Other aspects of estate planning are more complex, but choosing a trustee is one of the more difficult decisions to make. Conventional wisdom suggests that people should have several trustees in order of succession, but sometimes choosing even one successor trustee can be difficult. This is true whether we are talking about a living trust that is…
DetailsPeople often confuse executors and trustees. Both roles are important when it comes to estate planning, but the roles are distinctly different. Understanding the difference between executor and trustee will be helpful when you think about doing your estate planning. Simply put, executors are to Wills what trustees are to Trusts. An accurate picture of the…
DetailsAn article we did on our Family Law website highlights the difference between marital and non-marital property owned by spouses. Marital property gets divided between the spouses if there is a divorce, but non-marital property doesn’t get divided in a divorce. Non-marital property remains the property of the spouse in whose name the property is…
DetailsA beginning question for couples who want to avoid probate by using a trust or trusts is whether to use a single, “joint trust” or to use separate trusts, one (or more) for each spouse. There is no one-size-fits-all answer. Many couples own all or most of their property jointly, and couples naturally want to duplicate…
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If you have an estate plan, count yourself among the responsible few. Most people do not have one. Even if you have an estate plan, however, you should review it periodically to be sure it will meet your needs as times and circumstances and how you view your world change – and they will. When should…
DetailsPeople like stories, and I have gathered a few in the years I have practiced law. During the time I have been representing people doing estate planning and handling estates, I have seen many things, both good and bad, that are examples of what to do and what not to do. Most of the bad stories involve not…
Details“Avoiding probate” is a buzz word that is often stated and sometimes confused. The probate process is often misunderstood, even by people who are sure it should be avoided. Wills do not “avoid probate”, and probate does not subject an estate to taxation, though both concepts are often believed to be true. So, what is…
DetailsI do a lot of estate planning for spouses, and one topic comes up over and over again. When I have clients who want to make life easier for their loved ones and avoid probate, the best way to do that is to use living trusts. The question, then becomes, should they have one, joint…
DetailsOne thing that requires close attention when doing estate planning, but little attention is paid to it, is the way we hold title to our assets. How we own our assets is a key component to estate planning that is often overlooked. Attention to property ownership detail can make the difference between estate planning success or failure. For…
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