Blog Posts in 2013

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When a Will Won't Work

If you have been drafting a will, it is important to note that this official document cannot accomplish every single thing that you may desire to do regarding your estate plan. You may want to make ...
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Who Can be the Trustee in Your Living Trust?

If you choose to use a living trust as a part of your estate plan for the future, then you will be required to appoint a trustee. The trustee that you appoint will be required to manage your financial ...
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Retirement Accounts and Estate Plans

Many people leave funds behind them in a retirement account, so who would inherit this money? Sometimes, thankfully most times, the answer will be straightforward, but in other cases, determining who ...
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Important Things to Know About Living Trusts

Revocable living trusts are slowly becoming a very popular estate planning option, especially among the Baby Boomer generation. While wills are the most traditional estate planning document, more and ...
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When a Living Trust Is Not Necessary

While having a living trust carries the wonderful perk of getting out of probate, this will not be a necessity in every estate plan. There are a number of drawbacks and benefits to having this as part ...
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Do You Want to Contest a Will?

If you desire to contest a will, then you are going to want to get the right attorney on your side to help you. Without the right attorney there to assist you, you may end up unable to get your ...
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Divorce and Your Will

Whether you are a couple who is in the midst of contemplating a divorce amidst the craziness of the holidays, or whether a divorce has already occurred in your past, it is vital to understand how a ...
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All About Bequests

A bequest is the act of giving property written into a will. Normally, a bequest is used if personal property. Similar to a bequest is a devise, which is a gift of real property, rather than personal ...
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Special Needs Trusts

When you want to bequeath an inheritance to a loved one with special needs, then you want to be sure that you are doing so in a way that does put their Supplemental Security Income and Medicaid ...
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Should You Refuse an Inheritance?

It may sound absurd to refuse any inheritance, but in reality there are times where it would be discretionary to turn down a sum of money granted to you from a decedent. There are many reasons why a ...
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Who Is Included in the Phrase "My Children"?

As simple as it may have sounded to the will-maker, bequeathing property to their children can be a complicated matter if they did not specify these beneficiaries by name. Did they mean stepchildren ...
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Dealing with Debts After Death

When a decedent passes away, his or her administrators and beneficiaries may be held responsible to cover any debts that need to be paid. Settling the debts of a loved one can prove to be very ...
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What Is a Spendthrift Trust?

This is one type of "property control trust", which means that there are conditions or regulations placed on the trust. A spendthrift trust safeguards the property from a beneficiary who ...
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What Is Undue Influence over Making a Will?

There is no way around it; undue influence is an instance of elder abuse. If someone forces their influence on a sick or older person who is creating a will, this is committing fraud and theft, taking ...
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Understanding Holographic Wills

First of all, are these even wills? A handwritten, or holographic will does not come up in probate court very often, but whether or not it will actually count as a will depends on the state where this ...
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What is a Life Estate?

A life estate is one of the various forms through which a person can hold ownership in a piece of property. If a person holds property using a life estate, then that person has the right to possess, ...
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Do You Have What It Takes to Be an Executor?

It can be an honor to have been so trusted by a loved one that you were named their executor. You might even have been surprised by the news. You may also feel trapped or daunted by the decision, ...
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Staggering Inheritances in Estate Planning

According to Reuters, more and more parents are considering staggering their children's inheritances so that they individuals do not get a massive lump sum of money and spend it all at once. One ...
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What Is a Self-Proving Will?

A will that includes a "self-proving affidavit" can streamline the process of proving a will. This affidavit is a sworn statement made by witnesses who watched the will-maker sign their ...
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Three Tactics to Transfer Your Family Business

Estate planning is crucial for the owners of a family business, as failing to prepare could result in the determent of the company. If you have not already drafted an estate plan that discusses the ...
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When a Court Will Choose the Executor for You, Whether Or Not You Have a Will

What Happens when there Is No Will After you pass away, the executor is the one who protects your assets, pays off debts, files taxes, and divides assets according to your will's instructions. ...
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Why College Students Should Have an Estate Plan

In the eyes of the law, college students over the age of 17 are now adults. This means that they need to have their own estate planning documents. The Wall Street Journal reports that once individuals ...
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Durable Financial Power of Attorney

Not only is it vital to make provisions for when you pass away, but it is important to make plans in the event that should you become incapacitated. Creating a financial power of attorney is a benefit ...
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Estate Planning for Veterans

If you are a veteran, then estate planning involves several different aspects for you. According to Estate Planning, veterans are often eligible for pensions. These include a veteran's pension. ...
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Have You Thought About Your Digital Assets?

When you create your estate plan, doubtless you are thinking of the property that you want to bequeath, and the financial assets that you want to leave behind to loved ones and charity. Some things ...
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