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We have all heard that you should never discuss politics or religion in polite company. Those topics are divisive enough that people avoid them at all costs. This is, unfortunately, also true in most families concerning money or an estate plan. Discussing money is simply taboo and not discussed. As people age, at least having a discussion … [Read more...]
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...]
Estate Planning and Collaboration, A Great Combination
I have a confession. A dark secret that I hide behind a facade of confidence and competence. I know this may come as a surprise to some people who know me well, but I am here to admit, “I don’t know everything.” (I can hear a collective gasp of disbelief from my friends, and a faint scoff from my family…) Because I don’t know everything, I also … [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...]
Write it Down, Get it Right: Why Written Estate Plans Matter
Have you ever heard someone ask, “Can I get that in writing?” Probably you have. The idea is that if someone says something you think is too good to be true, you want them to write it down so you can hold them to what they said. Most people also think if something is written down, it will be legally enforceable. While this may not always be … [Read more...]
Why it’s important to have a plan and not just documents
“A MAN, A PLAN, A CANAL, PANAMA!” This favorite palindrome of mine (a palindrome reads the same if you read forward or backwards) includes a plan. Why it’s important to have a plan and not just documents When have you ever done anything important without a plan? Rarely, or never? Even if your plan was just in your head, you had a plan to … [Read more...]
Why An Online Legal Service Might Not Be All That Helpful
I am often asked why people cannot go online to create their estate planning documents, and a lot of the time it feels like people want me to justify my existence as an estate planning attorney. Generally, people are looking for an inexpensive solution, and they think attorneys are expensive or unnecessary. Although I cannot claim the lowest price … [Read more...]
What’s the difference between a will and a trust?
I am often asked what the difference is between a will and a trust, and I usually feel the expected answer is supposed to be a satisfactory two or three sentence answer. Unfortunately, my explanation is not that simple. When you're waiting for disbursement of goods from a will or trust, nobody wants to be left wanting, or feel left out -- like my … [Read more...]
Do I Need A Trust?
People often ask if they need a trust, or whether or not a will is sufficient. Both wills and trusts are useful for distributing assets upon death. However, there are certain times where outright gifts to heirs or beneficiaries through a will or trust are not necessarily the best idea. So, the question becomes under what circumstances are trusts … [Read more...]
