Estate Planning Archives - Page 7 of 9 - Michael Bailey Law, LLC

Are Trusts Taxed? [Answered]

I get asked the question above on an almost weekly basis. The short answer is that if you put your assets into a trust, you still get taxed. A trust is not a magical way to avoid all taxes on assets, despite persistent myths to the contrary. A trust can help to minimize taxes, but not eliminate taxes completely. The IRS publishes a list of … [Read more...]

[ANSWERED] How Often Should You Update Your Will?

Almost every person I meet asks me how often they should review, update, or revisit their will. I am happy to answer this question, explaining as follows: “You should update your will every few years, or whenever you have a major life change.” Please read the following sentences in as sarcastic of a voice as you can: I know this is quite … [Read more...]

What Will You Be? Picking the Right Halloween Costume For Your Estate

It is October, and Halloween is coming up. A couple of years ago my four year old asked what a friend of ours would be for Halloween by asking, “What will Erazz be for Halloween? A witch!” He mispronounced our friend Mirazz’s name, and made us laugh, but picking a costume is always a fun part of Halloween. Picking an estate plan may not be as … [Read more...]

Why I Love Being An Estate Planning Attorney

When college students I meet find out I am an attorney, many seem to want to connect with me and tell me they want to be an attorney also. I would ask them why do you want to go to law school. Many times the answer is “to make a lot of money.” I often laugh at this concept, most of the time even to myself, and not out loud! Instead of laughing … [Read more...]

How to Involve Family In Your Estate Plan – Get on the Bus

When I was a little kid, I used to sing the song, “The Wheels on the Bus.” I would sing about the wheels on the bus going round and round, the wipers on the bus going swish, swish, swish, the driver on the bus, and the people on the bus. When I became a parent, I sang the same song to my children, and we made up many more verses of the song. … [Read more...]

Making Beneficiary Designations Work for You

You spend hours setting up the perfect estate plan, and you are set up exactly the way you want. Everything seems perfect, and then it comes time to implement the plan. But wait, what is this? Your assets are transferring outside of the perfect plan? How can that be? What is going on? What happened? Is everything now ruined because of something … [Read more...]

Estate Planning 101: The Four Methods of Transfer & Who Gets What

I am amazed at how often people want a will written to make sure their assets go where they want when they die, but have never considered what other methods of transferring assets exist. And...what different types of asset transfer options are available to use. These people want me to write a will to make sure assets go where the individual … [Read more...]

How to Determine Mental Capacity for a Will or Estate Plan

Your mind matters! I often have people I meet who feel the need to apologize to me for not having created an estate plan before they met with me. Many times this comes from an older couple who realized that they should have planned sooner. I think I addressed that attitude in my last blog about putting things off until tomorrow, but I often … [Read more...]

I’ll Get To It Tomorrow

As a child, I watched the movie “Annie” where the little orphan Annie sings the lines: “Tomorrow, tomorrow. I love ya, tomorrow. You’re always a day away.” Annie is singing about how the sun will come out tomorrow, and that she will have brighter prospects for her life in the orphanage because of the sunny day that will come. However, she … [Read more...]

So, You Didn’t Have a Will? Now What?

Let me start this blog by being very upfront: I do not handle probate cases, and I don’t represent anyone in probate. However, I must know about the probate rules, and what happens in the probate process since I work to either minimize what goes through probate, or to make the probate process easier on those who stand to inherit property after … [Read more...]