Category: Trusts

Title Policy Protection for Trustees

Despite the current economy and fluctuating home prices, it’s a good time to discuss one of the details that often gets overlooked in estate planning – did the transfer of your real property to your living trust cause your title insurance policy to lapse? WHAT IS TITLE INSURANCE? Title insurance is a policy that you [..]

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Proper Handling of Estate Planning Documents

We live in an age of electronic technology which can be used to assist us with the mounds of paperwork that inundate our lives. Although original legal documents can be scanned and kept in a PDF or some other electronic format that prevents their being altered, proper handling and storage of the original paper document [..]

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Pet Trusts

More than half of the American population currently own pets or grew up with one or more pets. Pets are a good way to teach children responsibility. Pets also act as a companion for older persons. Seniors enjoy caring for and interacting with their pets. But pet ownership requires a backup plan in case of [..]

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Common Planning Mistakes

A person’s estate plan usually consists of a revocable living trust, a pour-over Will, advance directive for health care, durable power of attorney for property management, and appropriate funding documents which include assignment of the person’s tangible personal property and transfers of real property and other significant assets to the trust. The living trust is [..]

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Children and Parents…The Sandwich Generation

It is well known that children are minors until they reach age eighteen (18). Until that time, the child has no legal ability to hold money or property. If a minor child is named as a beneficiary of a life insurance policy, or if there is a custodial account established for the benefit of the [..]

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Contingencies

As a lawyer, I am trained to look for the worst case scenarios in a given situation. This is especially important in the estate planning field because there are so many variables when assisting clients in planning the disposition of their estates. One of the unknown variables is whether a named beneficiary will be alive [..]

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Trust Admin-Survivor’s Trust

One of the trusts that comes into existence upon the death of the first spouse of a married couple who have an A-B trust arrangement in their estate plan is called the Survivor’s Trust. WHAT IS THE Survivor’s TRUST? When a couple has a joint living trust with a typical A-B arrangement, the joint trust [..]

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Trust Admin-Bypass Trust

Unfortunately, I have had some of my dear clients pass away since the beginning of the year. So I have been involved in several administrations of their living trusts. This leads me to think of some of the common and not so common issues that may arise during trust administration which may be useful to [..]

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What is the Difference Between Executor and Trustee?

Estate planning is an area of law that can be confusing for clients in that there are several terms which have a precise legal definition but which are interchangeable in the minds of many clients. I hope to make the distinctions clear in this newsletter. WHAT EXACTLY IS A TRUSTEE? Those readers who have created [..]

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Funding Living Trusts

If your estate plan includes the creation and establishment of a revocable living trust, your attorney probably informed you that your trust can only control the assets to which it has title. Trusts do not control assets held as joint tenants with right of survivorship, assets held in an individual’s name, or assets that are [..]

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