Estate Planning Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Estate Planning.

How to Choose Which Trust is Right for Your Estate

If you are one of the millions of people planning to utilize a trust in your estate plan, then you are likely trying to decide which type of...
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Passing on a Family Business

As the name implies, a family owned business is a business that remains in the family under ideal circumstances. If you are the owner of a...

Battle of the Wills - What Happens When More than One Last Will and Testament Turns Up

Huguette Clark, a New York heiress with an estate valued at more than $400 million, died last year just shy of her 105th birthday. A Last Will...

Waiting on an Inheritance that May Never Arrive

Surprisingly, many Americans are still counting on a family inheritance to support them during their golden years. This may be a seriously...

A GST Can Reduce Heavy Estate Tax Erosion

When you are a child you are taught to understand right from wrong. Because so much effort is put into making this point to you, unfairness can...

Estate Planning: Why Limit Yourself?

Some people recommend payable on death or transfer on death accounts as a way to transfer assets to your loved ones after you pass away. You can...

How to Know It's Time for an Estate Plan Tune-Up

Anyone with an estate plan should congratulate themselves that they've taken the required steps to adequately prepare for the future. However,...

Your Final Rest – A Decision with New Options

Though it may not be the most pleasant topic to bring up in casual conversation, we all will face the eventuality of a final resting place. In...

Don't Leave Your Spouse's Probate to Your Children

No one wants to go through the probate process after a spouse dies, but there is an important reason that you shouldn't delay it. If you do not...

What is a Pour Over Will?

Attorneys use many different terms in estate planning and they sometimes use terms without thoroughly explaining what everything means. For...

Gina Reinhart – The Richest Australian Decides To Disinherit

You may have recently heard the news out of Australia about the nation's richest woman, Gina Reinhart and her legal fight with her children over...

Retiree Wisdom – Advice for Doing it Differently

A recent article discussed retirees and some common regrets they share. Though their answers are often not surprising they can be helpful if you...

Acquiring Property in Greece - Buying Property in Greece

If you are planning to acquire real estate in Greece you have to set a perfect plan in order to put everything in the right place and to avoid...

Attorneys do not Suggest Probate Options for Their Own Benefit

Many people have an estate planning goal that includes avoiding Probate at all costs. Unfortunately, for many people, this includes avoiding the...

Money Pitfalls That Can Damage Your Retirement and Estate

Estate planning focuses on what you're going to leave behind after you die. If you're retired, how you spend your money now will significantly...

Financial Abuse: Elders Must Be On Guard

It is good to go through life staying positive, but at the same time you have to be aware of certain dangers that exist and take precautions to...

The Pros and Cons of Probate

Probate can have a significant effect on how your estate is handled after your death. It can mean the difference between a smooth transition and...

How to Decide Between a Simple Will and a Living Trust

Distinct differences between a simple Will and a Living Trust will dictate which option is best for your estate planning situation.

Fiduciaries 101

Whether you realize it or not, you’re surrounded by fiduciaries. Your banker, your real estate agent, accountants, brokers… the list just goes...

Questions to Ask Your Estate Planning Attorney

Choosing an estate planning attorney isn’t as simple as picking one out of the phone book. There are a number of questions you should be asking...

Why Do You Need an Advance Healthcare Directive?

No one likes to think about what would happen to them if they were injured or became ill and could no longer make medical decisions for...

Estate Tax Changes Passed for 2011

As we watch the countdown on New Year's Eve it is a heady time indeed. Another year beckons, full of change and pregnant with possibility....

Financial Abuse of the Elderly

It is useful to recognize the fact that estate planning is just one aspect of elder law, and as elder law attorneys it is our job to stay...

GRATs with Appreciating Assets

There are two primary advantages to utilizing gift giving as a part of your inheritance planning strategy. For one thing you get to enjoy the...

Senior Citizen Financial Abuse

Senior citizens and elders are increasingly victims of scams. Abuses by attorneys in fact are among the worst. Elder Financial Abuse: Power of...

Minnesota Probate Law, What is Probate?

Many people are confused by the term "probate" and what it means. That is ok. It's complicated. Ask a group of estate planning lawyers what...

Probate Provides Protective Transparency

There are valid reasons to consider probate avoidance strategies, and the top two would involve time and money. Depending on the specific...

Choosing Your Trustee Naming the Bank

Choosing your trustee is an important choice. The ideal trustee is trustworthy, good with money, and cares about you. If you don’t have a family...

Probate and Asset Retention

One of the primary reasons why it is advisable to retain the services of an experienced estate planning attorney rather than trying to piece a...

What Happens if You Die Without a Will?

When an individual dies without having a will in place, they have died intestate from a legal perspective. So what happens when a person dies...

Assisted Living Community Alternative

One thing to consider when contemplating the contingencies of reaching an advanced age, is the possibility of being unable to handle your...

When to Start Estate Planning

It may be safe to say that most people realize the need for an estate plan. It is also safe to say that the majority of people put off creating...

