- What Is a Family LLC?
Limited liability companies can protect your personal assets if you own a business but they can also be used in estate planning. Specifically, you could establish a family LLC to shield assets from creditors while ensuring a smoother transfer of… read more…
- What Is a Devisee?
According to a recent Gallup poll, less than half of U.S. adults currently have a will that describes how they want their estate and money handled after they die. At just 46%, that leaves the majority of citizens unaware of the estate administration process and unprepared. As a result, you may be unfamiliar with technical terms,… read more…
- Understanding the Estate Administration Process
Very few people know how to manage and take care of an estate when someone passes. There seems to be an endless stream of paperwork to complete and it becomes even more complicated when you have to work with both state and federal laws. While the probate and estate administration process can be overwhelming, it’s… read more…
- Can an Illegitimate Child Claim Inheritance?
The term illegitimate child—historically used to describe a child born to unmarried parents—is largely outdated in modern legal contexts. Today, inheritance rights are typically based on legal parentage, not the marital status of the parents. In most states, a child has the right to inherit from both legally recognized parents, regardless of whether the parents… read more…
- What to Consider About Child Inheritance
When deciding how to pass on assets to your heirs, it’s important to consider where minor children fit in. Child inheritance laws generally prohibit children from inheriting land, real property or other assets if they’re under 18. Depending on probate and inheritance laws in your state, it’s even possible to exclude children from inheriting any… read more…
- What Is Asset Protection Planning?
Asset protection planning is the process of building barriers around your assets, whether those assets are personal or business, to keep them safe from litigation, creditor claims, seizure and burdensome taxes. It’s a vital and completely legal component of both… read more…
- How Can Separate Property Become Marital Property?
Marital property, also known as marital assets, spousal assets or community property, matters when it comes to taxes, estate law and divorce. In most cases, separate property applies to the assets you owned going into a marriage; marital property, on… read more…
- What Is a Private Trust Company?
A private trust company or family trust company is an estate planning tool that can be used to preserve wealth. This type of trust entity is most often used by high-net-worth and ultra-high-net-worth individuals. For example, someone who runs a family-owned business and has $150 million in assets may choose to establish a private trust… read more…
- Understanding Conventional Life Estates
A conventional life estate grants possession and limited ownership of an asset to someone for as long as they live. It can be created using a deed, specified in a will or included as part of a trust. Life estates are often used to provide housing for parents, spouses or offspring. On the death of the… read more…
- Who Is a Remainderman in a Life Estate?
Estate planning is complicated and there are many ways you can protect your assets after your death. One way is to establish a life estate for the person you want to live there for their lifetime. A remainderman is a beneficiary in a life estate who will inherit property after the life tenant’s death. There… read more…
- Attorney-in-Fact vs. Power of Attorney
When you need someone to make legally binding decisions on your behalf, you grant them that authority with a power of attorney form. There are many titles for the person who exercises this authority on your behalf. One such title… read more…
- How Charitable Lead Trusts Work
A charitable lead trust is a form of charitable trust that first distributes assets to the named charities. Once the assets have been distributed to the charities as specified in the trust, the named beneficiaries receive the remainder of the… read more…
- Gross Estate: Definition, Calculation and Formula
Estate planning when you have a small or moderately sized estate is complex enough. But it can become even more complicated with a larger estate. With more assets, the more likely you are to face taxes on a state or… read more…
- What Is an Attorney-in-Fact?
An attorney-in-fact is a person authorized by a power of attorney to act in the place of someone else. An attorney-in-fact, also sometimes called an agent, can have specific responsibilities, such as making decisions about medical care. Or the responsibilities may be very broad, authorizing the attorney-in-fact to sign legal documents and make investment and… read more…
- When Can a Trust Be Contested?
Trusts offer some unique advantages for estate planning and they can be a valuable tool for creating a legacy of wealth. But what happens when the beneficiaries of a trust disagree with its terms or the way the trustee manages it? Can a trust be contested? The short answer is that yes, in certain situations,… read more…
- How a Charitable Trust Works
A charitable trust holds assets and distributes them to charities. When you establish the trust you can specify how it will manage and invest its assets, as well as how it will make donations. There are some tax benefits to setting… read more…
- What Is the Prudent Person Rule?
Most of us are at least familiar with the premise behind the Golden Rule. Essentially, it states that we are to treat others how we’d want to be treated. When it comes to the relationship between investors and fiduciaries responsible… read more…
- How Pooled Special Needs Trusts Work
When it comes to setting aside money for someone with special needs, there are a few important considerations to keep in mind. For instance, how do you provide for everyday needs and living expenses while also maintaining eligibility for public… read more…
- Heirs at Law: Estate Planning Definition
When planning your estate, it’s important to consider who will inherit your assets after you’re gone. Specifically, it’s important to understand who are your heirs at law – and what that means if you pass away without drafting a last will and testament or a trust. Generally speaking, an heir at law is anyone who… read more…
- Annuity Trust (CRAT) vs. Unitrust (CRUT)
Charitable trusts can be used to establish a legacy of giving while yielding some potentially valuable estate planning benefits. A charitable remainder annuity trust (CRAT) is one option; a charitable remainder unitrust (CRUT) is another. CRATs and CRUTs can both be used for estate planning and charitable giving purposes, though they aren’t exactly the same.… read more…
- Estate Planning: Can You Sue a Trust?
Trusts can provide certain benefits for estate planning, including asset protection. But can you sue a trust? It’s an important question to ask if you have a trust or plan to create one, are named as the beneficiary to a… read more…
- How an A-B Trust Works
An A-B trust, also known as a bypass trust, is a legal arrangement that allows married couples to avoid estate tax on certain assets when one spouse passes away. When one spouse dies, the estate’s assets are split into two separate trusts, A trust and B trust. As the size of the estate tax exemption… read more…
- Warranty Deed vs. Deed of Trust
When purchasing a home, there are a number of very important legal documents involved. Two such documents that you may encounter are a warranty deed and a deed of trust. A financial advisor could help you navigate through important financial decisions… read more…
- Joint Tenants vs. Tenants in Common
When it comes to sharing ownership of a property with others, two frequently used options are joint tenancy and tenancy in common. While there are many similarities between the two, it’s important to understand the differences and how they can affect your rights, as well as the rights of your beneficiaries. A financial advisor could help you… read more…
- What’s a Certified Probate Real Estate Specialist?
Unless your loved one puts their estate into a living trust or similar legal arrangement, the fact of the matter is that their assets will likely need to pass through probate when they die. Probate is a complicated, and usually lengthy, court process where assets are sold or distributed and any outstanding debts against the… read more…