Estate Planning Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Estate Planning.



Germany Berliner Testament Featuring Remarriage Clause

  February 2, 2016     By GRP Rainer LLP
It is possible for children who are appointed as final heirs in a Berliner Testament (Berlin will) to ultimately come away empty-handed. To afford the children greater protection, a so-called Wiederverheiratungsklausel (remarriage clause) can be inserted into the will.

Insolvent Estate in Germany – Heir Liable with His Assets

  February 1, 2016     By GRP Rainer LLP
Assets are not a given when it comes to an inheritance; it is also possible for the estate to include debts. If that is the case, it may make more sense to reject rather than accept the legacy.

What is the “Residue” of a California Probate Estate?

  January 30, 2016     By Hackard Law
What does residue mean as a legal definition, and how is it important in a California probate lawsuit?

How to Contest a Will or Trust

  January 23, 2016     By HG.org
A will is considered the final words of an individual and as such, it is given much consideration by the court. Trusts are created during the lifetime of the settlor. If a person believes that a will or trust does not reflect the desires of the testator or grantor, he or she may choose to contest the will or trust.

OLG Hamm: Limits to Interpretation of a Will in Germany

  January 18, 2016     By GRP Rainer LLP
To ensure that the “final wishes” laid down in a will can actually be implemented, they ought to be defined in the most detailed manner possible, as demonstrated by a ruling of the OLG Hamm (Higher Regional Court of Hamm) (Az.: 15 W 98/14).

Finding the Right Probate and Estate Attorney

  January 18, 2016     By Mishiyeva Law, PLLC.
When it comes to dealing with the loss of a loved one, one of the last things that any family member wants to do is call a probate or estate attorney. This is understandable given that the family is grieving with the loss. Finding a lawyer should be not be a complicated matter. Finding the right lawyer to handle an estate, whether it requires planning or for the will to be probated, however, requires due diligence.

Every Young Person Should Have an Estate Plan

  January 15, 2016     By Madrid Law Group
There is a misconception among the young and single that there is no need for them to have an estate plan - that at this point in their young lives an estate plan serves no useful purpose.

OLG Frankfurt: Continuity of a Joint Will Despite Divorce in Germany

  January 16, 2016     By GRP Rainer LLP
It is possible for a joint will to remain valid even after a divorce under certain circumstances. That was the decision of the OLG Frankfurt (Higher Regional Court of Frankfurt) (Az.: 20 W 520/11).

Estate Planning: Choosing Per Stirpes or Per Capita Distributions

  January 15, 2016     By Gehres Law Group, P.C.
“Per Stirpes” literally means “by roots or stocks; by representation” and is used interchangeably with “right of representation” by estate planning attorneys when referring to a particular method for distributing assets of a decedent. Another common method for distributing assets is referred to as “per capita”. Using ther method, each member of the same generation of a decedent will receive an equal share of the decedent’s estate.

Benefits of a Financial Power of Attorney

  January 16, 2016     By Gehres Law Group, P.C.
Many of our estate planning clients have heard about a Financial Power of Attorney but are not clear as to why they should have one or how they might benefit from having this legal document. At the outset, it is important to consider, “Who takes care of my financial interests if I become incapacitated and unable to handle my own financial affairs?”

Will And Statutory Compulsory Portion in Germany

  January 10, 2016     By GRP Rainer LLP
The line of succession can be altered by means of a will or contract of inheritance. Going as far as divesting legal heirs of their compulsory portion is only possible under certain circumstances.

What Are the Rules Governing Helpers Receiving Money or Gifts from Their Elderly Patients/Clients?

  December 28, 2015     By HG.org
It is not unusual for an elderly patient to develop a close and trusting relationship with a health aid or other helper. The patient may wish to show appreciation by offering gifts. However, there are many considerations concerning this act that must be evaluated before the patient ventures to offer a gift to someone of this nature.

Estate Planning - What You Need To Know

  December 23, 2015     By Edmund Vincent, A Professional Law Corporation
Find out how an estate plan can protect your family and what should be in your estate plan.