The advantages of making an Italian Will

How to prevent foreign inheritance laws from affecting your summer villa. Owning holiday homes abroad has become increasingly common amongst...

Funeral Planning Without the Funeral – 3 New Options

Once you've begun the estate planning process and start looking towards practical concerns such as funeral planning, you may want to consider...

Don't Forget Your Online Accounts in Your Estate Plan

An important goal of many estate plans is to make sure that your heirs can quickly and easily get their inheritance and wrap up your affairs. In...

Speak with an Attorney about Your Gifting Plan

You might have heard that you can give some of your money to your heirs before you pass away without any tax consequences. While this is...

3 Common Retirement Regrets and What You Can Learn from Them

As more and more Americans reach retirement age every day, many often find that their new lives can lead to some regrets. If you have yet to...

My Estate Plan Has a Mistake in It. What Do I Do?

First, don't panic. It is often common to find a mistake or error in your estate plan, especially when you've created your plan yourself or used...

Speak to an Attorney About Planning for Your Blended Family

If you have had children with multiple spouses during your lifetime, your estate planning can get complicated. You will want to make sure that...

Expat in Thailand Need to Make a New Will

  By Tila Legal
Will and testaments give you a chance to divide your property according to your own free wish without any ones interference from some external...

High Percentage of Boomers Unprepared for Retirement

In 2011, there was a poll conducted by the Associated Press and LifeGoesStrong.com. The purpose of the probe was to get an idea about how...

An Estate Planning Attorney Provides the Personal Advice an Online Document Service Cannot

Planning for what will happen to your assets and property after you pass away is one of the most complicated and confusing legal decisions that...

Appoint a Power of Attorney Agent Before You Need One

Everyone should have an attorney draft a general durable power of attorney for them as part of their estate plan. If you do not have one, your...

3 Questions About Changing Your Estate Plan

Like a muscle, a good estate plan is one you regularly use and maintain. It's especially important to change or update a plan if you go through...

FLP Can Be Effective Solution

It would be logical to consider giving gifts to people that you would otherwise be leaving inheritances to while you are still alive in an...

Speak With an Expert Before Making Estate Planning Decisions

The typical layperson is usually going to equate estate planning with drawing up a last Will and in fact there are entities out there that will...

When Should You Fund Your Living Trust?

Funding your living trust is an important part of estate planning, especially if your goal is to avoid probate. Here are some tips for how and...

What is a Pour-Over Will?

If you’re familiar with living trusts, then you know that one of the big benefits of a trust is the ability to avoid probate. This is possible...

Avoid Common Mistakes

Most people look forward to coming up with an estate plan about as much as they look forward to going in for a root canal. However, with the...

Choosing an Executor

Choosing an executor for your will or estate is necessary to make sure your wishes are carried out after your death. Not only should your...

Elder Abuse Revised

Everyone gets older – that’s just a fact of life. And while we can’t avoid aging, we can take steps to ensure that our loved ones are properly...

IRA Withdrawals

You can withdraw money from your IRA at any time, but there are sometimes penalties or income tax associated. The rules vary depending on...

Common Questions About Wills

Do I Need a Will – The short answer to that question is yes; everyone should have a will. Although all states have laws that dictate who the...

Should You Include Your Business in Your Estate Plan?

When you start a business, you should not only consider how your business will thrive; you should also think about what will happen to it when...

Is Taking Retirement Funds Early Safe?

During this time of economic woes, more people are turning to their retirement accounts for extra funds. So, is this a safe option to help you...

How to Lower Estate Taxes

Federal estate taxes are taxes that will be owed upon your estate after you pass away. Your estate will owe taxes if your assets are worth more...

Understanding No Contest Clauses

If you have a Last Will and Testament, Revocable Living Trust or an Irrevocable Trust, you have the option to include a No Contest Clause in...

How a Trustee Should Communicate

The Successor Trustee of a Revocable Living Trust is the lifeline between the affairs of a decedent’s estate and the beneficiaries. If...

Medical Care vs. End-of-Life Care

There was a 60 Minutes segment that aired in '09 that was entitled "The Cost Of Dying," and this report was very relevant to anyone who is...

Do You Need an Estate Plan?

For many, the idea of creating an estate plan is something they’ll do “later.” As in when they’re older, when they have more “stuff” or whenever...

How to Include Your Pets in Your Estate Plan

Your pets are an important part of your family, so it is vital that you include them in your estate plan. Like naming a guardian for your...

How a Will Can Protect Your Blended Family

The standard image of a family as a mother and father with two children is becoming less frequent. In the current age, families include a...

How to Leave an Inheritance for Your Minor Children

Since you do not know what age your children will be when you pass away, it is best to plan their inheritance as if they have not reached...

Picking Estate Fiduciaries

A fiduciary is someone who monitors assets for you, with your best interests in mind. This may be a financial institution, a property management...

Trusts: Revocable and Irrevocable

Trusts, both revocable and irrevocable, offer a variety of options that allow you to tailor your estate plan to your specific needs and desires....

Estate Planning Dos and Don'ts

Estate planning is a complicated and on-going process. It can seem tiring because you need to frequently update your plan based on changes in...

