Estate Planning Law Articles

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



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Inheritance Rights of a Foreigner in Turkey

  April 14, 2014     By Barlas Uyar Eraslan Law Firm
A foreigner is the individual who is not the citizen of the country s/he has been living in. A foreigner may both be an individual or a legal entity. In this regard, the law to be applied to foreigners is the law for the foreigners and the International Private and Procedural Law (“PPL”). The said law designates the testamentary dispositions of the testator and determines to which such dispositions are subject to.

Employment Law in Israel

  February 17, 2014     By Livnat, Mayer & Co.
Significant Issues in Employment Law in Israel

If I Have Only a Small Estate, Do I Need More Than a Will to Meet My Estate Planning Needs?

  January 29, 2014     By Larsen Larsen Nash & Larsen, Attorneys at Law
The overall purpose of estate planning involves more than just passing your assets to your heirs at death.

Inheritance for Foreigners in Ukraine

  January 20, 2014     By Kydalov & Partners
Every year, the borders between cities, countries and even continents cease to be a major obstacle for people who crave actively moving to new places. Everyone has their own reasons. Somebody looks for high salary or hurries to build successful career, somebody wants to get new knowledge, while others seek a new life in search of their love hoping to have their own happy family here.

New Jersey Clamping Down on Tax Evasion Amongst Small Business Owners

  January 17, 2014     By DeBlis & DeBlis
The Internal Revenue Service takes great pleasure in auditing individuals who own their own small businesses. Why target these “moms and pops?” For the simple reason that they often deal in cash and keep two sets of books. Add in possible sales tax violations and before you know it auditors from the state revenue department have joined in the action.

Rescued From the Brink of Insanity: Practical Advice for Making the Decision to Opt Out of the OVDI - Part II

  January 16, 2014     By DeBlis & DeBlis
Hypotheticals demonstrating when opting out is detrimental to the taxpayer.

Rescued From the Brink of Insanity: Practical Advice for Making the Decision to Opt Out of the OVDI - Part I

  January 16, 2014     By DeBlis & DeBlis
Opting Out: The solution for the non-willful OVDI taxpayer? Hypotheticals demonstrating when opting out is in the best interests of the taxpayer.

The Advantages of Making an Italian Will Under Italian Inheritance Rules

  December 27, 2013     By Giambrone Law
It is generally recommended that foreign citizens owning assets in Italy draft an Italian will. This will prevent significant difficulties that heirs might experience when transferring the ownership of Italian properties or other movable assets such as funds held in postal bonds or bank accounts in Italy originally registered in the name of the testator.

Don't Gamble With Gift Tax Returns

  December 23, 2013     By DeBlis & DeBlis
Beginning in 2011, the IRS started cracking down on taxpayers who did not file gift tax returns after making gifts that required reporting.

Think You Got Game? Try Being like Santa. How Imitating Santa Can Help You Save Taxes This Year

  December 23, 2013     By DeBlis & DeBlis
Paying tax is painful. But reading about it shouldn't be.

Immediate Tax Deducts for Accrued Property Transfer Taxes – Germany

  December 23, 2013     By GRP Rainer LLP
Whether real estate is being acquired entirely new in the context of property acquisition or if it was already in the partnership’s possession is an important fact.

An Arrow Diagram Is Not Considered to Be a Handwritten Will – Germany

  December 12, 2013     By GRP Rainer LLP
An arrow diagram does not constitute the formation of a legally effective, handwritten will.

New Jersey Estate & Inheritance Tax: Reducing the Size of the Estate Through Gifting

  December 11, 2013     By DeBlis & DeBlis
New Jersey is one of only a few states that impose both an inheritance tax and a state estate tax. The inheritance tax applies when someone who lived in New Jersey, or owned property there, leaves property to someone who isn’t a close relative. The tax rate depends on how closely the inheritors and deceased person were related.

New Jersey Estate Tax: The Uninvited Guest

  December 11, 2013     By DeBlis & DeBlis
New Jersey collects both an inheritance tax and its own estate tax, separate from the federal estate tax.

