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What's the Worst That Can Happen?

We often think that estate planning only deals with our assets at our death. This article debunks that myth and shows how a lack of planning can have negative consequences even during your life and not just on your assets.

What's Probate and Should I Care?

The article examines what probate is and why it is best avoided, and how. The article also examines the holistic concept of "legacy planning."

Planning for Unforeseen Circumstances

The article examines the importance of drafting flexibility into your estate plan to adjust for changes in values, circumstances, and interests.

Do You Know Who Your Beneficiaries Are?

The article looks at several types of items that pass outside a Will or Trust. In particular, it examines retirement beneficiary designations and new rules by Vanguard Group which might have disastrous results for the unaware.

Protect Your Children Now and in the Future

The article examines how you can use a Family Access Trust or a Family Sentry Trust to protect the inheritance you will leave to your children.

Putting Your Legal Life Back Together After Divorce

Divorce is common today. This article examines how to put your legal affairs back in order after a divorce.

Three Myths Women Have About Estate Planning

This article looks at several myths women have about estate planning. It includes some statistics that show why estate planning has more impact on women.

Decisions, Decisions, Decisions...

This article looks at the factors people consider when making estate planning decisions.

Strategies for Business Succession Planning

The article looks at methods for business succession, including using life insurance to provide liquidity and family limited partnerships for discounting.

To My Dog, Lucky, I Leave $10,000

The article examines the use of "pet trusts" and a few examples of how pets were provided for in the past.

What are the Odds

This article examines the need to plan for the unexpected. It gives statistics for the odds of disability and of death from various likely and unlikely causes. It shows the importance to plan for the one certainty in life, i.e., death.

Gifting to Children

This article examines gifting strategies for transfers in trust to minors. Specifically, it looks at Crummey trusts and 2503(c) trusts and the advantages and disadvantages of each.

Protecting Your Children from Their Nightmares... and Yours

The article examines statistics regarding divorce in America and how to protect your children from divorce. It examines setting up a divorce protection trust for them as well as using a marital trust for second marriages for your own assets.

Help for Our Armed Forces

he article examines the taxation of combat pay. Specifically, combat pay is tax-free. Also, it looks at new legislation that allows combat pay, otherwise not in income, to be considered as income for IRA eligibility.

Waiting to Roth: Hidden Loophole for High-income Earners

The article explains a few different types of retirement plans and then looks at a loophole for high-income earners to make contributions to a non-deductible IRA now and then convert it to a Roth IRA in 2010, when income limits for such conversion are lifted.

Learn from Anna Nicole's Mistakes

The article examines Anna Nicole's Will and that she did not update it upon major changes in her life: death of a son, birth of a daughter, commitment ceremony to Howard K. Stern. It suggests that the reader learn from these mistakes and be sure to update their plan periodically.

Your 401k or IRA: A Problem Asset?

The article looks at IRAs and 401ks and how we need to save for retirement. Then it looks at the tax problems these plans create. It examines the stretch out available with the FRPT. It also examines using distributions to fund life insurance.

Charitable Bequests: You Better Review Them

This article examines the importance of periodic trust review and uses an example of charitable bequests and cy pres.

Remarriage: Treat New Spouse Like Royalty

Examines use of income trust in remarriage situations. Analogizes to royal trust in Duchy of Cornwall.

The Problems of Giving Everything Away

This article examines a case of a woman who titles everything in the name of the children. It examines why joint title and giving everything away may not be the best course of action.

How to Handle a Windfall

This article examines the financial and estate planning steps for clients to take when they come into a financial windfall.

Why is My Trust so Long?

Examines why a trust document must be long in order to be clear. Gives examples of issues requiring clarification.

Relax: Everything's Handled

Tells the story of a couple that is going on a second honeymoon and is worry-free because they did their estate planning.

What to Do after a Loved One Dies

Clients often have uncertainty regarding the process after death. The article looks at the typical roles, such as trustee and executor, and explains their duties. The article directs the reader to contact an estate planning / administration attorney. The article mentions a couple post-mortem steps such as gathering assets and cautions against retitling assets or making distributions until talking with the attorney.

Preserving Harmony with Blended Families

Second marriages and blended families raise unique concerns. The article examines marital trusts and unitrusts as a way to take care of both spouse and children and preserve family harmony.

Win a FREE Estate Plan!

