will.

Establishing a "See-Through Trust" for Your IRA

A traditional IRA is what is considered a "qualified" account. In essence, this means that the account gets special tax treatment---in particular, allowing you to defer taxation until a later date. With these types of accounts, you do not have to withdraw the money all at once. Many advisors refer to this as allowing you to "stretch" the distributions over time. Ultimately, this allows you to reduce income taxes which you must pay.

Protecting Your Special Needs Loved One

Many families struggle daily with the demands of caring for a family member with debilitating health or developmental challenges. Whether it is autism, cerebral palsy, birth defects, or some other debilitating condition, the challenges can be immense. Perhaps one of the more challenging aspects which these families face is making sure that resources are available to provide medical and other necessary benefits over the course of the family member's lifetime. Often these families must turn to governmental programs such as SSI (Supplemental Security Income) and Medicaid to meet the overwhelming demands.

The Dangers of "Do-It-Yourself" Estate Planning

With all of the resources available today online and elsewhere, many people are tempted to try to do their own estate planning. They may find online forms or software at the local office supply store. Alternatively, they might use one of these online services. But is this a smart and safe way to protect your family and yourself? The answer should be a resounding "no." 

The Dangers of "Do-It-Yourself" Estate Planning

With all of the resources available today online and elsewhere, many people are tempted to try to do their own estate planning. They may find online forms or software at the local office supply store. Alternatively, they might use one of these online services. But is this a smart and safe way to protect your family and yourself? The answer should be s resounding "no." 

Protecting Special Loved Ones With a Special Needs Trust

Many families struggle daily with the demands of caring for a family member with health or developmental challenges. Whether it is autism, Parkinson's, cerebral palsy, birth defects or some other debilitating condition, the challenges can be immense. Perhaps one of the more challenging aspects which these families face is making sure that resources are available to provide medical and other necessary benefits over the course of the family member's lifetime.

What is a Pour-Over Will?

When person establishing a Trust (soemtimes called a "Settlor") does not take the steps necessary to fund the Trust, in most instances a probate will be necessary in order to allow the transfer or liquidation of those assets. This would apply to most assets which are titled only in the Settlor's name and which do not have a beneficiary or a POD designation.

Leaving Out the Best Part: No Residuary Clause in a Will or Trust

The provision in the Will or Trust which designates what happens to the "rest, residue and remainder" of an estate after specific devises are made is sometimes referred to as the "residuary provision" or "residuary clause."Every Will and Trust should include a residuary clause. This is the provision that acts as the "catch all" for all remaining assets or property not specifically distributed. In many estates, the residuary clause is where the bulk of the assets are devised.

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