Estate Planning for Blended Families

Because so many families have children from more than one marriage, estate planning for blended families has become a common challenge in the...

Protecting Your Loved One with a Special Needs Trust

If, like Sabina and me, you have a loved one who is disabled, then you know how important government assistance programs can be to their...

Financial Security and Early Retirement

Most people like to believe that they will be able to retire years before they reach full retirement age. Although this is a nice thought, it’s...

How to Decide if Someone You Love Needs Long Term Care

The decision to seek long term care for a loved one is a difficult one to make. Perhaps you are afraid of hurting your family member’s feelings...

What does an Executor Really Do?

If a relative or friend asks you to serve as the executor of their estate – or, more likely, you are choosing an executor for your estate – make...

Introduction to Living Wills

A Living Will is a legal document that alerts your healthcare providers to your wishes and preferences regarding medical treatments and...

What is an Advance Medical Directive?

An advance medical directive can actually consist of two different legal documents, both designed to protect you medically in the event you can...

Fiduciaries

When it comes to financial matters we need several people we can trust to act in our best interest. These people include friends, relatives and...

Tax Benefits to New Immigrants / Returning Senior Residents to Israel

Over the last few years Israel has become an attractive jurisdiction for tax planners, the following article will provide information on some of...

Why You Should Create an Estate Plan that Avoids Probate – 4 Reasons

After you die, your family will not be able to immediately receive your property until the probate process is completed. Depending on your...

Avoiding Retirement Regrets by Planning Ahead

As you embark on your estate planning journey, it's important to keep in mind that your career goals, estate planning desires and your dreams of...

Estate Planning for GLBT Life-Partners

If it's important for most people to have all of their estate planning documents in place before something catastrophic happens. It is even more...

Estate Planning Uncertainty in an Election Year

Estate planning typically requires a thorough understanding of the tax laws that will directly impact the choices you make for your plan....

Estate Tax Fluctuations Hard To Justify

The Federal estate tax is considered to be unfair by many observers who are familiar with the details. One of their contentions is that the...

Exercising Your Options

You are not required to utilize the same vehicle of asset transfer to facilitate the distribution of assets to each of your heirs. This is...

Passing on a Family Business

If you own a family business, you have likely spent your lifetime growing and nurturing the business. You have undoubtedly given considerable...

Waiting on an Inheritance that May Never Come

In years past, family wealth was traditionally passed down from one generation to the next without question. It was rare for a family patriarch...

Funeral Planning – 3 Alternatives to Burial

As thousands of baby boomers reach retirement age every day, many of them are finding the idea of having a traditional funeral to be less than...

How Much Should Probate Cost?

Should firms give a fixed fee for Probate work? If so how much should it be? A lot of solicitors still charge a percentage of the value of the...

Why You Need a Pet Trust

For many people in the later years of their lives, pets are their closest family and friends. Your children no longer live with you. Over the...

Battle of the Wills

Last Spring, New York heiress Huguette Clark died just shy of her 105th birthday leaving behind what has become a “made for tabloids” battle of...

Estate Planning and Tax Consequences

While the ability to decide who will receive your assets upon your death is certainly an important feature of estate planning, the ability to...

The New Cyprus International Trust Law

After much debate the House of Representatives finally voted into law the new Cyprus International Trust Law. The bill that was enacted on the...

How Do You Get UK Probate for Non UK Residents?

When a non UK resident dies owning assets in the UK it is often necessary to get Probate in the UK. This article summarises how to get it.

Will Your Pets Have a Home?

It is a good idea to work from a checklist when you are trying to make sure that you have all your bases covered when creating an estate plan.

A Practical Look at the Probate Process

The term probate, in Old English, means “to prove”. Probate can play a huge role in estate planning because a family will be exposed to probate...

Military Service Can Pave the Way Toward Comfortable Retirement

Unless you are in a very rarefied financial position you are going to have to plan ahead intelligently to be able to enjoy a comfortable...

Cost Efficient Estate Planning

There are websites dotting the cyber landscape that want you to think that you can plan your own estate.

Estate Planning and Tax Consequences for Leominster Residents

As a Leominster resident, you have probably given considerable thought and consideration to how you wish to structure your estate plan in order...

Passing on a Worcester Family Business

As the owner of a Worcester family owned small business, you have likely devoted your lifetime to growing the business from the ground up. As a...

Generation Skipping Trusts to Slow Asset Erosion

San Jose estate planning attorneys invariably speak to many clients who feel as though the estate tax is fundamentally unfair. Their clients...

Tax Savings Can be Realized With a QPRT

Home ownership has long been the foundation of wealth building in the United States. If you are like most Americans, your home is your single...

Planning for the Care of Your Special Needs Loved One

We will start out by discussing the rules of eligibility for certain types of assistance programs. Next, we will discuss problems and pitfalls...

Common Questions about Florida Oral Wills

Oral wills were traditionally used when a person was too sick or otherwise unable to write. Question 1: What is a nuncapative will? - Answer: A...


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