Wills and trusts are the two basic legal instruments that people use to pass accounts and property on to their loved ones at death. Although a revocable living trust is often used in place of a will, the two are not mutually exclusive. You can have both a will and a trust, and in Continue reading
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Using Real Estate Deeds in Estate Planning
When using trusts in estate planning, a key element includes transferring the trustmaker’s real estate into the trust by recording a deed with the local recording authority. This step is crucial for ensuring that the trustee has the authority to manage and ultimately sell or transfer Continue reading
Untangling Tangled Titles: Homeownership, Property Deeds, and Estate Planning
Do you really own the home you live in?
If you are currently living in a property that you inherited but the deed has not been transferred into your name, you may be surprised to learn that, under the law, you are technically not the owner. This legal situation is known as “tangled Continue reading
Slayer Statutes: Preventing Killers from Profiting from Their Crimes
Most states have laws that prevent someone who has intentionally killed another individual from being able to inherit any property from their victim.[1] In general, these laws are referred to as “slayer statutes” and are designed to prevent the patently unjust outcome of a killer Continue reading
Qualified Personal Residence Trust: What Is It and When Should You Consider One?
Americans have enjoyed historically high estate tax exemption rates for most of the last twenty years. Such high exemption amounts have kept many of them from needing to seek out more advanced estate planning strategies to avoid estate taxes, which have been as high as 60 percent Continue reading
Are Family Limited Partnerships under Attack?
A popular estate planning tool that has long been used effectively may be facing new challenges under the current administration in Washington, DC. The family limited partnership (FLP) is an estate planning tool that allows families not only to transfer significant amounts of their Continue reading
Protecting the New Athletic Superstars
It is a new era for college student athletes, who can now (as of July 1, 2021) profit from their name, image, and likeness (NIL).
A change to the long-standing National Collegiate Athletic Association (NCAA) policy that prohibited athletes from making money has abruptly—and dramatically—altered Continue reading
Mental Health Considerations in Estate Planning
It is okay to not be okay. Removing the stigma of mental health starts with realizing that many people—about one in five of all US adults–are affected by mental illness. Understanding this fact can lead to more people getting the help they require, not only by seeking guidance from Continue reading
Should You Consider a Life Estate for Your Home?
A home is often one of the most valuable items of property that someone will ever own. When it comes to ensuring that your home passes to the individual or group that you intend, there are a variety of ways to legally make that happen. The life estate is a less commonly used method. Continue reading
Decanting: Redoing Your Loved One’s Estate Plan
In a constantly evolving world, having the flexibility to adapt to changing circumstances is a valuable trait. But is flexibility less important in estate planning than in other areas of life? In many situations, you may not want your estate planning documents to be flexible after Continue reading