Common Law Marriage and Legal Protection in Texas

  December 4, 2013     By Kalish Law Texas
Persons who are married have certain legal rights and protections that they don't even think about. However, there are other couples who have long-term, committed relationships who have things a bit more difficult. This article will show the issues that should be considered by persons who are involved in a non-ceremonial marriage in Texas, and how to prevent a problem.

Interpreting the Appointment of an Heir in the Joint Will of Spouses – Germany

  December 2, 2013     By GRP Rainer LLP
A will made by spouses who appointed “our children” as heirs is held to include the appointment of a child from the first marriage of one of the testators as a final heir.

Cut Out of the Will, What Can I Do?

  November 18, 2013     By HG.org
Losing someone you were close to is always difficult. But, it can be all the worse when you find that the lost loved one may have cut you out of their will, either intentionally, accidentally, or as a result of someone exerting undue influence over the person before their death. So what can you do it you get cut out of a will?

The Migration of Non Resident Trusts to Italy

  October 30, 2013     By Giambrone Law
Trusts are still alien to the Italian legal system as they are essentially based on concepts in contrast with the Italian general principles on ownership. As the Italian legal system does not have a definition of trust, the Hague Convention has provided one, together with rules to be applied by Italian judges in the presence of conflicts in case of assets in trust located in Italy.

Top 5 Things to Consider Adding to an Estate Plan

  October 17, 2013     By HG.org
For most, estate planning is not an enjoyable experience. For many it is a recognition of their own mortality. For others, it is simply an exercise in annoyance and frustration as one tries to navigate the complicated twists and turns of tax laws, healthcare regulations, trust laws, etc. To make things simpler, the following is a list of the top 5 things you should consider adding to your estate plan.

Inheritance of Property in the Dominican Republic

  October 9, 2013     By Arthur & Castillo
Under Dominican Law, there are two very important aspects which have an impact on the inheritance of assets of a deceased individual: the time and domicile of the deceased.

What is the Statute of Frauds?

  October 6, 2013     By HG.org
When dealing with a contract dispute, particularly in the case of an oral contract, one may hear the term “statute of frauds” used. This does not refer to the commission of an actual fraud, but rather, whether the contract had to be in writing or not. So what is the statute of frauds and when does it apply?

Correction of the Land Register Possible without Certificate of Inheritance – Germany

  October 1, 2013     By GRP Rainer LLP
Where there is a public testamentary deed, the land registry office can correct the land register even in the absence of a certificate of inheritance.

Substitute Heir in Will Not Reversionary Heir – Germany

  September 27, 2013     By GRP Rainer LLP
An arrangement in a will, according to which a substitute heir is designated in the event that an heir dies childless, cannot be interpreted as provisional succession and reversionary inheritance.

Impact of foreign and Domestic Inheritance Tax on Capital Assets – Germany

  September 24, 2013     By GRP Rainer LLP
Under certain circumstances, inheritance tax charged in another country cannot be deducted or considered as a liability against the capital assets of a German testator.

According to the BFH, Foreign Inheritance Tax May Not Creditable – Germany

  September 20, 2013     By GRP Rainer LLP
If inheritance tax paid in a foreign country is not meant to be deductible in Germany, it is disregarded when the German inheritance tax is calculated.

Trust Fund Baby? Navigating the Inheritance Talk with Your Children

  September 18, 2013     By DunlapWeaver, PLLC
A concern of many parents with a sizeable estate is that their children will inherit the assets before they are emotionally mature to handle it. Further, many parents of sizeable wealth either do not want to give their children a sense of entitlement or simply do not want to discuss their wealth with their children.

Fiscal Cliff Crisis Avoided? Estate Taxes in 2013

  September 18, 2013     By DunlapWeaver, PLLC
In 2012, with the dreaded “Fiscal Cliff” looming, many were worried about the inaction that would cause the estate tax exemption level to fall to $1 million. However, in the first two days of the new year, Congress finally passed the American Taxpayer Relief Act of 2012 (ATRA) which makes permanent the $5 million exemption as well as portability.

Action Required: Portability

  September 18, 2013     By DunlapWeaver, PLLC
The American Taxpayer Relief Act of 2012 (ATRA) extended and made permanent (i.e., until Congress changes its mind) a number of key estate tax provisions. This includes a $5 million ($5.25 including inflation) estate tax exemption and portability of a deceased spouse’s exemption to the surviving spouse. The result of this means that married couples can shelter up to $10.5 million of their estate from federal taxes.

