When a trust is irrevocable, you might think it can't be changed — even if it contains drafting errors or becomes ineffective or obsolete due to changing tax laws or family circumstances. Or can it? Actually, through a process known as decanting, many irrevocable trusts may be "fixed," when trustees deem it necessary. Power to Pour In common parlance, decanting is pouring … [Read more...] about Decanting May Allow Trustees to Fix a Damaged Trust
Which is the right Trust for you and your family? One of the key goals of estate and Trust planning is to avoid federal estate taxes. Careful estate planning can eliminate a significant estate tax burden for surviving spouses and their beneficiaries. Any of the Trusts below can be useful tools in preserving an estate's assets. But which Living Trust is right for you? Credit Shelter Trusts (A/B … [Read more...] about What Type of Living Trust Should I Have?
Protecting Your Goals and Your Loved Ones Naming the beneficiaries of an insurance policy seems likes an easy thing to do. If a person is married, the spouse is the beneficiary. The children are often named as contingent beneficiaries. If a person is not married but has children, the children are often named as first beneficiaries. Usually, these are the people that life insurance is intended to … [Read more...] about Top 5 Mistakes When Naming Beneficiaries of Insurance Policies
Important Reasons to Review and Update Your Estate Plan Let’s assume you are among the approximately 30% of adults who have done the prudent thing and established your Estate Plan. Perhaps you simply created a Will. Have you had it professionally reviewed in recent years? Make sure your plan is still the most suitable for your current estate and goals? Alternatively, do you have a Living Trust … [Read more...] about Five Reasons to Update Your Estate Plan
Definition of a “Grantor, Settlor, or Trustor” of a Trust These terms are often interchangeable. The Grantor, Settlor, or Trustor of a trust decides how the trust will operate, including: what property to include in the trust, who the beneficiaries will be and how beneficiaries will receive their inheritance. When the trust is revocable (i.e. can be changed or terminated until the grantor dies), … [Read more...] about Definition of a “Grantor, Settlor, or Trustor” of a Trust
Important Documents Related to Final Distribution of a Trust Estate NOTICE OF PROPOSED ACTION In the course of settling a Trust estate, the Trustee may need to make a significant decision that might affect the interests or desires of the beneficiaries. The most common decision would be to sell a piece of property or borrow money secured against trust assets. It may also involve a … [Read more...] about Important Documents Related to Final Distribution of a Trust Estate
Valuation of Cash or Financial Assets Valuation of Cash or Financial Assets is determined by providing an independent statement such as from a Bank, Brokerage, Insurance Company or other financial institution. Valuation of Tangible Personal Property In general, if the value of any item of Tangible Personal Property exceeds $5,000 then, a value must be established by reliable written … [Read more...] about Issues Regarding Valuation of Cash and Non-Cash Assets in Estate Planning
You work hard to provide for your family, pay for your child's college tuition, and ensure your family lives a good life. Wouldn't you want to make sure that still happens when you're no longer there? A well-thought-out estate plan can help accomplish that goal. Estate planning seems like a huge undertaking, but it's quite manageable if you seek the help of professionals who have experience in … [Read more...] about The Practicality of Estate Planning
As our senior population grows older, they face unique and complex challenges. Fear of losing control and doubt concerning the ability to pay for assistance with common daily needs can result in dangerous isolation for our seniors. It can also leave family members scrambling to provide help without any clear idea of the type of help needed, or awareness about resources that can be brought to … [Read more...] about Challenges Facing Aging Family Members
In most cases the language in a Trust simply states that the Trustee shall be entitled to "Reasonable Compensation" without stating a specific dollar or percentage. All of the following factors shall be considered in determining reasonableness of compensation: The degree of difficulty and novelty of the tasks required of the Trustee. The responsibilities and risks involved. The amount … [Read more...] about What is Reasonable Compensation for a Trustee to Settle a Trust Estate?