Categories
- Arts & Entertainment
- Business
- Communications
- Computers
- Culture & Society
- Disease & Illness
- Fashion
- Finance
- Food & Beverage
- Health & Fitness
- Hobbies
- Home & Family
- Home Based Business
- Internet Business
- Legal
- Pets & Animals
- Politics
- Product Reviews
- Recreation & Sports
- Reference & Education
- Religion
- Self Improvement
- Shopping
- Travel & Leisure
- Vehicles
- Writing & Speaking
Information
Estate Planning – Protecting Your Will's Integrity
In the not overly distant past, the writings of the testator were the only evidence of his or her intentions and mental capacity. Undue influence was harder to defend against when the only evidence was the testator’s writings and the recollection of those around them. Imagine the scene, the packed court room (perhaps I have a flair for the dramatic), the testimony as to the deceased’s mental health and the influence exercised over them by their final caretakers and close family members made the testator’s mental health and the influence of others over them a matter of the testimony of the living and those often involved in contesting or defending the will.Read more…Estate Planning - The Life Estate
The life estate is something every first year law student learns about when they study the arcane and often bizarre history of property law that harkens back to the days of English knights, lords and serfs, and the transfer of property through the ceremonial throwing of dirt clods with oaths of duty to accompany. The life estate is about as old as they come as instruments of wealth transfer go and students love it, because it is relatively easy to understand. Apart from what students love and what is easy to remember, however, the life estate still has practical value today in your estate planning and assets management schemes.Read more…Estate Planning - Real Property Disbursement Problems
Many parents want to give an equal share of the family home or some other sentimental form of real property (actual land usually) to their surviving children in equal shares. As an estate-planning attorney, one often sees the strange problems created by such plans. In particular if there are an even number of children, this may create hardships as voting blocks of family members eventually have to resolve votes that are evenly split in court or at least face the hardship of that choice among their siblings.Read more…Offshore Trust - Effective Estate Planning, You Decide
The creation of offshore trusts and other financial plans is a way of shielding your assets from the laws of the nation in which you reside. It can sometimes be used to remove one of the two certainties of life; taxes. Americans are far less likely than the citizens of other countries to put assets abroad because, although when you receive the benefits of being free of your country’s laws regarding assets (namely taxation) you also lose the aspect of those laws that are designed to protect your assets.Read more…Living Wills and Healthcare Power of Attorneys Help to Make Sure Your Wishes are Met
No one can foresee problems that may arise should he become incapacitated. Yet, you can avoid negative consequences of unforeseen problems by creating Living Wills and Healthcare Power of Attorneys (HCPOA).Setting up a Living Will or HCPOA is a relatively simple task.Read more…Is Your Special Needs Child Included in Your Estate Plan?
You have undoubtedly made provisions for how your beneficiaries or guardians will handle your finances in the event of your death or disability. You’ve appointed a guardian for your young children and you’ve outlined instructions for how to handle your child’s education, finances and other expenses. Sure, you have a plan in place to provide for your child – but have you thought about special provisions for your Special Needs Child?Read more…Using Life Insurance Wisely
Every family should have a life insurance policy on at least one of the financial providers. A policy should always be in place in case one of the primary breadwinners passes away so that the family will be able to support itself if no other source of income is available after the breadwinner dies.Estate or “Death” taxes can be as high as 55% when the insurance policyholder dies.Read more…Asset Protection - Who Needs to Protect Their Assets?
America has often been referred to as a litigious society, meaning that we are prone to engaging in lawsuits for even the most frivolous of offenses. Ordinary people have been sued for anything and everything including: having wireless internet in their homes, not raking their front walkways, coughing in public, and giving bad reviews of former employees. Thus, no matter who you are, it is important to stay vigilant about protecting your assets.Read more…Will the Estate Tax Ever Go Away?
The “Estate Tax” is the tax that the government puts on the assets that are transferred to your beneficiaries when you die. Taxable assets can include real estate, stocks, money in a bank account, and other valuable belongings. It does not look like the estate tax will permanently go away.Read more…Private Trust Companies
A Private Trust Company is, essentially, a company formed for the specific purpose of acting as trustee of a single trust, or a group of related trusts. It is not uncommon for settlors to wish to retain a degree of control over assets they settle into trust and this is sometimes achieved by reserving specific powers under the terms of the trust. Such a course has risks, however, and in some cases Courts have ruled that the trusts are a sham.Read more…A Guide to Purchasing Real Estate in Mexico for Americans
For Americans buying their dream property in Mexico, it’s important to understand the differences between Mexico’s real estate system and that of the United States. It’s never safe to assume that any law or process is the same between the two systems, and oftentimes they are completely different. There are a few key differences to be aware of between purchasing properties in the U.Read more…Estate Planning - Protecting Your Spouse
The first question many people have when considering estate planning is how to protect their spouse in the event that they pass away. Although it is common to offer the advice that a will or trust is the best way to protect a surviving spouse, it is also important to remember to explain what protection a spouse has prior to a will or trust being created in which they are a named as an heir or beneficiary. This will enable both the client and the lawyer involved to see what else may be done to advance the protection of the surviving spouse.Read more…Putting your Estate in Order
Estate planning for business owners.For business owners, an effective estate plan addresses a number of concerns over and above the desire to care for surviving family members. Control over who will run the business, conservation of the owner's assets in the face of legal expenses and taxes, and the liquidity to pay estate taxes due shortly after death are just some of the most pressing issues.Read more…All I Need Is a Will, Right?
