Will and Trust Contests

Questions for Discussion What legal standing and grounds are required to attack a will and a trust? What standard of proof is required when attacking a will or a trust? What are the allowable time periods for attacking wills and trusts? Is it easier to contest a will than a trust?   Standing to Challenge… Continue Reading

How to Begin the Estate Planning Process

How do we get started? What will my spouse and I need for the first meeting with our estate planning attorney? Once you have found an estate planning attorney who is right for you, you should ask the attorney what you need to do to get the estate planning process under way. Most estate planning… Continue Reading

Comparing Testamentary and Living Trusts

Is it valid to compare a simple will to a living trust-centered estate plan? What are the similarities between living trust-centered planning and testamentary trust planning? What are the differences between living trust-centered planning and testamentary trust planning? Is living trust-centered planning preferable to testamentary trust planning? In most instances, trust critics compare living trusts… Continue Reading

Advantages of a Living Trust

The Advantages of a living trust can be summarized as follows: Estate planning. The freezing of value. Tax planning Preservation of assets after death. Protection of assets from creditors. Protection against spendthrift children. Protection of a vulnerable spouse after your death. Protection of minor and/or vulnerable children. Income tax splitting. Assuring rapid access to income… Continue Reading

The advantages of a modern living-trust-centred estate plan

In many countries, there is what is called a durable power of attorney. Making a durable power of attorney for finances ensures that someone you trust will have the legal authority to take care of financial matters if you become incapacitated and unable to handle things yourself. (The term “durable” simply means that the document… Continue Reading

A living, loving trust plan

I want to protect and care for myself and my family while I am alive, and to leave what I have- and what is needed- to whom I want, the way I want, and, in addition, if I can, save legal fees, administrative and court costs, and taxes to the maximum extent legally possible. Wills… Continue Reading

Tips to Avoid Trust Disputes

  Read the trust instrument carefully and, if in doubt, obtain legal advice. If the settlor requests changes, check the effect of these with legal advisors. Take particular care if the settlor wants the trust to hold risky a business. What is the level of risk? Who is going to manage the business? The trustee… Continue Reading

Why pay more than you have to?  

Does anyone enjoy paying taxes? Does anyone enjoy more legal fees than he or she absolutely has to? Wouldn’t a person like to put an estate plan together that would take care of all assets so that he or she would not have to pay any more taxes or legal fees than would be absolutely… Continue Reading

What Makes an Attorney Qualified to do Estate Planning?

Can just any attorney prepare a living trust plan? Any attorney can legally prepare estate planning documents, including living trust-centered plans. However, few attorneys graduate from university with much knowledge or background in trusts or estate planning. Most graduates would agree that they need practical experience and guidance from a senior attorney prior to tackling… Continue Reading

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