Nominating a Guardian for your minor children is something that is done in your Last Will and Testament. For many clients this is a top priority when creating an estate plan. Technically, a court names the Guardian of your minor children. However, in your Will you will have the opportunity to nominate who you would […]
When it comes to estate planning for blended families, there is no one size fits all solution. Likewise, sometimes a measure of creativity is required. While the following solutions are far from an exhaustive list, here are some frequently used options worth considering: 1. Joint Revocable Living Trust – The most straight forward option is […]
When someone is particularly ill, is not an ideal time to create an estate plan–it should be avoided if possible. However, sooner is always better! The downsides of waiting until you (or your parents/grandparents) are late in years or terminally ill, include: (1) You never know when your health could quickly fail (or suffer an […]
Learn more about Power of Attorney declarations and the role they can play in your estate plan. You may have heard the terms “Durable” and “Springing” associated with a Power of Attorney. These terms distinguish the circumstances under which your representative (called your “attorney-in-fact”) has the authority to act on your behalf. With a “Durable” […]
Cryptocurrency is a unique financial asset. Accordingly, it requires unique consideration when planning your estate. Financial assets such as retirement accounts or checking accounts, are typically transferred to your trust by listing the trust as a beneficiary, POD (payable-on-death designee), or via a similar convention. However, any cryptocurrency stored in your digital wallet is intended […]
The implications of utilizing non-probative transfers, such as Beneficiary Deeds and POD/TOD designations, can be tricky to understand when preparing a Will. Rule #1: Wills have no control over assets transferred by Beneficiary Deed or TOD A common scenario: a client wants to avoid probate, so they apply “non-probative transfers” to their assets. By non-probative […]
If I have a trust do I still need a Will? In short, yes. It is always advisable to have a Will. If you have a Trust you should still have a Will. There are certain issues addressed in your Will that cannot be addressed in a Trust. Some of these issues include nominating a […]
Learn about how Revocable Living Trusts work. How does a Trust work? “A Will Meets a Business” I think it is easiest to think of a Trust as “a Will meets a business.” A Trust is like a Will because it performs the same ultimate function—transferring your assets to your beneficiaries. However, a Trust is […]
Learn the difference between commonly confused estate planning terms. Estate Planning terms vary from state to state Legal verbiage is notoriously confusing. In Estate Planning this confusion is compounded by different states using different terms to describe the same concepts. One example is the term “Executor.” An Executor is called a “Personal Representative” in Missouri […]