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Do You Need An Estate To Create An Estate Plan?

Forbes:  “When I would tell people that I was working on a book about estate planning, many of them looked at me quizzically because they weren’t sure what I meant. Others said, “Oh, that’s not something I need, because I don’t have an estate.”

Contrary to popular misconception, you don’t have [...]

I Got A Divorce. What Should I Do With My Estate Plan?

Question:  I was recently divorced, but my estate plan names my former spouse in a few places.  What should I do?

Answer:  Revise your estate plan!  You should always think about updating your estate plan when a major life event happens.  Divorce or legal separation from your spouse is one of these events.  [...]

California Recognizes Tort of Intentional Interference with Expected Inheritance

California has finally joined the majority of states and recognized the tort of intentional interference with expected inheritance (“IIEI”).  This adoption was done by the California Court of Appeals based on the fact that the IIEI claim is consistent with other California laws, the fact that of the 42 states that have considered [...]

If You Like Your Privacy, Create A Trust

Should you create a will based estate plan or a trust based estate plan?  It depends on your goals.  While a will and a trust serve some of the same functions, some of the major differences become apparent when you examine how each is administered.  A will must be entered into probate.  Probate [...]

Joe Paterno’s Will Unsealed

After Joe Paterno’s death, his estate was admitted to probate.  Typically, documents filed in a court proceeding are public record.  If a Will was filed as part of a probate case, that too would normally be public record.  However, Joe Paterno’s family requested that his Will was sealed, which the court later did.  If someone [...]

Eliza Presley Back In Court

Probate Lawyer Blog:  “We’ve written extensively about the efforts by Eliza Presley to prove that she is half-sister to Elvis Presley and daughter to Vernon Presley, based on DNA and other evidence. Much of this same evidence also supports Eliza’s claim that Elvis Presley is actually alive. You can get caught up to [...]

Estate Planning Mistakes New Parents Don’t Want To Make

Lawyers.com:  “It’s official: Jacob and Sophia are America’s most popular baby names. Once you’ve settled on a name for your new bundle of joy, it’s not too early to make legal preparations as your child enters the world.

Jacob has been the No. 1 boy’s name for 13 [...]

An Estate Plan Is More Than Just A Will

The Journal:  “Far too many people think, “I don’t have an estate. I don’t need to do any estate planning.”

But there are more aspects to estate planning than just signing a will. Medical, current financial and other decisions also play an important role.

The differences between the similar [...]

Avoiding Common Issues With Trusts

RGJ.com:  “George Bernard Shaw said “Marriage is an alliance entered into by a man who can’t sleep with the window shut and a woman who can’t sleep with the window open.” Like marriage, estate planning takes work — optimism, contingency planning and adjusting.

I want to share some of the pitfalls [...]

Everyone Can Benefit From A Trust – Regardless Of Their Net Worth

SeacoastOnline.com: When I talk with couples about estate planning, a frequent question is whether they have enough assets to warrant the use of trusts.

Trusts have long been considered a tax-saving tool for the wealthy. Now that Congress has increased the federal estate tax exemption to $5 million and made that [...]

How Billionaires Avoid Taxes

Forbes:  In 2010 Max R. Levchin, chairman of social review site Yelp, sold 3.1 million shares of Yelp held in his Roth individual retirement account. Most of the $10.1 million he received was profit. But Levchin, a 36-year-old serial entrepreneur who started PayPal with ­billionaire Peter Thiel in 1998, won’t ever have to [...]

Whitney Houston’s Estate Plan Was Not Ideal

Probate Lawyer Blog:  Whitney Houston’s will was recently revealed, after it was filed with the probate court to open her estate, in Atlanta, Georgia. As expected, it named Bobbi Kristina as Whitney’s sole beneficiary. Beyond that, it was surprising for several reasons.

First, the fact that Whitney relied on a will — signed back in [...]

Planning Your Pet’s Trust

Investopedia.com:  Pets have become an increasingly important part of modern life. Many pet owners view their animal companions as members of the family and treat them as such, but it has only been in the last 15 years where pets were given a legal upgraded status. It was 1993 when the National Conference [...]

Florida Millionaire Adopts Girlfriend to Protect Assets in Trust

Estate of Denial:  John Goodman is the 48-year old multimillionaire from Palm Beach, Florida who recently made headlines when it was publicly revealed that he adopted his 42-year old girlfriend to help protect the family fortune.

Goodman did this in the midst of criminal and civil legal proceedings pending against him. [...]

Can a Trustee be Compensated?

Sacramento Bee:  Can I take a fee for handling my family’s living trust? What if my son doesn’t want the home that’s left to him in a will?

