A Power of Attorney (“POA”) is a very useful and inexpensive document to obtain. If you do not have a POA, in order for your spouse or loved ones to make financial decisions for you, they must institute a guardianship proceeding.
One of the most common questions I get as an estate planning attorney is whether clients should name TOD beneficiaries on an account or transfer it a Trust. A TOD beneficiary designation means “Transfer on Death”. Some financial institutions also call this a POD designation (or “Pay on Death”). Usually the people who name TOD […]
There are many reasons to create a Will. Overall, it makes it must easier and cheaper to handle your affairs after you pass away. Here are some specific reasons for a Will: General Benefits of Having a Will It ensures a clear WRITTEN clear plan for the distribution of assets after your death. Provides proof of […]
When clients meet with an estate planning attorney, one of the biggest concerns that people have is that they do not want their children to receive too much money too early. Accordingly, they want to set up a trust for their children. This is true even if the children do not have special needs or […]
On June 21, 2019, the Supreme Court unanimously agreed to limit States’ ability to tax trust income. Justice Sotomayor delivered the opinion for the case, entitled North Carolina Dept. of Revenue v. Kimberly Rice Kaestner 1992 Family Trust. In the Kaestner Trust case, Joseph Lee Rice III had set up a trust in New […]
According to the Wills, Trusts & Estates Prof Blog, Florida has enacted a new law authorizing the use of Electronic Wills effective January 1, 2020. Florida is the fourth state to authorize the creation and storage of digital Wills. However, in my opinion, there is still a lot of uncertainty surrounding the use of such […]
Creating an estate plan for clients who are in non-traditional relationships or are part of a blended family can be very tricky. Why is Estate Planning for Non-Traditional Couples So Tricky? Let’s assume a hypothetical fact situation where you have a women (Jane) with $4M in assets. She is a widow and has 2 children. […]
I am happy to announce that we have completed our fourth video on Wills, Trusts & Estates. In this clip, Kevin A. Pollock, Esq., LLM, the head of the estate planning and estate tax department, is being interviewed by Pierson W. Backes, Esq., regarding whether you should put all of your assets into a trust. Part […]
According to multiple news sources, when the creative director and fashion designer Karl Lagerfeld died on February 19, 2019, he left his famous cat, Choupette, a significant amount of money in trust. Pet trusts are now quite common, and specifically authorized by statute in most jurisdictions. Many people consider pets as a part of the family, and want them […]