Estate planning is an important part of getting your affairs in order. During the estate planning process, you’ll need to decide if you want a will or trust. Look at some reasons why you might need a living trust. Then, you can hire a trust attorney to handle it for you.
Many people turn to an Armonk trust attorney to set up a living trust so they can avoid probate. If you have a will, it will have to go through probate, and that can take months or, in some cases, years. On the other hand, your assets can be distributed in weeks if you use a trust. Your ...
- November 15, 2018
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Time and again, I see clients feel great relief when they write a will. They have chosen the executor who will take charge of their estate, named a guardian to care for young children (if needed) and selected a trustee to manage a trust they create – to protect assets or avoid probate. Things feel settled. That difficult task is done. Phew. It’s not too late to give yourself this gift. Contact us today to have this off your “to-do” list by the holidays.
You absolutely need a will if you want to provide for your significant other, best friend or ...
- November 7, 2018
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I Say a Little Prayer for Aretha’s Family
With the passing of Aretha Franklin, we lost our first lady of soul. Estimates are that her estate is worth $80 million – and that may not count ongoing royalties. Despite all that wealth, Aretha died without a will.
That’s where my little prayer comes in. The federal estate tax of 40% does not apply to a person’s estate unless there are more than $11.2 million in assets. But Aretha did. Her federal estate tax bill alone could be close to $30 million. Some good news, though: Michigan is one of the 38 states that have NO ...
USING A LIVING TRUST AS A WILL SUBSTITUTE
Instead of leaving property to a loved one under a will, clients often create a “living trust” to get the job done. With a living trust, it is easier to change beneficiaries, as well as who gets what when you pass away. Changes to a living trust can be made more easily than changes to a will.
Some Background: A “trust” is a legal arrangement where the property is transferred to another (a trustee) to hold on behalf of himself or someone else, who is referred to as a beneficiary. A trust is governed by a trust “agre...
Lawyers Have Fears Too
I recently read an article in the American Bar Association Journal, titled: “32 of Lawyers’ Most Common Fears.” That number alone gave me pause. Did you know that the top fears include:
Feeling their offices or cases are out of control
Looking foolish when asking questions
Seeming “too nice”
Speaking in public
Lacking skill or confidence
Intimidation by superiors and judges
Suffering pain, humiliation, and shame if defeated
Being attacked or outsmarted by their counterparts
Isn’t this similar ...
For many clients today, their homes and IRAs represent their biggest assets. And both require special care and handling when leaving them to loved ones as part of an estate. Real estate passes per title on a deed and IRA assets pass to those designated in a beneficiary designation form. These assets only pass under a will if there is no joint name on a deed and no beneficiary designation form for an IRA.
Often when people come in for an estate planning consultation, they believe that if they write a will, all of their assets pass per instructions under a will. This is ...
What They Are and Why it Matters
Probate is the process of having a court determine if a will is properly executed so that estate administration can get underway. As part of the process, a fee is paid to the county and notification is given to creditors, heirs, and beneficiaries. What most people don’t know though, is that the only assets which pass under your will, are those in your name alone. Assets which pass under your will are known as “probate” assets.
You can easily avoid probate if the property is jointly owned, owned by a trust, or is an account or an ...
When you ask what will happen when you die, it’s not just an existential question. You want to know what will happen if you die without a will. There’s a myth that the government will take your assets, but that’s not true. Instead, your assets will be distributed to your heirs based on the laws of intestacy. To put it simply, your relatives will inherit your assets if you don’t get help from a will attorney. Fortunately, the law firm of Susan G. Parker, Esq. PC can help. Susan G. Parker offers estate planning services in Westchester County, including Briarcliff and ...
- April 2, 2018
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Typically, I don’t write about tax bills because they may never become law. Congress’ latest plan for tax reform stands out, though, because it proposes to change many longstanding tax rules. But a lot of horse-trading goes on before final laws are enacted, and that’s already started.
While there is a lot of talk about the proposed reduction in corporate taxes (from 35% to 20%), individuals may face tax changes that aren’t so beneficial. That will be the focus here.
When it comes to personal tax deductions, many of us benefit from deductions for home mortgage ...
Here is some more information about probate: Understanding Probate
What is Probate?
Probate is the legal process of petitioning the court to declare that a will is valid and appointing an executor to oversee the estate. The executor is the person chosen to carry out the wishes of the decedent. And the will provides instructions for what’s to be done.
Probate assets are typically assets titled in the decedent’s name alone. Common examples include:
Personal property such as furnishings, jewelry and collections.
Bank accounts or deeds to real estate, in ...