Can a Beneficiary Also Be a Trustee of a Trust?
Choosing your Trustee is an important decision. Here are some things to consider before automatically naming one of your children as your Trustee.
To Have, but Not to Hold? Common Law Marriage and Estate Planning
Marriage as a legal institution has taken a variety of forms throughout history. As society evolves, how we identify marriage in our society also changes. In some states, a couple may be deemed married without having participated in judicial or religious ceremonies. These marriages are called com...
Can a Disabled Individual Be an Executor or a Trustee?
An important element of creating an estate plan is choosing a responsible party to handle your legal, medical, and financial affairs if you become unable to manage them yourself (i.e., become incapacitated) or die. The individual or entity you choose must be someone whom you can trust to make cru...
Living, Testamentary, and Constructive Trusts: Are They All the Same?
How do living trusts differ from testamentary trusts and constructive trusts?
Do I Have to Leave Anything to My Children?
One common storyline in Hollywood movies is the rich father disinheriting the family outcast. The story usually traces the child's attempts to win the father over and be considered a part of the family again. But can fiction imitate reality? Can you actually disinherit a child? The answer, in mos...
It’s All in the Family: Understanding Common Legal Terms That Describe Loved Ones in Estate Planning
While watching a movie or reading a book about wealthy individuals and their families, you may have come across terms such as “heir,” “descendant,” and “next of kin.” Though made-for-Hollywood storylines use these terms interchangeably, words describing familial relationships have distinct defini...
Caution: Creditors Are a Threat to Inherited Retirement Accounts
Do you have an individual retirement account or other type of retirement account that you plan to leave to your loved ones? If so, proceed with caution. Inherited retirement accounts do not have asset protection when they pass to your loved ones, meaning creditors can seize the money in the accou...
How to Talk to Mom & Dad About Creating an Estate Plan
Conversations about death and dying are rarely fun. Most people avoid them because they invoke feelings about our inevitable demise. Broaching this subject can be particularly difficult for parents and their adult children. Adult children may avoid bringing up the topic because they do not ...
Third-Party Supplemental Needs Trusts
If you want to provide for a loved one who is disabled or has special needs when you are no longer here, care must be taken to ensure that the inheritance you leave will help rather than harm your loved one. An inheritance received outright could negatively impact your loved one if he or she is c...
Severing Joint Ownership of Property
One of the most common forms of property ownership in the United States is joint tenancy with rights of survivorship (JTWROS or joint tenancy). But what is joint tenancy? Joint tenancy is a legal right to property that provides the owner an undivided right to the enjoyment of the property. In oth...
My Loved One Has Died: As an Heir or Beneficiary, Do I Need an Attorney?
You just found out that your favorite aunt, Aunt Melba, has died. In the midst of your grief and sadness, you receive a notice from the attorney handling Aunt Melba's affairs stating that you are a beneficiary. Your best friend advises you to get an attorney. What should you do? Will Aunt Melba's...
Handling the Legal Affairs of an Estranged Noncitizen Spouse at Death
As the world becomes more of a global community, it is no longer uncommon for married couples to maintain different citizenships. While a difference in citizenship alone can present complexities from an everyday tax perspective, another set of challenges arises when a noncitizen spouse separates ...
Should You Own Your Timeshare in Your Trust?
Timeshares have come a long way since they first arrived in the real estate market back in the '70s. In the early days of timeshare ownership, high-pressure sales tactics, exceedingly vague contracts, and inflexible scheduling policies caused many people to quickly regret such purchases. Over tim...
Can Dual Citizenship Ruin Your Estate Plan?
In early 2020, married actors Tom Hanks and Rita Wilson became honorary citizens of Greece. The president of Greece bestowed this honor upon them due in large part to their humanitarian work in the country after a deadly wildfire swept through Athens in 2018. Hanks and Wilson spend considerable ...
The Recipe for a Satisfying Estate Plan
Misconceptions about who needs an estate plan abound. Most people believe that estate planning is only for extremely wealthy business moguls or celebrities. But that could not be further from the truth. Estate planning is the process of making decisions about what happens to you, your money, and ...
A Tale of Two Celebrities: Chadwick Boseman and Eddie Van Halen
The death of an iconic figure can sometimes impact us deeply because it reminds us of our shared humanity. With a celebrity's passing, we realize that death is an equalizer. It also reminds us of the importance of estate planning to protect a person's money and property. Estate planning is not re...
You Inherited a Retirement Account: Now What?
For decades, common financial planning wisdom has encouraged almost all American workers to maximize their contributions to qualified retirement accounts. Indeed, doing so can be a powerful way to reduce your current income tax liability, grow your savings exponentially tax-free, and, in most sta...
Wills, Trusts, and Dying Intestate: How They Differ
Most people understand that having some sort of estate plan is a good thing. However, many of us do not take the first steps to get that estate plan in place because we do not understand the nuances between a will and trust –and dying without either. Here is what will generally happen if yo...