Study on Inheritances: Three Trillion Euros to be Passed on by 2024 in Germany

  December 28, 2015     By GRP Rainer LLP
Around three trillion euros will be passed on in Germany between 2015 and 2024. That is the finding of a study by the Deutsches Institut für Altersvorsorge (German Institute for Retirement Provision).

OLG Düsseldorf: Will Drawn Up Prior To Operation Remains Valid in Germany

  December 22, 2015     By GRP Rainer LLP
In its judgment of August 19, 2015, the OLG Düsseldorf (Higher Regional Court of Düsseldorf) ruled that a will that was drawn up shortly before an operation remained valid even after the operation (Az.: I-3 Wx 191/14).

Effectiveness of a Handwritten Will in Germany

  December 24, 2015     By GRP Rainer LLP
In the absence of a will, the rules of intestate succession come into force. A handwritten will is only effective, however, if it meets certain conditions.

Contract of Inheritance in Lieu of Will in Germany

  December 16, 2015     By GRP Rainer LLP
A testamentary disposition need not necessarily be laid out in a will. The testator and heir can conclude a contract of inheritance as an alternative.

A House Divided: Avoid Estate Planning Disaster

  December 15, 2015     By Hackard Law
Your relative's estate plan is a mess - but your family doesn't know this yet. Planning isn't really the problem: there is no planning. And if there's no planning, then a house will pose a special challenge.

Abused Beneficiaries: Decoding the Language of Probate and Trust Litigation

  December 12, 2015     By Hackard Law
In California as elsewhere, most people are generally unwilling participants in estate disputes. There's no difference whether the dispute entails trust litigation, probate litigation or a Will Contest.

Berliner Testament and the Appointment of Final Heirs in Germany

  December 10, 2015     By GRP Rainer LLP
In the case of a so-called “Berliner Testament” (Berlin will), spouses can mutually appoint each other as sole heirs. However, one should also remember to clearly appoint the final heirs.

Do You Really Want To Be An Executor?

  December 9, 2015     By Wagner Sidlofsky LLP
When reading the case of Dueck v. Chaplin 1, I am reminded of an article from the Globe and Mail entitled “Executors beware– it’s not an easy job.” In the article, the author notes, “You can’t help but feel honoured when you’re named an executor of the estate of a family member or friend. It’s a sign that you’re trusted and respected.

A Look at Legacy Planning

  December 2, 2015     By Jacobson Law Group
Legacy planning is a thorough, comprehensive approach to the estate planning process.

What Is a Constructive Trust?

  November 28, 2015     By HG.org
A trust is a mechanism in which one person can transfer ownership of certain properties during his or her life of after death. A trust is subject to the provisions an instructions in the trust document. However, some trust are formed based on the conduct of the parties and their intentions as opposed to the official wording of a trust document. Constructive trust are formed as a remedy to prevent unfair results.

Transfer Real Estate Without Probate With a Lady Bird Deed

  November 27, 2015     By Jurado & Farshchian, P.L.
A Florida Enhanced Life Estate Deed — also known as the “Lady Bird Deed” because President Lyndon Johnson used one to pass property to his wife, Lady Bird Johnson – is an estate planning instrument that allows a property owner to maintain control of his or her real property and avoid probate when it is time to pass the property on to heirs.

When an Acting Power of Attorney Isn’t the Right Person for the Job in Ontario, Canada

  November 20, 2015     By Wagner Sidlofsky LLP
A woman felt her Mom’s power of attorney was doing such a terrible job that her Mom’s health was at risk. But that’s the middle of the story. Let’s start at the beginning.

Paying Children to Care for Their Parents in Ontario, Canada?

  November 18, 2015     By Wagner Sidlofsky LLP
When children grow up and start families of their own, they remain involved in their parents’ lives to varying degrees. Across Ontario, adult children are faced with choices concerning the care of their elderly parents. Some will elect to live with their parents and provide personal care.

