Can a Spouse Change a Trust After Death?
March 12,
2024

Can a Spouse Change a Trust After Death?

When clients begin creating a trust, it usually leads to numerous questions about processes and the level of protection the trust grants their heirs and estate. At AmeriEstate, we invariably get questions about whether a trust can be changed after the person dies, especially for married grantors. So, can a spouse change a trust after death? It depends on the type of trust, the trust terms and whether the couple created a joint trust. Let’s walk through when a spouse can alter the trust after death and when the spouse can’t.

Read more


Understanding Advanced Health Care Directives and Do Not Resuscitate (DNR) Forms | AmeriEstate Legal Plan
February 27,
2024

Prop. 19 Webinar Replay, Overview, and Q&A

In this informative webinar we discuss the critical aspects of Advanced Health Care Directives (AHCD) and Do Not Resuscitate (DNR) forms. We provide valuable insight into the purpose and significance of AHCD, shedding light on the key differences between the two documents and equip you with the knowledge to make informed healthcare decisions.

Read more


Revocable Trusts vs. Irrevocable Trusts | AmeriEstate Legal Plan
February 27,
2024

Revocable Trusts vs. Irrevocable Trusts

You’ve worked hard to earn the things you have today. You’ve purchased a home, invested wisely, secured a savings account, or started a business; you know these are life changing assets. That means you should plan for what happens to them when you pass away. One way to make a plan for your assets to be passed to your heirs is to create an estate plan or living trust.

Read more


How Much Does It Cost To Set Up a Living Trust? | AmeriEstate Legal Plan
February 23,
2024

How Much Does It Cost To Set Up a Living Trust?

The most common choice you have when setting up an estate plan is the choice between a will and a living trust. A will triggers probate unless your estate falls below a minimum threshold of value. In many states, the minimum threshold is about $50,000.

Read more


Estate Planning Myths | AmeriEstate Legal Plan
February 20,
2024

Estate Planning Myths

Myth 1: Estate Planning is only for the Wealthy Truth: Estate planning is for everyone, regardless of their financial status. […]

Read more


How Does a Blended Family Estate Plan? | AmeriEstate Legal Plan
February 14,
2024

How Does a Blended Family Estate Plan?

In the United States, nontraditional families, including blended families with stepparent or stepchildren relationships, now outnumber traditional families. Despite this […]

Read more


Understanding the Step-up in Basis for Assets Acquired from an Inheritance | AmeriEstate Legal Plan
February 13,
2024

Understanding the Step-up in Basis for Assets Acquired from an Inheritance

When it comes to inheriting assets, a critical concept that can profoundly affect your financial situation is the step-up in basis. This term pertains to the adjustment in the tax cost basis of inherited assets to their fair market value at the time of the original owner's death. A clear comprehension of the step-up basis is vital for heirs and beneficiaries, as it can have significant implications for capital gains taxes when an asset is sold. 

Read more


What Should You Not Put in a Living Trust? | AmeriEstate Legal Plan
February 12,
2024

What Should You Not Put in a Living Trust?

When you create a living trust, it’s often tempting to try to shelter everything you own by putting all your most valuable assets in it. A revocable trust offers numerous benefits, protecting you from creditors while you live, giving you control over your assets, and offering flexibility in how you distribute your assets after death. It also protects your privacy and saves your beneficiaries from the probate process.

Read more


Heir vs Beneficiary: Who Has Greater Right to Your Estate? | AmeriEstate Legal Plan
January 31,
2024

Heir vs Beneficiary: Who Has Greater Right to Your Estate?

The distinction between an heir and a beneficiary is crucial in understanding their roles in estate planning. In the context of rights to an estate, heirs' entitlements are explicitly outlined under a Trust or Will. In cases where there is no formal Estate Plan, heirs are legally recognized as the next of kin, granting them rights to inherit property and assets in the absence of a Will or Trust. The succession order, dictated by state law, typically follows a pattern of spouse, children, descendants, and close relatives.

Read more