All too often I am asked this question at seminars or in response to my newspaper ads relative to Estate Planning. The Questioners have a genuine concern for their families and a realistic approach to life. Those who fail to ask this question leave their fate in the hands of someone in a black robe in a Probate Court with costs and fees to be paid by their families.Read more…Estate Planning and Your Pets
You have diligently outlined what should become of your children in the event of your death or disability. You’ve planned your estate, appointed guardians and possibly even shared your estate plan with family members and trusted caretakers. But doesn’t something feel as if it’s missing?Read more…Estate Planning – The Most Common Mistakes
Your estate consists of the assets that you will pass on to your beneficiaries when you pass away. Estate planning means deciding where your assets will go when you die. It takes time, thought, and the knowledgeable assistance of a qualified attorney.Read more…Do You Really Need A Will?
Many people wonder if they really need a will. They may think that they don't have enough assets to bother with a will. Some people erroneously believe that a will causes your heirs to have to go through probate, leading to unnecessary expenses.Read more…Intestancy: Passing Without Estate Planning - What Happens?
If a person passes on without estate planning of any kind, whether that planning is some kind of will or trust, they are said to have died intestate. Intestate law is the law that decides how assets are transferred and creditors satisfied if a person passes on without saying who gets the house, the car or the guarded family apple pie receipe. Intestacy law is a set of fall back provisions or rules that govern where the assets go, so that the state does not have to decide in each individual case what happens.Read more…The Living Trust
A living trust has many advantages over a simple will or testamentary trust (trust after death). The first advantage is that it keeps the IRS even further out of the process than does either a will or trust that becomes effective after death. The second is that, unlike a testamentary trust, a living trust is not continually supervised by the court.Read more…Selecting an Advantageous Trusts and Estate Lawyer
Trust and Estates is a rapidly growing area of practice in the law that includes estate planning, managing your estate during life and disposing of your estate at your death through the use of trusts, wills and other planning documents.Learn About Distinctive Legal Practice Areas.You can easily become familiar with the different practice areas to determine the type of lawyer who will work best on your legal matter.Read more…
Most Recent Articles in Estate Plan Trusts category
- Choosing Guardians for Children - By: Jamie Kahn
The most important decision you'll make in your estate plan is appointing guardians for your minor children. Who you pick will impact not only your children but also the lives of your guardians. While you and your children may feel an affinity for a particular adult(s), that relationship could be strained in a 24-hour-a-day, 7-day-a-week environment. - How To Protect Your Retirement Savings For Your Golden Years - By: Gregg Hall
Retirement is a glorious time every working individual looks forward to. It is a time of freedom, rest, and relaxation. It is also a time to do what you did not have time or resources to do when you were working. - Some Simple Strategies For Protecting Your Assets - By: Gregg Hall
As elementary as it may sound, no matter how much money you make, you still need to find ways to hold onto it. There are many small steps to take that will add up to big savings in the end. If you value the assets you have accumulated, or if you feel you should be accumulating more, take this advice and make some minor changes. - Reverse Mortgage Supplemental Retirement Financing Strategy - By: Jon Hansen
A reverse mortgage is a loan for senior citizens. It is often used to cover medical expenses, and is becoming a common way for retired persons to supplement their existing monthly retirement income.This is a loan that senior home owners may take against their current home. - Understanding The Benefits Of Forming Trusts - By: Alexander Gordon
What is a Trust And Who Are The Settlor, Trustee And Beneficiaries?A trust is an institute of a special type of structure capable of holding title of the property-providing benefits to one or more people. It is a lawful relationship between the two people, the settlor and the trustee. - Trust Deeds – Breath A Debt Free Life at Easy Terms - By: Linda R Davis
Trust deeds are considered as a convenient settlement of debts a debtor is no more able to pay off. The trust deeds are a method used in Scotland for easy clearance of debts. Usually elsewhere for lessening and time bound pay off of debts, debt management program is sought by the debt ridden person. - Ira Trusts: What's All The Hype About - By: Perry Fields
A recent new development in estate planning is helping thousands of affluent people across the country with IRAs over 100,000 transcend estate tax and income tax. It keeps your beneficiaries from blowing all of the money you’ve worked so hard for.Its gives YOU the control over the conditions which must exist before your beneficiary can access the funds (other than the mandatory IRA distributions). - Enduring Power of Attorney Being Phased Out - By: Adrian Tatum
In the UK the new mental capacity act is due to come into force on the first Monday in April 2007.The Act governs decision-making on behalf of adults who lack mental capacity, both where they lose capacity at some point in their lives, and where the incapacitating condition has been present since birth.This act covers all decisions, including personal welfare and financial matters, and covers decision-making on their behalf by attorneys, or court-appointed "deputies". - Probate and Estate Sales - By: Mika Hamilton
“It's all about quality of life and finding a happy balance between work and friends and family.”-Philip GreenProbate and estate sales usually occur when someone wealthy dies. Estate sales have to be conducted because the decedent did not leave a will and everything is in his name. - Anguilla as a Offshore Jurisdiction - By: Gissela Martinez
Anguilla is another jurisdiction with misleading bank secrecy. Commercial confidentiality is contained in the statues, BUT the government of Anguilla will co-operate fully with law enforcement agencies and regulators in other jurisdictions, think wholesale fishing expeditions and inquiries related to “possible” income tax violations. In other words records may be requested just to see if in fact there were any taxation violations that citizens of a certain country may have committed using Anguilla as a jurisdiction.