Interpreting a Will: Small Details, Large Consequences in Canada

  November 17, 2015     By Wagner Sidlofsky LLP
Sometimes, people in second marriages who make wills balance two loyalties. On the one hand there are the children of the first marriage. On the other hand there is the new spouse. The road often travelled is to provide the spouse with a life interest in the estate assets. But, what does that mean? For example, who should pay the realty taxes or repairs?

What to Consider When Considering An Estate Planning Attorney?

  November 15, 2015     By The Homer Law Firm,P.C.
The list of reasons supporting the consideration of consulting with an "Estate Planning Attorney" is long and an important consideration by those of us wanting to assure that our assets get divided and passed on to our loved ones and others in a way that reflects your wishes.

Cyprus International Trust

  November 13, 2015     By Andreas Mylonas & Co LLC - AMG Law Firm
A Trust is an arrangement whereby a person known as the ‘Settlor’ transfers ownership of property to another person or persons, the 'Trustees’ for them to hold on behalf of third persons, the ‘Beneficiaries’. The assets are placed under the control of the Trustees for the benefit of the beneficiaries or for a specified purpose.

Testamentary Capacity and Dementia

Increasing life expectancy entails a rising number of dementia-related disorders. As a result, the problem of a lack of testamentary capacity in inheritance cases is becoming more acute.

Wills and Intestate Succession with Today’s Blended Families in Germany

In the absence of a will or contract of inheritance, the rules of intestate succession apply following the death of the testator. This can give rise to problems with today’s blended families.

Real Or Forged Will? – Ruling of the OLG Karlsruhe in Germany

According to the OLG Karlsruhe (Higher Regional Court of Karlsruhe), if the authenticity of a will is disputed, it may be necessary for witnesses to be heard in addition to an expert assessment in order to determine whether the testamentary disposition is in fact authentic.

Trustbuster – The Rule in Saunders v. Vautier

Trusts are often used to control children and grandchildren from the grave. Sometimes the will-maker (“Testator”) holds back the money until the beneficiary reaches a certain age. Other times the money is held back until the beneficiary graduates from college or gets married. Many a beneficiary resent the conditions attached to their inheritance and they wonder – can we “bust the trust”? Well in Ontario Canada, the answer is maybe – if you fall into the Saunders v Vautier1 rule.

Rights of Lineal Relatives After Adoption

  By HG.org
When a person is adopted, the legal relationship between that individual and birth parents and other individuals is altered. In many states, adoption creates new lineage that basically substitutes a person’s natural family for his or her adoptive family. Questions regarding the rights of extended family members to children who were adopted out of the family often arise in the will and estate area of law.

How to make a Will in China?

It is very professional to make a valid will. People usually think it easy to make just by transcribing their intent on papers. But China law stipulates specific formats of a will which must be conformed with, otherwise it will be deemed invalid by probation court. So if you want to make a will related to estate in China, consulting with professional lawyers is strongly recommended.

Joint Accounts – Rebutting the Presumption of a Resulting Trust in Canada

Two people own a bank account in joint tenancy. In the ordinary course, when a joint tenant dies, the surviving joint tenant is entitled to the deceased’s share1. Does this situation change because it is an elderly parent and child? Maybe.

Why Would Probate Be Avoided?

Probate is a legal process that serves a purpose, but it comes with some drawbacks.

Berliner Testament And Supervermächtnis

In cases involving a spousal will or Berliner Testament (Berlin will), the tax allowances of children who are entitled to inherit can potentially be wasted. A so-called “Supervermächtnis” (super legacy) can remedy this.

Cyprus International Trusts Overview

Cyprus International Trusts feature essential regulatory, confidentiality and tax advantages, providing interested settlors and beneficiaries with unparalleled tax planning possibilities and an estate planning solution of impeccable quality.

Inheritance Tax in Cases Involving Bequeathed Properties in Germany

Inherited properties are subject to inheritance tax. This can be a problem if the heirs do not have access to sufficient liquidity. It is possible for tax optimisation measures to be used.

