Even the Basics Can Get Complicated
If you’ve been in my office, you’ve heard me say that the basic elements of a typical estate plan are: a trust to prevent probate and hold property for beneficiaries until they reach a certain age; a back-up will; a power of attorney for finances; and an advance health care directive. Simple—until it’s not. Alejandro and Alicia are old clients of mine and they were in the process of buying a house for one of their daughters and her family when their son and his wife—living outside the country—were about to have a first baby. Alejandro and Alicia were concerned that the...
Read MoreWho owns what? Trusts, joint tenancy and more…
I know many of you have recently refinanced your houses, and this can affect your trust, albeit temporarily. Very often – but for no good reason – a lender will ask you to remove your house from your trust before you refinance, placing title back in your name as an individual or married couple with a recorded deed. Some lenders will do this for you. Others will send you to an attorney to do this and I have recorded many such deeds in recent years. The trick is to make absolutely sure that when the refinancing process is complete, your house is retitled back in your names as...
Read MoreProtect Your Online Assets Too
We are living more and more of our lives on-line and I am increasingly asked by clients: what should we do about our on-line assets? This is a moving target. A number of companies have sprung up, offering — for a hefty fee — to hold onto your passwords until your heirs eventually call to retrieve them. I can’t recommend any of these firms and I’m not sure it’s at all necessary to pay someone to hold onto on-line information. James died about a year ago after a lengthy illness. He was a software designer and he did all of his banking and paid most of his bills...
Read MoreProtect your pets with careful estate planning.
I have a new dog named Maggie. I grew up with beagles, then as an adult had a series of cats, and then had no pets at all for the years when I was a renter. Maggie is a two year-old rescue dog, a Maltese mix, weighing in at a little over ten pounds. I’m thrilled to have her in my life. As you might guess, part of my responsibility as a dog owner is to provide for her in my estate planning documents. With luck, I will outlive her, but what if I don’t? What if I am ever unable to take care of her? These questions ran through my mind as soon as I adopted her. My Power of Attorney, like...
Read MoreKeep Your Beneficiary Information Updated
If you’re one of my clients, you’ve heard me urge you to check the beneficiary designations on your various retirement accounts and life insurance policies. The end of this year and beginning of a new year is a good time to make a routine check to see that you have chosen people and charities you still favor. Contact the institutions that hold your accounts, ask them who is on record as your current beneficiaries and, if you want to make a change, request a change-of-beneficiary form. And then don’t neglect to fill it out, submit it to the bank or brokerage company, and request that...
Read MoreIt’s never too early to start your estate planning.
Dan and Melissa were estate planning clients of mine a number of years ago. They made a revocable living trust to hold their property, both to spare their children from probate court and to have their property held in trust until the children are at least 25 years old. Last year, their youngest child turned 18 and left home to go to college. Dan and Melissa called me up and asked: isn’t it time that our son Joseph has his own estate plan? “Absolutely,” I said, and I applauded them for their foresight. Before a child turns 18, parents have the legal authority to make health care...
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