This week, those questions get answered by our “Ask the Experts” estate planning attorney, Michelle Goff. She’s part of our new team of [...]

Film About Trusts Wins Golden Globe for Best Drama

Estate of Denial:  “The Descendants,” a family drama set in Hawaii, won the Golden Globe on Sunday night for best drama. George Clooney, who stars in the film as a father coming to grips with his wife’s impending death, won for lead actor in a drama.

Since our review published in [...]

Planning for the Future and Reducing Uncertainty

 Yuma Sun:  When planning for the future, none of us has a crystal ball. We must plan our affairs based on current circumstances while trying to anticipate a whole range of possible future events.

 When a couple sits down to plan what they want to happen after their death, they are [...]

Questions You Should Ask Your Estate Planning Attorney

US News & World Report:  Because you’ve worked hard to create a secure and comfortable lifestyle for your family, you’ll want to ensure that you have a sound financial plan that includes trust and estate planning. With some forethought, you may be able to minimize gift and estate taxes and preserve more of [...]

Baby Boomers Aren’t Estate Planning

ABA Journal:  The Associated Press has a story out discussing how most boomers don’t have living wills. They also are light in other estate planning areas. Estate of Denial® is often the first in line willing to point out probate abuse that occurs via the use of instruments like wills, trusts, guardianships and [...]

Common Estate Planning Mistakes And How To Avoid Them

Online Athens:  I want to highlight some of the most common estate planning mistakes I think people routinely make (knowing that I can’t possibly cover them all in one column). You will notice that I’m not going to discuss the estate tax beyond saying that very few people are subject to it and [...]

A Guide To Talk To Your Parents About Estate Planning

The Herald – Monterey County:  When it comes to family interaction and communication there is as much variety as there are families.

Some parents hold their financial information close to the vest, build their wealth and, once the estate planning is done, tuck those documents away and never discuss the plans [...]

Probate Nightmare: South Carolina AG Rewrites James Brown’s Estate Plan

Estate of Denial:  The South Carolina Supreme Court heard arguments Tuesday in the attempt by former James Brown trustees Robert Buchanan of Aiken and Adele Pope of Newberry to set aside a 2008 deal between former S.C. Attorney General Henry McMaster and some of Brown’s disinherited claimed heirs to transfer about $50 million [...]

A Review Of Quicken Estate Planning Software

Florida Estate Planning Lawyer Blog:  I recently receive a copy of Quicken Willmaker 2009. I have previously written about many articles about the unintended results that occur with Do It yourself and Free Estate Planning Documents created by individuals without the advice of counsel and the problems with online document preparation services like LegalZoom and [...]

Secretive Jobs Placed Assets In Trust Before His Death

Times Colonist: Apple co-founder Steve Jobs and his wife placed at least three properties into trusts in 2009, which legal experts say is a sign the secretive Apple chief may have been ensuring that his assets aren’t disclosed upon his death.

The ownership transfers occurred while Jobs was on a medical leave [...]

Problems With Joint Ownership Between Generations

Forbes: Celebrities are not the only ones to make mistakes with their estate planning. It happens to people all across the country on a regular basis. The end result — just like with the rich and famous — often is an ugly and expensive family fight in court. One of the most common [...]

What You Should Expect When Estate Planning

Nevada Appeal:  Clients often admit that they procrastinated before engaging me, largely because they didn’t know what estate planning entailed. Though the process involves some work, a law office that focuses on estate planning matters can walk you through it so that you develop a comfortable understanding of what you are getting and [...]

Annuities And Estate Planning

Wealth Strategies Journal:  The Law of Unintended Consequences generally holds that human conduct will produce at least one unintended consequence over a course of time and during a series of activities or transactions.

Disclaimer: Material is presented here for general information purposes and does not constitute legal or tax advice. The intent of the material [...]

Estate Planning With A Second Marriage

NJ.com:  Today Your Legal Corner provides information on second marriages and estate planning.

Losing a parent is devastating. It is said this experience begins the next chapter in our life and that of the surviving parent.

When the surviving parent finds a new special someone, it can create mixed [...]

How Do Parents Keep Control Of Assets Passed To Children?

Wealth Counsel Estate Planning Blog: Parents want to be in dictatorial control. However, trusts must be irrevocable for estate tax and asset protection planning purposes. Many people get turned off when the word “irrevocable” is raised. We must be able to assure them that they can “have their cake and eat it too.”

How To Operate Your Trust

Wealth Strategies Journal:  Here’s part two of the exciting, can’t catch your breath topic, how to operate your trusts. Many folks seem to think if they’ve signed a trust they’ve done the deed, but as the Carpenter’s song goes: “We’ve only just begun.” Just like a good golf swing, follow through is essential [...]

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