China Inheritance Law, How to Split Shares of Estate Between Successors?

As more and more Chinese emigrate overseas, cross-border inheritance happens more often than usual. But we find that a lot of people ignore their right to estate from theri relatives just because they lack knowledge of inheritance law in China. Sometimes the value of estate reach to the amount of millions. Hereby we introduce basic rules of inheritance in China.

What Are My Obligations as Executor?

  By HG.org
The executor of an estate has many responsibilities. This individual may have been named in the will because the decedent placed particular trust in him or her. Alternatively, the court may have appointed this individual, believing that he or she could fulfill the duties the job entails.

Challenging A Berliner Testament

Revoking a joint will (Berliner Testament) enables it to be rescinded. For this to happen, the spouse needs to have received effective notice of the revocation.

Leaving Your Things to Friends After Your Death

  By HG.org
When considering your final affairs, you may find there are things that you would like to pass to people outside of your immediate family. In fact, maybe you want to leave everything to people outside of your family. Whatever the case, you will need to know how to direct the distribution of your assets in accordance with your wishes.

Germany: Exemption from Inheritance Tax for Heirs to Property

Heirs can obtain an exemption from inheritance tax if they personally make use of an inherited property. According to a ruling of the Bundesfinanzhof (German Federal Fiscal Court), this also applies in the event that there is a delay in occupying the property.

What Advantages Do Living Trusts Provide?

Many people think that trusts are only useful for the wealthy, but this is not the case.

International Succession Law: Testator’s Place Of Residence, Not Nationality, Authoritative

In cases of inheritance involving a foreign element, it is the testator’s habitual residence that determines which country’s succession laws are applicable. This is governed by the new EU regulation (Regulation No. 650/2012) concerning succession law.

Inheritance: Asserting Estate Liabilities in Germany

Estate liabilities can be asserted when making an inheritance tax declaration, but only if the debts had already been incurred by the testator by the time of his death.

What Are My Rights as an Executor and Beneficiary?

  By HG.org
Executors and beneficiaries to a will each have rights and responsibilities as promulgated under state law. Both have important roles in the probate process and mechanisms to ensure that their rights are considered by the court.

Changes Affecting Trust and Estate Practitioners in Argentina

After the massive economic and political crisis in Argentina in 2001; a period with demonstrations- clashes between demonstrators, the police causing several demonstrators death-, civil and social unrest, where Argentina had 5 presidents in a week; there was a president elected by the senate in a context of extreme economic and political emergency. In 2003 elections were called and Mr. Néstor Kirchner was elected president with 22% of the votes. There was a vacuum of power.

Bequests and Relinquishing an Inheritance in Germany

According to the Bundesgerichtshof’s (Federal Court of Justice) ruling of July 7, 2015, a bequest premised on renouncing an inheritance is not necessarily deemed to be a gift (X ZR 59/13).

Creating a Living Will

  By HG.org
Creating a living will can help bring peace of mind for you and your loved ones. It explains in writing what kind of medical care you want and when you want those efforts to cease during an event where you cannot speak for yourself. This can help to prevent disputes among family members, prevent unnecessary legal battles, and preserve your estate for the benefit of your beneficiaries (rather than spending it on your medical treatment).

Inheritance in Germany: Asserting The Compulsory Share

Close relatives who are not accounted for in the testator’s will or contract of inheritance are entitled to a compulsory share. This amounts to half of the statutory share in the estate.

Inherited IRAs & the Taxes Involved

Receiving an inheritance can be a blessing, but there are typically tax obligations involved including the inheritance of an IRA. If you inherit an IRA, you should check with an attorney or financial advisor as soon as possible to find out what your options are.

Inheritance: Deadlines for Contesting a Claim in Germany

The acceptance or rejection of an inheritance represents a declaration of intent, which can then be challenged. Deadlines need to be borne in mind when it comes to declarations of rescission.