Families Behind Revlon and Hudson Media Fight Bitter Legal Battle Over Enormous Inheritance

  September 17, 2013     By HG.org
Samantha Perelman is a 23-year-old student at Columbia University, working on a masters of business administration and as a summer production assistant on the set of the HBO show “Girls.” Impressive credentials, to be sure, but more impressive is the legal battle in which she finds herself: she is fighting with her uncle for a share in an estimated $700 million inheritance.

Planning for the Future: Using Estate Documents to Protect Minor Children

  September 17, 2013     By DunlapWeaver, PLLC
For many families, the birth of a child is the first life event that triggers the realization that estate planning is necessary. What most families may not realize, however, is the breadth of protection that can be afforded to their children with relatively simple estate planning. Not only can they assure that their assets will be protected for their children, they can also designate exactly how those assets will be distributed to their children.

Non-Residents and Estate Tax

  September 17, 2013     By DunlapWeaver, PLLC
A Resident Non-Citizen is generally taxed for estate tax purpose as a US Citizen, except for marital deduction issues.

Federal Fiscal Court: Foreign Inheritance Tax May Not Be Deductible – Germany

  September 12, 2013     By GRP Rainer LLP
If inheritance tax paid in a foreign country is not meant to be deductible in Germany, it is disregarded when the German inheritance tax is calculated.

What Happens to Property if There is No Will?

  September 9, 2013     By HG.org
If you have lost a loved one, there are many things on your mind, not the least of which may be what to do with the belongings that have been left behind. Sadly, family can become very attached to different items that may bear a sentimental value to them, or feel entitled to a portion of the estate's value. These problems can be greatly magnified in situations where there is no will.

Sole Heir May Need Certificate of Inheritance in Spite of a Power of Attorney – Germany

  September 3, 2013     By GRP Rainer LLP
It may be necessary to obtain a certificate of inheritance even though a sole heir has a power of attorney with postmortal effect.

German Inheritance Tax

  August 21, 2013     By WF Frank & Partner LLP
This article provides a brief introduction to the German inheritance tax.

Terminal Stage of Deadly Disease Does Not Justify a Testator’s Inability to Make a Will

  August 21, 2013     By GRP Rainer LLP
A will that a critically ill person draws up in a terminal stage is not as a matter of principle invalid. The testator’s inability to make a will can only be assumed if concrete evidence exists.

Why Is It Important to Have a Will?

  August 20, 2013     By HG.org
It is important that each person have a will that directs their family members and loved ones on how they want their final wishes to be carried out (i.e., burial, cremation, etc.), as well as how they want their estate to be divided after their death.

Preliminary Heir Can Freely Dispose of Estate by Means of Provisions in Will - Germany

  August 2, 2013     By GRP Rainer LLP
A preliminary heir can become a full heir if the revisionary heirs demand their legal share and the testator has accounted for this instance in his will.

Notarial Certification Not Required to Declare Rescission of a Contract of Inheritance - Germany

  July 31, 2013     By GRP Rainer LLP
A testator’s instruction to the notary to communicate the rescission of a contract of inheritance to the probate court does not require separate notarial certification.

An Arrow Diagram Is Not Considered to Be A Handwritten Will - Germany

  July 5, 2013     By GRP Rainer LLP
An arrow diagram does not constitute the formation of a legally effective, handwritten will.

International Probate Law: Which Law Apply German Courts in Case of the Death of a German Citizen?

  July 3, 2013     By WF Frank & Partner LLP
If a person domiciled in the U.S. dies leaving assets in Germany, the question arises which law German Courts apply with respect to succession. The article outlines the Basic principles of German Private International Law/Conflicts of Law.

The German Forced Share

  July 3, 2013     By WF Frank & Partner LLP
If German law applies, some privileged persons may claim the forced share (“Pflichteil”). The article outlines the basic principles of the German forced share.

