- Heirs at Law: Estate Planning Definition
When planning your estate, you should know who your heirs at law are and what that means if you die without a will or trust. An heir at law is someone who would inherit your property under state law if you pass away intestate. The rules vary by state, so it’s helpful to understand 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…
- Executor vs. Administrator: Key Differences
When a person passes away, every asset and liability they leave behind is collectively referred to as the “estate.” This estate encompasses everything from bank accounts and investments to real estate, personal belongings and even outstanding debts. Because those items must be gathered, valued and ultimately distributed to heirs or creditors, a responsible party is… read more…
- How Does a Custodial Roth IRA Work?
Teaching your children how to save money can often be a difficult job. One avenue you can take is to open a custodial Roth IRA for them. Minor children cannot usually open a brokerage account on their own, but you… read more…
- Gift Tax, Explained: 2024 and 2025 Exemptions and Rates
The gift tax is a federal levy on the transfer of money or property to another person when equal value is not received in return. While it may sound cumbersome, most Americans will never pay a cent in gift taxes… read more…
- How to Set Up a Trust Bank Account
Understanding what you need to support your loved ones during and after your life can be a daunting task. Especially when it comes to the issue of assets and finances. Many people take steps like setting up a will or trust through a financial advisor. But beyond those legal agreements, a question arises about whether special… read more…
- Guardianship vs. Custody: What’s the Difference?
Both guardianship and custody describe legal relationships between an adult and a child. Custody refers to a child’s biological parents, whereas guardianship would be given to a non-biological parent. Thinking about custody may be a necessary part of a couple’s separation or divorce proceedings, whereas guardianship is usually a more long-term approach to this kind… read more…
- Power of Attorney vs. Guardianship
Both power of attorney and guardianship are forms of fiduciary relationships in which one person acts on behalf of another. They are tools you can use to name somebody who can act for you if you become incapacitated or unable to make financial decisions in particular. Circumstances will vary based on your personal financial situation, which… read more…
- A Complete Guide to Adult Guardianship
Caring for one’s own financial situation is a key part of one’s own independence. But there are some cases where a person needs help making legal and financial decisions. That’s where the concept of guardianship comes in. Guardianship is not… read more…
- Tenancy by the Entirety: Definition and Explanation
When it comes to owning property with someone else, there are a few important considerations to keep in mind. You’ll want to ensure that your ownership interests are protected, that the property will transfer to you quickly and easily if the other party passes away and that you are safe from certain liabilities belonging to… read more…
- What Is a Living Trust in Real Estate?
While no one wants to think about his or her own death, planning for the inevitable is an important part of protecting your assets and those you love. There are a few important legal steps you can take to prepare for the future of your estate, one of which may include the creation of a… read more…
- What Is a Probate Sale? – Estate Planning
More often than not, people want to leave their assets and property behind to people they care about when they pass. But sometimes individuals don’t make a will or die with debts. In such cases (among others), their property has… read more…
- What Is the Cost Basis of Inherited Stock?
The cost basis of inherited stock refers to the value assigned to shares received from a deceased individual, typically based on the stock’s fair market value on the date of death. This valuation method, known as a step-up in basis, can affect capital gains taxes if the stock is later sold. Unlike gifted shares, which… read more…
- What Is Generational Wealth?
Generational wealth is wealth that gets transferred from one generation of a family to the next. It may consist of valuable assets such as cash, real estate, securities or ownership of a family business. Generational wealth may also take the form of education, contacts, ability to take greater risks and lucrative employment within a family… read more…
- How to Change a Power of Attorney
Power of attorney is an important legal planning tool. It is commonly used for estate planning, medical management, financial management and much more. It’s also a flexible tool. You have the right to change or revoke a power of attorney at absolutely any time. Moreover, changing or revoking a power of attorney is extremely simple (by… read more…
- Can a Power of Attorney Transfer Money to Themselves?
Paying yourself as power of attorney can raise legal and ethical questions, since the role comes with fiduciary duties to act in the best interests of the person granting the authority. Generally, a power of attorney cannot transfer money to themselves unless the legal document specifically allows compensation or gifts. Even when permitted, such actions… read more…
- Strategies for How to Avoid Inheritance Taxes
When a loved one dies, there are a lot of things to worry about, from planning the funeral to dealing with your own emotions. As is often the case though, money is a major part of the calculus of life when dealing with a recently deceased family member. When they pass, your family will have… read more…
- How to Prevent Elder Financial Abuse
Elder financial abuse is a broad term that describes the theft, fraud or otherwise misuse of an elderly person’s assets. Seniors can be targeted for fraud scammers but it can also happen within a caregiving or family setting. Elder financial… read more…
- What Is a Property Trust and Who Needs One?
Trusts are useful financial tools, often used for the purpose of planning an estate. A trust is essentially a legal framework into which ownership of assets can be placed. These assets can include financial products like stocks and bonds, or it can include real physical property, like land, jewelry or vehicles. There are a number… read more…
- Conservatorship vs. Power of Attorney
When it comes to making decisions for someone who can’t manage their affairs, two legal arrangements often come into consideration: conservatorship and power of attorney. These two options serve similar purposes but differ significantly in how they’re established, the authority they grant, and when they’re most appropriate. Understanding the distinction between conservatorship and power of… read more…