Trust mills mislead seniors and bilk them out of their retirement. The article compares practices of trust mills and those of legitimate, quality estate planning attorneys, and how to tell the difference.

Complete Asset List is Essential

A complete list of assets is necessary for financial planning and estate planning. Such a list also helps in the event of a loss.

Your Grandkids Could Retire as Millionaires

You can set up an irrevocable trust for grandkids and with relatively small contributions make them millionaires by retirement.

Domestic Partnerships: First, Know the Facts

Domestic partnerships vary dramatically. Examines differences and federal tax issues.

Want Privacy? Use a Trust

Wills without trusts are open to public scrutiny. The article examines why the client may not want this public scrutiny. Further, the article looks at 8 provisions in famous people's wills which all are a matter of public record.

Asset Protection Planning in Litigious Times

In our ever increasingly litigious society it is essential to protect yourself from potential creditors. The article examines asset protection techniques in maintaining insurance to the use of asset protection trust.

SuperBowl Champ's Final Pass Incomplete

This article examines the life and death of Jack Kent Cooke and his $1.3 billion estate. It tells the tale of his expensive, drawn out probate and what could have been done to achieve a better result.

Planning Important as Time Draws Near

This article concerns death bed planning. It gives examples including annual exclusion gifting, income tax basis issues, and general review of estate plan.

Common Mistakes in Estate Planning

People make many mistakes in estate planning. Several examples of mistakes are given, including procrastination, failure to update, improper fiduciary choices, leaving assets outright, etc.

Medicaid Planning: There's a Right Way and a Wrong Way

You can plan for Medicaid the wrong way (through fraud) or the right way. GWA gives true fraud story and a brief Medicaid qualification overview.

Leaving a Legacy

If you want to leave a legacy, consider a dynasty trust to gain tax advantages and creditor protection.

Do I Need to Plan If I Have Joint Tenancy Property?

We all have the friends or family that think they are the armchair experts on everything. They want to walk on your back when you are in agony. They told you Enron was a hot stock to buy. And, they tell you that all you need is to hold assets in joint tenancy.

Planning for the Unthinkable

None of us wants to contemplate that we might become ill or incapacitated. But illness or disability can strike us without warning. Illnesses, injury, and tragedies occur to countless Americans each day. Some are caused by completely unexpected events, like the collapse of a bridge or a house fire. Others are caused by the ravages of time which remind us of our own mortality. While these events may be unavoidable, the impact can be lessened somewhat if we take steps now to plan ahead.

My Child is 18, Now What?

It seems like just yesterday your son or daughter was a toddler and you were beaming with pride as they took their first wobbly steps. You have been there for them as they had their first day of school. You were there when they skinned their knee sliding into first base in little league. You helped them learn how to ride a bicycle and watched as they teetered down the driveway, hoping they would not fall (or crash into your car that you had forgotten to move to the safety of the garage). You were there as they grew faster than you ever thought possible. Soon they were driving, as evidenced by a few extra gray hairs on your head. Now, they are reaching adulthood, their 18th birthday.

Save Taxes and Money, Too

Americans are always looking for new ways to save taxes. Beginning in 2004, there is another way to save taxes when you save money-Health Savings Accounts ("HSAs"). With an HSA, you can save for medical emergencies on a tax-free basis.

The Best Laid Plans

Robert Burns, the famous 18th century Scottish poet, wrote "the best laid plans of mice and men often go awry." This statement holds true in most areas of life, including estate planning.

Health Care Directives Make a Difference

We have all been sick before. Whether it is from the flu or from a more chronic ailment, we have all experienced, to some degree, the feeling of vulnerability illness brings. While we cannot always avoid illness, we can mitigate the vulnerability by expressing wishes ahead of time.

Five Reasons To Plan Your Estate Now

We can all come up with reasons to procrastinate and avoid doing what we should. However, there are many reasons to avoid procrastination when it comes to estate planning. Here are five of them:

Family Torn Apart by Simple Oversight

On December 3, 1963, Mary and Robert Schindler gave birth to a wonderful baby girl, Theresa Marie. Terri grew up in Pennsylvania and had a typical childhood playing with her brother and sister and the family pets. As a teenager, she loved music and did artistic sketches. In November 1984, just shy of her twenty-first birthday, Terri married Michael Schiavo. Terri seemed to have everything going for her. At age twenty-nine, Terri was living in Florida with her husband and had a job she liked.