German Certificate of Inheritance and German Certificate of Executorship

  June 22, 2013     By WF Frank & Partner LLP
Generally, German banks, land registries and other institutions do not recognize U.S. probate orders including U.S. Letters of Administration. Instead, German institutions typically require a German Certificate of Inheritance (Erbschein) or a German certificate of Executorship. The article outlines how to obtain a German Certificate of Inheritance or a German Certificate of Executorship.

The Administration of a U.S. Domiciled Decedent’s German Assets

  June 22, 2013     By WF Frank & Partner LLP
As globalization flattens the world, practitioners and individuals are increasingly confronted with estates that include assets in multiple jurisdictions. The situs of such assets can lead to the application of differing and, at times, conflicting legal domestic and international legal systems. This article examines the hypothetical example of an U.S. domiciled decedent who dies leaving assets in Germany.

The Equitable Distribution of a Gain in Assets in Divorce Proceedings - Germany

  June 18, 2013     By GRP Rainer LLP
If the spouses have not signed a prenuptial agreement, they are considered to be living in a matrimonial property regime of joint ownership of accumulated assets as determined by statute.

Making of Enduring Power of Attorney

  June 5, 2013     By Angela Wang & Co.
Most people will make a will to make arrangements in the event of death. However, medical advancements are making it more possible to stay alive whilst the patient may be mentally incapacitated and cannot manage his own affairs.

Expiry Of A Post-Death Power Of Attorney In The Case Of A Sole Heir

  April 26, 2013     By GRP Rainer LLP
If a post-death power of attorney is granted by a testator, this is likely to expire, if the authorised person is the sole heir.

Estate Planning with an Existing Disability

  April 17, 2013     By Law Office of Douglas A. Oberdorfer, P.A.
Experts frequently advise adults to create an estate plan early on in order to have their life and financial plans arranged in the event that they become disabled. But they do not often recognize the obstacles of those who are already suffering from a disability.

Accrued Property Transfer Tax May Apparently Still Be Immediately Tax Deductible - Germany

  April 11, 2013     By GRP Rainer LLP
Up to now, it was not clear from a tax law perspective whether accrued property transfer tax constitutes incidental acquisition costs or an expense that is immediately tax deductible when there is a change to the composition of partners.

Estate Planning for the Elderly

  April 10, 2013     By Law Office of Douglas A. Oberdorfer, P.A.
Estate planning is a complex process that requires strict attention to detail.

Business Succession: Examination of Any Claims to Supplement Compulsory Portions is Advisable - Germany

  April 5, 2013     By GRP Rainer LLP
Some problems can stand in the way of succession planning of a business, all the more if persons entitled to a compulsory portion are disadvantaged in the process of succession.

Co-Heir Entitled to a Compulsory Portion Has Right to Inspect Land Register - Germany

  April 4, 2013     By GRP Rainer LLP
A co-heir entitled to a compulsory portion can have a right to inspect the land register due to the possible transfer of properties before the death of the testator.

Estate Planning Wills & Trust Probate It Is Written

Ever since the age of the Babylonian Empire when the first substantial collection of laws were written on tablets of stone, the declaration “It Is Written” has been used to indicate that what was is indeed written is not to be questioned or contested, and is therefore the final word regarding the matter. All directives, instructions, authority, and laws are based upon written documents.

Estate Planning for the Modern Family

  March 20, 2013     By Law Office of Douglas A. Oberdorfer, P.A.
In a time when the traditional nuclear family has shifted to a more complex structure with multiple marriages, step-children, half-children, common law marriages and cohabitation, and same-sex couples, keeping an estate plan up to date with life's constant changes can be a challenge.

Claims to Supplement a Compulsory Portion in Business Succession - Germany

  March 7, 2013     By GRP Rainer LLP
If succession planning for a business is pending then a few problems could be in store, specifically if the beneficiaries of a compulsory portion are disadvantaged in business succession.

Who Can Start a Private Foundation?

  March 4, 2013     By Anderson, Dorn & Rader, Ltd.
When you are evaluating your financial position as you plan your estate you may well find that you have the means to set aside resources for the benefit of charitable organizations.

