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- Differences between Guardianships and Conservatorships
Loved ones who are concerned about a loved one may decide to seek a formal appointment as the individualís guardian or conservator. Which designation the person seeks will depend on the state where it is granted, the purpose of the appointment and factors specific to the personís particular situation.
- I Am My Fatherís Only Living Relative. Can I Collect His Pension?
When a person has worked for a company for a requisite number of years, he or she may be eligible for a pension. However, the employee may sometimes die before he or she receives the pension or before receiving the entire amount of the pension. This leaves open the question what happens to the pension when an employee dies. In some situations, an adult child may receive the remainder of the pension.
- Problems Posed by Drafting Your Own Will
Many people are influenced into drafting their own wills. They may want to save money by not hiring a lawyer. They may want to maintain privacy and think the best way to do it is to write their own will. They may pick up a do it yourself kit at an office supply store and feel they are competent to prepare a will.
- Do I Have to Leave Assets to My Spouse in My Will?
Marriage creates certain legal duties and responsibilities between parties that would not otherwise exist without the benefit of marriage. One such right includes the right to inherit from a deceased spouse. Some spouses may specifically write out their spouse in their will. However, this may not be an effective way to disinherit a spouse. What the surviving spouse is entitled to depends on state law, where the property is located and whether any valid agreements exist between the parties.
- Incapacity Planning in Your Estate Plan
When most people think of estate planning, they think about a will and other documents that they should put in place in case they die. A personís goals with an estate plan may be to provide for their family, distribute their wealth after they have died and to avoid the probate process. However, an integral part of an estate plan is planning for possible incapacitation.
- When Are Estate Taxes Due?
When someone dies, someone must take on the tasks of finalizing his or her estate. If the decedent had a will, this individual is the executor who is named in it. If the decedent died without a will, the probate court appoints someone to serve as the personal representative. He or she is ultimately responsible for paying any estate taxes that are due. An estate tax or death tax is paid out of the decedentís estate after his or her passing.
- Top 12 Reasons Why You Need an Estate Plan
Many people think estate planning isnít for them, but the reality is that estate planning is for everyone. No matter how young you are or how little you own, everyone can benefit from an estate plan.
- Estate Planning: What About the Intellectual Property?
Despite good intentions, many people do not get serious about completing their estate planning and estate documents until late in life. Even when they do, they focus on which individuals will inherit the tangible assets Ė such as houses, land, money, jewelry, stock and other investments.
- Blended Families Need Estate Planning Too
Todayís family structure is much different than it was many years ago. A large number of families are now blended with married spouses and children from previous relationships. Blended families have more complex wealth planning considerations than others. This often requires special care and advance planning.
- How Stretch IRAs are Used as an Estate Planning Tool
Estate planning is essential for those with assets that the owner wants to leave behind or to extend into his or her later years, and some of these tools involve multiple items. The stretch IRA is a retirement planning tool that may be used best in estate planning for someone that is planning to ensure he or she lives well after entering retirement age.