WHAT IS A PROBATE? You may think that after your loved one passes away, everything they own will simply go to their spouse, children, siblings, or closest family members. Unfortunately, it’s not that simple. With a few exceptions discussed below, when you die, your assets will go through court. This is called probate. (For…
Many answers to questions from attorneys begin with, “It depends,” followed by a long list of rules, which themselves are followed by a longer list of exceptions. This is not one of those answers! Instead, the answer to whether you should add your child to the home deed is almost always, “Never.” There are many…
This is a part in a series of articles I have written on various types of irrevocable trusts. Understanding Bypass Trusts Prior to 2012, many married couples created joint trusts known as “A-B” trusts. The problem now is that these trusts may actually cause more harm than good. In this article, I discuss Bypass Trusts. Who…
This is a part in a series of articles I have written on various types of irrevocable trusts. It’s not the QTIP you’re thinking of! To better understand this concept, it’s advised that you first read my article about estate taxes and then my article on bypass trusts. The QTIP trust is a popularly-used strategy to…
This is a part in a series of articles I have written on various types of irrevocable trusts. Irrevocable Life Insurance Trusts Why set up an irrevocable life insurance trust (ILIT)? An irrevocable life insurance trust (referred to as an ILIT) is a type of irrevocable trust that typically is used to own life insurance policies…
Feeling in-SECURE? In January of this year, a new law came into effect known as the SECURE Act, which is the most impactful legislation affecting retirement accounts in decades. You may have read politicians applaud the bill but be very weary — what Congress cloaked under the guise of “freebies” turns out to be nothing…
What is an Irrevocable Trust? Many people often ask me, “What’s an irrevocable trust?” Or some clients come ready to ask the follow-up question, “If an irrevocable trust means I cannot change it, why would anyone want to create one?” Let’s get one thing straight. No one wants a trust they can’t change. Rather, it’s…
When a Beneficiary Dies “When the RMS Titanic sank into the icy waters of the North Atlantic, one of the lesser-known problems it raised was how to handle the estates of married couples who refused to part as the ship went down. Several women chose to remain with their husbands on board the ship instead…
This is Part 1 in a two-part series about Transfer Taxes. In Part 2, I discuss what is the generation skipping transfer tax. Understanding the Estate and Gift Tax There are two types of federal taxes. The first, and more well-known one, is called income tax. The second type of tax is known as transfer taxes. …
This is Part 1 in a two-part series about LLCs. In Part 2, I cover how to setup an LLC to maximize asset protection. Why do People Create LLCs? If you own a rental property, it is strongly advised that you create an LLC. I’m going to give you 3 reasons why, but before that…
Why are some estate plans more expensive than others? If this is your first time doing an estate plan, one question you are probably asking yourself is, “How much is a trust going to cost?” This is a reasonable question to ask. But it should not be the only question you ask. Instead, you should…
PROP 19: REDUCE PROPERTY TAXES BEFORE FEBRUARY 16TH! Proposition 19 will affect each and every person who owns a property, whether it’s a primary residence, a vacation home, a rental property, or a commercial property. According to the new law, we have a limited window to take action in order to lock in our property taxes under the old…
A New Era of Estate Planning in the Age of Covid-19 The spread of Covid-19 has caused a huge spike in the number of people looking to get their estate planning done immediately. This is not surprising given the number of people who have not done their estate plans yet. But what may be spreading…
‘It isn’t possible to love and part.’ In my last personal note from May 2019, I spoke of the Big Bad Wolf: “Here’s the thing. We don’t know when the Big Bad Wolf will come to our doorstep, but we all know that he will come one day. And when he does, we also know…
A trustee is a party responsible for the management, investment, and distribution of the property or assets within a trust. This will involve the oversight of trust administration, accounting, taxes, serving beneficiaries, and so on – in a manner that is impartial and transparent. It is encouraged to all our clients to select a professional…
A Checklist for Passing on Assets to Beneficiaries Maybe because it isn’t pleasant to consider our own mortality, it is oftentimes too easy to delay the creation and maintenance of our estate plans. Nevertheless, establishing your final wishes and intentions in a clearly stated and understood way through the legal documentation found in an estate…
On May 23, 2019, the U.S. House of Representatives passed important retirement legislation called the Setting Every Community Up for Retirement Enhancement (SECURE) Act. The Senate is likely to pass the bill and the President expected to sign as well. Under HR 1994, there are 3 important issues for estate planners and financial advisors to…
A trust, simply put, is a fiduciary arrangement intended to help you manage your wealth and assets in accordance with your wishes in the event of your death or incapacitation. A trust allows a third party, or trustee, the legal authority to manage, maintain, and distribute assets directed by the contents of the trust or…
“Our young children are our lives and our greatest blessings. They mean everything to us and everything we do is with them in mind. They are our past and future put together, and they reflect all of our hopes and dreams combined. As parents of little ones ourselves, we know full well the deep love…
The primary goal of your estate plan is the overall protection of wealth and assets in the event of your death or incapacitation. It ensures your assets may be distributed, as you see fit, through a will or trust agreement. However, in order to accomplish that goal, it is vital any and every asset is…
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