Possible to Verify the Right to Inherit Vis-à-vis a Bank Even without Certificate of Inheritance - Germany

  March 1, 2013     By GRP Rainer LLP
The right of the heir to inherit, who is heir to a deceased client of a bank, does not necessarily have to be verified by a certificate of inheritance according to German law.

CPA Real Estate Loss

  February 26, 2013     By Diane A. Nygaard, PA
There are laws in place to protect investors from unscrupulous brokers at companies looking to take their money and make high commissions with little promise of return; those laws work very well, for the most part, to protect investors from securities fraud or investment fraud. Be that as it may, because of a changing landscape, unscrupulous investment brokers and companies may still sell risky investments to investors with the promise that they are "safe" and "low risk."

Heir Is Likely To Be Liable For Claims Arising From A Tenancy Of The Testator Only To A Limit

  February 26, 2013     By GRP Rainer LLP
If claims arising from a tenancy still exist against the testator after the devolution of the inheritance, then the heir is potentially only liable insofar as these can be covered by the estate.

Inheritance and Gift Tax Act (ErbStG) Possibly Unconstitutional - Germany

  February 22, 2013     By GRP Rainer LLP
The new Inheritance and Gift Tax Act that came into force on 1 January 2009 with the reform to inheritance tax is to be re-examined with respect to its constitutionality.

Disinherited Final Heir Can Cause Problems - Germany

  February 18, 2013     By GRP Rainer LLP
Married couples should be careful when drafting their will with regard to any possibly remaining final heirs.

Amendment of a Will - Germany

  February 14, 2013     By GRP Rainer LLP
Supplements to the copy of an original will require signing in order to be effective. If the signature of the testator below the supplements is missing, then no validly concluded testamentary disposition exists.

Validity Of Copied Last Wills And Testaments Confirmed By OLG Naumburg - Germany

  January 29, 2013     By GRP Rainer LLP
Generally, the capacity of an heir may be proven by the original document. But now it shall be possible in certain cases to use a photocopy of the will as proof.

Protecting Your Assets through Trust Formation - Cyprus

  January 22, 2013     By Michael Chambers & Co. LLC
High-net-worth individuals with valuable possessions around the globe need effective asset protection tools to manage and safeguard their wealth, as a respond to the differing legislations and tax regulations of the various jurisdictions.

Protective Clauses Regarding Compulsory Parts in Law of Succession - Germany

  January 21, 2013     By GRP Rainer LLP
A protective clause concerning compulsory parts must be interpreted as sufficient so that a corresponding earnest request of the compulsory portion against the heirs automatically triggers the protected right.

Inheritance Tax Trap

  December 28, 2012     By Purely Probate
Why it is Essential to include comprehensive information when you fill in Inheritance Tax forms IHT 400 and IHT 421

Italian Inheritance Rights Depending on Your Marital Status

  December 18, 2012     By De Tullio Law Firm
It is always a difficult topic to address when one talks about the death of a spouse: this article aims to clarify some of the issues people living in Italy may have if they find themselves in the situation of inheriting property or assets under the Italian Legal system.

How to Ensure That Your Wishes Are Followed When You Die

  December 14, 2012     By John Rogers Burk, A Law Corporation
For some people, the details of their burial and funeral are unimportant. For others, however, a funeral service and burial is their final good-bye and represents how the world will remember them.

Do-It-Yourself Estate Planning Should be Avoided for 3 Reasons

  December 14, 2012     By Deborah Sexton Law Office, PA
Don’t fall victim to the concept of do-it-yourself (DIY) estate planning. Sure, the idea of saving money that would be spent having an attorney draft your estate plan is alluring, but is it worth it?

Keep or Toss? A Guide for Retaining Financial Records

  December 12, 2012     By Minko Law Office
Are you worried about an Internal Revenue Service (IRS) tax audit? Does that worry make you keep records too long and clutter your living quarters? If a mountain of financially related documents is threatening to overwhelm your space and your sanity, it is time to de-stress.

Understanding the Probate Notice to File a Claim

  December 7, 2012     By Deborah Sexton Law Office, PA
The reality of the world of estate planning is that it is filled with legal terms of art; in fact, of all the legal fields, this one seems to clutch its traditions tighter than most.