Irrevocable Trusts Need Not Be Scary

Irrevocable trusts are used frequently in estate planning for a wide variety of purposes. Irrevocable trusts can be used to make a completed gift of assets, while restricting access to the assets or retaining indirect control. Irrevocable trusts can be used in order to help protect assets from creditors of the trust beneficiaries. Such trusts even can be used as part of planning to qualify for Medicaid benefits.

Same Sex Planning More Important Than Ever

Recently there have been expansions of rights of gay couples. However, these expansions underscore the patchwork nature of greater gay rights and the continued necessity of careful planning for same sex couples.

To Roth, or Not to Roth: That is the Question for Estate Planning

A few years ago Congress enacted a new type of retirement savings plan, a "Roth" IRA, named after the Senator sponsoring the legislation. With a traditional IRA or 401k plan, contributions are tax deductible, earnings are tax deferred, and withdrawals are fully taxable. With a Roth IRA, contributions are not tax deductible, but earnings and withdrawals are not taxable. From an estate planning perspective, this creates a huge advantage for a Roth IRA.

New Privacy Regulations: How to Protect Yourself

The federal government often passes legislation that is designed to protect us. However, all too often, that legislation can have unintended consequences. Recent federal laws and regulations have created new privacy protections for medical information. The Health Insurance Portability and Accountability Act and regulations to implement it, known as "HIPAA," recently came into effect. Now all "covered entities" must comply with strict rules or face fines and potential criminal penalties. "Covered entities" include your physicians and hospitals. Penalties for mistakes run from a $100 fine for an innocent error up to a $250,000 fine and 10 years in prison for malicious misconduct.

Five Common Estate Planning Mistakes and How to Avoid Them

Estate planning is a complex weave of legal and personal objectives. Issues of taxation, family law, and business entities combine with the most personal of family concerns. Attorneys that focus on estate planning face this challenge and have experience in meeting their clients needs in planning to achieve personal and financial objectives. Here are some common mistakes made by attorneys that do not focus their practices in estate planning.

Katharine Hepburn's Private Life and Public Death

Katharine Hepburn was a legend of stage and screen whose career spanned several decades. Hepburn's best-known films included (1933), The Philadelphia Story (1940), (1951), (1967), and (1981). She and her films were a reflection of American society, from early innocence to the stresses of the civil rights movement to issues on aging. Katharine Hepburn, a private and independent woman, forged a path for gender equality and in so doing became a role model for millions of Americans.

Plan Now or Pay Later

Krispy Kreme and Wal-Mart have a lot in common. Die-hard fans line up in front of their locked doors the night before grand openings, licking their lips for a puffed up glazed doughnut or a bargain that can set the neighbors talking over the fences. But what do these two incredibly successful businesses and the families that started them have that sets them apart?

Privacy Protections: Don't Be Overprotected

Recent federal laws and regulations have created new privacy protections for your medical information. These laws are known as "HIPAA" (Health Insurance Portability and Accountability Act). Now physicians, hospitals, health insurers, and other "covered entities" must comply with strict rules or face fines and potential criminal penalties. An innocent mistake would incur a fine of $100. More serious breaches of privacy, such as releasing information for malicious harm, could result in fines of up to $250,000 and 10 years in prison. Understandably, health care providers are being extremely careful about the release of medical information in the face of such penalties.

Do-it-yourself Estate Planning: You Get What You Pay For

Self-help books are an ever-increasing segment of the American publishing market. There are books and software on everything from gardening to health care. There are even books and software out there that purport to allow an individual to draft his or her own estate planning documents. Some of these items are promoted by media personalities and others by purported experts

Joint Tenancy: Simple But Problematic

With joint tenancy, two or more individuals hold title together. At the death of a joint tenant, the property automatically re-vests in the remaining joint tenants. Many people think they can avoid seeing a lawyer to do estate planning by titling all of their assets in joint tenancy, thus avoiding probate. This is a simple solution, but it invites many problems.

Are You Competent to Do Estate Planning?

Americans today are living longer and longer. However, this can be a double-edged sword. An increasing number of Americans are living long enough to suffer from mental incapacity. Over 4 million Americans suffer from Alzheimers Disease alone. In fact, according to the National Institute on Aging, half of those over age 85 have Alzheimers Disease. Of course, Alzheimers is only one cause for mental incapacity.

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