Succession to Cyprus Shares

Shares in a Cyprus company are treated as being located for legal purposes in Cyprus. Therefore, when a registered shareholder of a Cyprus company dies, her/his shares cannot be transmitted to her/his heirs until, in the case of a will, a grant of probate or, in the case of no will, grant of letters of administration has been granted from the Cyprus Court (a "Grant").

Inheritance Tax: Sole Heir Must Personally Occupy Inherited Apartment

Following a ruling of the Fiscal Court of Hessen, an heir to a co-ownership share in an apartment is not spared from inheritance tax if he does not personally occupy the apartment.

How to Split Right of Car Plate by Divorce or Inheritance in China

Car plates are very hard to get in China. What is its value in the case of divorce and inheritance?

Contract Of inheritance: Clear Separation Necessary Between Friendship And The Provision Of Care

One’s final will can be mandated in a testamentary will or contract of inheritance. Having said that, the legislature has set limits that need to be observed if the final will is to be implemented as intended.

Four Ways to Protect Heirlooms from a Family Feud

The passing of family heirlooms from one generation to another should be a welcome tradition in most families, but unfortunately, this process can cause long-lasting family rifts if not done properly. There are many stories of families that have split over a silver tea service or a portrait of a long-dead ancestor.

The Rights of the Unborn to Support Under Ontario’s Succession Law Reform Act

Dagg v. Cameron [1] is one of those cases that law school professors use to challenge the way you think.

What Are the Grounds to Contest a Will?

  By HG.org
Because wills provide the final word from a decedent, courts are hesitant to step into the decedent’s shoes and attempt to speculate on his or her intentions. However, heirs may be unhappy with the terms of a will, especially if they are given a small portion of the estate or left out of the will completely. An individual may be able to contest a will if legal cause exists to do so.

Have Technicalities Trumped Substance in Wills and Estates?

Our law values the right of the individual to decide what happens to their money after they die. It protects that right by ensuring that certain rules are followed when a person (the “Testator”) signs a Will. These rules are designed to avoid fraud. But what happens if those rules are not followed, but there is a virtual certainty that the Will in question reflects the wishes of the testator?

Do Children Have the Right to Inherit?

  By HG.org
Whether a child has the right to inherit largely depends on whether the person who died has a valid will or not. With a will, the testator determines how he or she wants probate assets handled. Without a will, state laws of intestacy govern.

Inheritance Law: Rules Of Intestate Succession In The Absence Of A Will

The rules of intestate succession apply in the absence of a will. This can result in the estate being distributed in a way that is different to what the testator actually wanted.

Inheriting and Bequeathing: Organise Estate Clearly and in Good Time

There’s no room for friendship when money’s involved. The same can be said with respect to inheritances. Disputing over the estate can divide families. For this reason, the testator ought to arrange his estate clearly.

Berliner Testament: Unilateral Changes Not Possible

Husbands and wives can reciprocally appoint each other as sole heirs in a so-called “Berliner Testament” (Berlin will). However, married couples must also bear in mind that unilateral changes are not possible at a later date.

Inheritance Laws

  By HG.org
Inheritance laws are determined on the state level. These laws come into effect when the person who died left no will or his or her will is invalidated due to not following legal formalities, being the product of undue influence or duress, the testator lacking the requisite capacity or for other reasons as determined under state law. Additionally, some inheritance laws take effect even if a valid will was left and if the will says something that contradicts state law.

The Disadvantages of a Living Trust

  By HG.org
Many financial service providers spout the advantages of a trust, promising that trusts can be used as an asset protection tool and can help your beneficiaries avoid the cost and expense of probate. However, living trusts also carry certain disadvantages with them, which should be carefully considered and weighed against the advantages.

Don’t Neglect these Issues that Could Deplete Your Estate

Individuals need to take the following often-neglected but important issues into consideration when developing an estate plan or they risk depleting estate assets:

Are Lawyers Who Draft Wills Negligent for Failing to Verify Ownership of Property?

Let’s look at the Alberta case of Meier v. Rose[1] to see how the Honourable Madam Justice J.H. Goss addressed the issue of whether lawyers who draft wills are negligent for failing to verify ownership of property?