Vehicles of Asset Transfer: Choose the Optimal Solutions

  December 7, 2012     By Frank & Kraft, Attorneys at Law
You have options when you are arranging for the transfer of assets to your loved ones. In this instance we are not talking about the choice of a single vehicle of transfer.

Retirement Planning for Military Service Veterans

  December 6, 2012     By The O'Brien Law Firm LLC
When you speak with any retirement planning attorney he or she is going to advise you to do everything possible to facilitate a retirement income stream to supplement your Social Security benefit.

Brace Yourself for Future Nursing Home Expenses

  December 6, 2012     By Armstrong, Fisch & Tutoli, Attorneys at Law
Elder law attorneys often see rather shocked looks cross the faces of their clients when they start to explain the extent of nursing home costs.

Bequeather’s Tax Obligations On The Year Of Death In Their Quality As Deductible Bequest Liabilities

  December 5, 2012     By GRP Rainer LLP
In its Judgment of the 04.07.2012, the German Federal Finance Court (BFH) determined that the final income taxes to be paid by the legatee, in his quality as universal successor, on behalf of the legator on the year of the latter’s death, is a liability deductible of the legacy according to § 10 section 5 Nr. 1 of the German Inheritance Tax Law.

Bequeather’s Tax Obligations On The Year Of Death In Their Quality As Deductible Bequest Liabilities

  December 5, 2012     By GRP Rainer LLP
In its Judgment of the 04.07.2012, the German Federal Finance Court (BFH) determined that the final income taxes to be paid by the legatee, in his quality as universal successor, on behalf of the legator on the year of the latter’s death, is a liability deductible of the legacy according to § 10 section 5 Nr. 1 of the German Inheritance Tax Law.

Deceased Family Members, Debts, and Creditors: 3 Common Questions

  December 5, 2012     By Deborah Sexton Law Office, PA
Question 1: What happens to a deceased person’s debts? There are several possibilities. Once a person dies someone will have to manage the property left behind.

Give Yourself an Easier Time of Making a Will

  December 5, 2012     By Deborah Sexton Law Office, PA
Beginning the estate planning process can be a task that seems overwhelming. If you’re having trouble getting started, one of the easiest ways to begin is to collect some simple information you will need to write a will.

A Look at Postmortem Planning

  December 5, 2012     By Law Office of Roy W. Litherland
Executing estate planning documents that express your wishes in writing is indeed important when you are making preparations for the inevitable. However, this is only part of the process.

Probate: Smooth Sailing in The Garden State ?

  December 4, 2012     By The Bonfrisco Law Firm, LLC
In the state of New Jersey the probate process has been streamlined to facilitate a smooth and efficient transfer of assets to the heirs of people who pass away.

More Money for Attorneys

  December 3, 2012     By Law Offices of Richard B. Schneider, LLC
We have warned you many times about using online legal document providers for your estate planning needs and here's more information as to why.

The Mistake of Creating a Will on Your Death Bed

  December 3, 2012     By Law Offices of Richard B. Schneider, LLC
There are many mistakes that you can make in estate planning. Planning your estate is not a simple or easy thing to do.

Who Will Be In Charge if You Are in Bad Health?

  December 3, 2012     By Law Offices of Richard B. Schneider, LLC
If you have ever watched a parent, grandparent or other loved one struggle through health problems you know how difficult it can be. Is there more you can do?

Capacity in the Estate Context -Ontario Canada

  November 30, 2012     By Wagner Sidlofsky LLP
In Canada capacity is often the key issue in challenges to testamentary documents, powers of attorney, the ability to manage property and/or personal care, gifts & even marriage. In Ontario, the test differs in accordance with the complexity of the document or the specific act under review. The author spoke recently at a continuing legal education programs sponsored by the Law Society of Upper Canada and provided an overview of the topic. This article is related to that presentation.

EC Refers Germany to the Court of Justice for Discriminatory Inheritance Tax Provisions

  November 30, 2012     By WF Frank & Partner LLP
The European Commission (EC) has decided to refer Germany to the EU's Court of Justice because of its legislation on inheritance and gift tax allowances.

