Working with an attorney to draft a trust agreement for estate planning purposes is an important step. But just getting the document drafted and signed is not enough. For any trust to be effective, you must complete the process of funding your trust as soon as you can. But what exactly Continue reading
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Is Our Home Community Property or Separate Property, and Why Does It Matter?
When two people get married, the property they obtain during their marriage is called marital property. This includes anything from real property like homes and rental properties, to stock options, investment accounts, heirlooms, and employment income.
A common assumption is that Continue reading
What if I Can Find Only Photocopies or Digital Copies of My Estate Planning Documents?
If you were to ask attorneys across the country how often they get phone calls like the following, the answer (“Very frequently”) may surprise you. The phone call might go something like this: “Hi, this is John Jones. My dad, Bill Jones, passed away recently and we have torn the house Continue reading
Britney Spears: A Cautionary Tale about Conservatorships
Even if you do not listen to pop music, it has been hard to ignore the recent news about Britney Spears and the #FreeBritney movement trending on social media. What is this movement all about? And why should average Americans care?
In 2008, pop singer and superstar performer Britney Continue reading
Important Questions Your Estate Planning Attorney Will Ask You
For many people, the thought of meeting with an estate planning attorney strikes fear into their hearts. It can be uncomfortable to even consider the possibility of no longer being able to manage your own affairs, let alone no longer being alive, with your property and accounts passing Continue reading
What Is a Separate Revocable Living Trust?
When a couple engages in foundational estate planning, one of the first questions addressed by estate planning attorneys is whether it makes sense for the couple to use a revocable living trust (RLT) as a part of their plan. If using an RLT makes sense, an important follow-up question Continue reading
Basis: What You Need to Know
“Basis” is a term used frequently in tax law. But for many, the term is unfamiliar and intimidating—perhaps something they feel is better left to a certified public accountant to worry about. Nevertheless, a basic understanding of the concept can be very helpful for understanding Continue reading
Trust and Estate Administration: Whom Should You Bring to the Meetings?
A loved one’s passing is felt by their entire surviving family. But when it comes to carrying out the decedent’s final wishes, not everyone has an equal say. In fact, in many cases, only one person—the executor, or personal representative, of the estate—plays a role in administering Continue reading
How Can Remarriage Affect Your Estate Planning?
Divorce is more common now than it was in the past, as is remarriage. Depending on how long a prior marriage lasted, the former couple may have engaged in certain levels of estate planning together. When that is the case, it is important to understand how a subsequent marriage can Continue reading
When You May Not Be Able to Use a Financial Power of Attorney
Besides directing what happens to your finances when you pass away, a comprehensive estate plan also addresses the possibility that you could become unable to handle your financial affairs while you are still alive.
You may have signed a financial power of attorney (POA) that allows Continue reading