Can Unconscionable Behaviour Disentitle a Dependant to Support?

Imagine a woman is so infuriated with her husband for his philandering, gambling and drinking that she disinherits him. Upon her demise, the husband commences an application for support under Part V of the Succession Law Reform Act (the “SLRA”).[1] The husband qualifies as a dependant because he is a spouse and his wife had a legal obligation to support him. What impact, if any, would his past behaviour have on his entitlement to dependant’s support?

How to Execute a Will in Spain

The Spanish legal system establishes three main forms of wills: holographic wills, open wills and closed wills.

What Is the Process of Probate?

  By HG.org
The probate process is the legal process that is undertaken after a person dies. This process helps to identify the individual’s rightful ownership interests, pay off remaining debts and distribute property in accordance with the will or the laws of intestacy. This process involves several stages.

Components of a Good Estate Plan

A thorough estate plan should be designed to avoid probate, save on estate taxes, appoint someone to act for you if you become disabled, and protect assets if you need to move into a nursing home.

Can I Avoid Probate?

  By HG.org
Probate is a process in which a person’s final affairs are wrapped up, debts are paid off and any remaining assets are distributed according to the terms of a will or the laws of intestacy if there is no valid will. During this time, assets are tied up as beneficiaries impatiently await their share. Probate can also be expensive and time-consuming. For these reasons, many individuals try to avoid probate through one or more of the following ways.

What Are the Laws of Intestacy?

  By HG.org
The laws of intestacy are the default rules that are followed to dispose of a person’s probate estate after he or she dies. These laws are based on state statute. In order to avoid these laws, a decedent can make a will or otherwise dispose of the assets before or at death, such as through a living revocable trust or a testamentary trust.

In Canada, Depending on where You Live Parents’ Moral Obligations to Children Entitle Them to an Inheritance

British Columbia yes – Ontario maybe. Based on a case called Tataryn, British Columbia courts will, in many circumstances, ensure that disinherited children receive an inheritance unless there is a valid reason for disinheriting a person, because based on that province’s legislation each child has a moral and legally enforceable claim against the estate.

Digital Assets in Estate Planning

  By HG.org
Many individuals account for their real estate, securities and tangible property as part of their estate plan. However, much of people’s lives are now online, potentially leaving a person’s digital assets unclaimed or even susceptible to theft. A comprehensive estate plan should address the handling of digital assets.

Holographic Wills: Pros and Cons

  By HG.org
Having a will helps prevent a testator’s estate from passing through the laws of intestacy. However, if the will is not executed properly, these rules can apply if the will is considered invalid or does not completely dispose of all property under the will.

Contract of Inheritance and its Consequences

One’s final will need not necessarily be drawn up in a testament. A contract of inheritance is also a possibility. That being said, it is difficult to subsequently alter a contract of inheritance.

Inheritance Tax: Asserting Estate Liabilities in Germany

Those who inherit generally have to pay inheritance tax. Estate liabilities can be asserted in the context of inheritance tax. Whether something is considered to be an estate liability may be debatable.

Does My Will Have to Be Witnessed?

  By HG.org
Wills allow individuals to avoid the state’s rules about who gets what portion of a decedent’s estate. They also allow individuals to name their executors, name a guardian for their children and bequeath specific items to certain individuals. However, if a will is not properly executed, the will can be invalidated and the rules of intestacy (dying without a will) can apply.

What is a Statement of Succession

A statement of Succession “Dichiarazione di Successione” is required whether the deceased is intestate or has, through an Italian Will, determined testamentary succession, within one year of death.

How Do Inheritance Rights Vary Between Legitimate and Illegitimate Children?

  By HG.org
Once, expectant parents were quite concerned about marrying before a child was born in order to protect that child's claims to legitimacy. There was a time when legitimacy was a very important legal consideration, particularly when it came to inheritance rights. Today, the role of legitimacy in a child's birth rights is very different than it once was.