Obama Care’s Impact on Permanent Residents and Expatriates

  November 30, 2012     By WF Frank & Partner LLP
The re-election of President Obama ensures that the Affordable Care Act (“ACC”) will be implemented. The ACC imposes obligations that most individuals maintain health care coverage. Individuals who fail to comply with the law are subjected to penalties in the form of excise taxes. For permanent residents who may maintain coverage provided by a foreign company or government and for expatriates living abroad, the individual mandate creates a number of potential issues and concerns.

Basics of Asset Protection

  November 26, 2012     By Pyke & Associates, P.C.
Asset protection is the safeguarding of your physical and financial property against creditor judgments, negligence lawsuits, and divorcing spouses

How to Avoid the Gift Tax

  November 24, 2012     By Pyke & Associates, P.C.
Did you know that gifting assets can reduce your estate taxes? You must, however, abide by gift tax laws, or you could owe tax for gifted items.

Irrevocable Trusts Benefit Long-Term Care Needs

  November 18, 2012     By Minko Law Office
Individual long-term care needs continue to exist, regardless of the state of the nation’s economy, politics, or changes in the law.

Estate Planning And Spouses: Is A Joint Will A Good Idea?

  November 18, 2012     By Minko Law Office
The option for creating a joint Will exists in some jurisdictions, and this is why the topic is still discussed in many law school courses

Estate Planning: Where To Keep Your Documents When They Are Completed

  November 16, 2012     By Evan Guthrie Law Firm
As important as it is to make your estate planning documents such as a will or living trust and pour over will, durable powers of attorney, and healthcare powers of attorney is where to keep those documents. Finding a safe secure place to keep your estate planning documents is very important for the fact that those documents are no good if they are destroyed, lost, or missing.

Estate Planning: Should You Name Two Or More As Your Executor Or Personal Representative In Your Will

  November 15, 2012     By Evan Guthrie Law Firm
When you make your will an important part of the will and an important decision you will have to make is who you want to be your personal representative or executor. Personal representative and executor can be used interchangeably and the title will differ based on what state you are located in when probate is started.

Is a Reverse Mortgage Right for You?

  November 14, 2012     By John Rogers Burk, A Law Corporation
Unfortunately, many elderly Americans are living off of a shoe string budget. Social Security payments do not cover the cost of living for most seniors.

At The End Of The Year, Bequest Promises Eexpire By Means Of Constraints Over The Inheritance Reform

  November 14, 2012     By GRP Rainer LLP
Inheritance claims may end at the close of the year, as a result of legislation alternation in obedience with the inheritance reform. The inheritance reform from 2010 has changed the limitation rules and could show its effects for the first time this year.

Hemsley Case Underscores Value of Probate Avoidance

  November 14, 2012     By Parman and Easterday
When you hear or read about the term "probate avoidance" you may wonder exactly what probate is and why anybody would want to avoid it.

Transferring Assets? The Tax Man Looms

  November 14, 2012     By Parman and Easterday
The gift tax exists because of the fact that people logically transfer assets to their future heirs while they are still alive in order to avoid the estate tax at their death

Americans Require a Will While Living Abroad. Case of Thailand

  November 14, 2012     By Cathy Tran Reck & Associates Ltd.
Advancement of modern technology allow people to migrate effortlessly across borders in increasing numbers in this century. People live and work outside their home country, and some adapt to their adopted homes by having their families abroad. Expatriates have a unique myriad of concerns about their assets in their adopted country in the event of death. The inevitable question is: Do I need a will while I am living abroad?

Updating Your Estate Plan: Is It Better To Change Your Will Or Make A Brand New Will?

  November 13, 2012     By Evan Guthrie Law Firm
There may come a time when circumstances in your life have changed and you need to update your will. These circumstances can include a new marriage, a new child, a divorce, or having a new financial status such as winning the lottery and becoming a millionaire.

Date of Death Values—How to Determine What a Decedent’s Assets Are Worth

  November 13, 2012     By Law Offices of Barton P. Levine
When a person dies, his or her estate must pass through the legal process known as probate. During probate, assets of the estate are inventoried.

FAQ about the Types of Power of Attorney

  November 13, 2012     By German Law Group
The phrase “power of attorney” is used with great frequency in the field of estate planning.