Reform of German Inheritance Tax – Sort Out Company Succession at an Early Stage

Inheritance tax must be reformed by mid-2016. That was a ruling of the German Federal Constitutional Court (Bundesverfassungsgericht) at the end of 2014 based on the view that company heirs presently enjoy excessive favourable treatment.

Contributing to Your Grandchildren's Future

When estate planning, gifting assets to your grandchildren can do more than help your descendants get a good start in life; it can also reduce the size of your estate and the tax that will be due upon your death.

Can Domestic Contracts Prevent Dependant's Relief Claims?

There is interplay between sections of the Family Law Act (“FLA”), and those of the Succession Law Reform Act (“SLRA”), in particular as it relates to the definition of “dependant”. That interplay may affect the second prong of the two prong test to determine who, in fact, is a dependant for the purposes of bringing a dependant’s support claim.

Inheritance Tax in Spain Discriminatory – Possible to Reclaim Inheritance Tax

The European Court of Justice (ECJ) has found that Spanish inheritance and gift law unlawfully discriminates against foreigners who are living in Spain on a non-permanent basis.

What is the Legal Relevance of Power of Attorney?

Although you may be familiar with the words “Power of Attorney” you may not have a full understanding of the concept. In order to shed some more light on the subject, some basic facts about Power of Attorney are explained in this article

Who Will Have Custody of Your Children in Ontario, Canada

Is it up to you who will have custody of your children after your death? Not necessarily.

The Duties of a Trustee: How to Choose, How to Prepare

It is not unusual for a family member to be named as trustee for a trust that benefits a number of other family members. However, just because you are related to someone does not necessarily make him or her a good trustee.

Setting up Your Wills and Trusts with an Estate Attorney

If you or someone you love is planning their estate, it can be a difficult and complicated process trying to wade through all the legal rules and regulations that pertain to writing your will and related documents. Setting up wills and trusts can be especially difficult because the task is often mixed in with a variety of issues such as ill health, complicated family histories, and other emotional dilemmas, which are commonly faced toward the end of a lifetime.

The Cyprus International Trust

The Cyprus International Trust is a powerful asset protection tool because it effectively removes the assets from a less favorable jurisdiction, and places the ownership of the assets in the Trust.

6 Circumstances where a Trust Will Serve You Better than a Will

A will is the cornerstone of a complete Florida estate plan, and may be useful for anyone with assets that they wish to pass along to others, as well as parents of minor children who will need a will to name guardians for their children.

What Are the Requirements of a Valid Will?

  By HG.org
In order for a will to be valid, it must comply with certain legal formalities. There are dire consequences of a will not following these formalities, including the decedent’s estate being distributed according to the rules of intestacy and the will being completely ignored. While the legal requirements vary by state, here are some guidelines that many states have regarding the creation of a valid will.

Is Medicaid Planning Necessary?

What American doesn’t fear that they may end up in a nursing home when they become older? This not only means a great loss of personal independence, but also a tremendous financial price tag $$. Depending on location of the facility, and level of care, nursing homes cost between $40,000 and $180,000 a year; a large investment by any means.

How Do Inheritance Laws Work?

  By HG.org
Someone has passed away and that person's friends, family, and loved ones are left to sort out what to do with the things that are left behind. This can include both assets and liabilities. Whether a will was left or not, it is often important to understand how inheritance laws work in order to avoid disputes and keep anyone from being left with nothing but debt.

What is the Difference Between a Will-based Plan and a Trust-based Plan?

Explaining the differences between a Will-based plan and a Trust-based plan so you can make an educated decision for your family about what is best for you and, ultimately, for them.

Inherited IRAs and Creditor Protection

Your IRA is protected from creditors if you have to file bankruptcy, but what happens to that IRA if you die and leave it to a child? Many assumed that the inherited IRA retained that creditor protection in a child’s bankruptcy. The United States Supreme Court ruled otherwise in Clark v. Rameker, 134 S. Ct. 2242 (2014).


Contact a Lawyer

Find a Local Lawyer