Estate Planning Law Articles

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

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...
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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...

Preparing for Your First Estate Planning Meeting

Beginning the estate planning process usually requires you to set up a meeting with your estate planning lawyer so you can get down to the...

Whitney Houston’s Estate Facing Debt

No matter what the financial status of an individual is estate planning can be an important aspect to safeguard assets. While Whitney Houston...

Expert Analysis and Advice is Invaluable

Over the course of your lifetime it is likely that you will have accumulated some considerable financial resources. Given the fact that it took...

Giving to Charity Efficiently

When you sit down to evaluate your legacy, you may need to do some serious soul-searching. In the field of estate planning. you generally stick...

HECM Can Finance Purchase of Long-Term Care Insurance

The high and rising costs associated with long-term care are something to take very seriously when you are making preparations for the latter...

Do You Have to Notarize Your Will?

In most states, to create a valid Will, you must sign your Will in front of two witnesses. Your witnesses must also sign your document in your...

Washington Oral Wills – 4 Facts

While everyone in Washington who is a competent adult can create his or her own last will, State law also allows some people to create an oral...

Avoid Costly Probate Battles with Planning and Communication

No one wants their family members to fight in court over their assets after they pass away. Probate battles can be long, costly, and nasty. The...

How to Choose Which Trust is Right for Your Estate

Estate planning often encompasses numerous different tools and strategies. While your Last Will and Testament may be the cornerstone of your...

Estate Planning and Tax Consequences

There are two basic reasons why estate planning is so important. First, estate planning allows you to decide what will happen to your assets...

You Have Choices

You have choices when planning your estate. You are not required to utilize a last will to direct the distribution of your assets after your...

Generic Forms Are Not the Answer

These days you see various entities offering blank generic legal forms. They would like you to believe that anyone can plan his or her own...

Sacrifice Can Come With Rewards

Military service is demanding on many different levels and it is not something that everyone is going to be suited for. Without question there...

The Washington State Death with Dignity Act

After much debate, the Washington Legislature finally passed the Washington State Death with Dignity Act in 2008. The law allows certain...

Prenuptial Agreements and Your Estate Plan: 3 Tips

Tip 1: Consider the children. When people with children from a previous relationship get married the new spouses automatically become entitled...

Estate Planning for Non-U.S. Citizens Spouses

When a married couple consists of two U.S. citizens, the estate planning rules treat them differently than if one spouse is a non-U.S. citizen...

What You Never Did: The Top 3 Regrets of the Dying

A nurse in Australia recently wrote a book detailing her experiences in dealing with the dying and coming to understand what they regretted the...

Probate Litigation -- How to Avoid It

A lengthy probate battle can drain estate assets and leave beneficiaries without access to them until the matter is settled by the court....

Real Estate Transfers to Heirs: 4 Options

If you’re creating an estate plan and want to leave your home to your family, there are a wide variety of options that allow you to do this....

3 Questions about Estate Planning and Prenuptial Agreements

Answer: Though prenuptial agreements are available to any couple, those entering into a second marriage or who already have children, stand to...

Trust Administration FAQ

Whenever someone establishes or creates a Trust, the Trust property must be managed and looked after through a process known as Trust...

Anti-Lapse Laws

When a beneficiary who stands to receive a gift under a Will dies before the testator dies, the gift has no one to go to. This is called lapse....

Estate Tax Parameters Subject to Change

After you pass away, the transfer of assets to your loved ones may seem like a relatively simple and straightforward task. It should be but the...

Hollywood Highlights the Need for Estate Planning

Most of us listen to the never-ending stories about money disputes in Hollywood and shrug them off as having no relevance to our lives. While...

Gift Tax Exemption and Exclusion

For anyone with a substantial estate, the never-ending search for mechanisms to transfer those estate assets without incurring estate taxes...

You Can Increase Your Full Social Security Benefit

The unfortunate truth is that a significant percentage of Americans do not plan ahead diligently with retirement in mind and they wind up being...

Probate Expenses Can Pack a Wallop

Many people equate the process of estate planning with the act of drawing up a last will. You may go this route if you choose to, but it is...

Cross Border Issues - Israel and Canada

For parties with assets and or beneficiaries in multiple jurisdictions it is imperative to ensure a proper estate plan is in place. Unless...

Long-Term Care Insurance Financing Strategy

Long-term care is extremely expensive and the fact is that Medicare does not pay for it. So, if you truly want to be prepared for all the...

Don't Forget Fido When Estate Planning

If you have a dependent in the home, you have to make sure that you have made provisions with regard to a guardian should this child be left on...

Waiving Your Rights Through Nuptial Agreements

Generally, Florida courts will uphold nuptial agreements if entered into and signed properly. This extends to both prenuptial (before marriage)...

Probating Your Will Before You Die

State laws vary as to when custodians must file a decedent’s Will with their local probate courts. Most states allow testators or Will drafters...

Top 5 Ways of Avoiding Family Estate and Inheritance Fights

Famous celebrities continue making national celebrity news headlines posthumously when their heirs challenge their last will and testaments. For...

Same-Sex Partners Must Plan Proactively

In the past gay marriages were not legal anywhere so people who were involved in long-term same-sex relationships had absolutely no protections...

Directing Resources to Charities

Estate planning can involve a good bit of soul-searching, and when you are making plans for the future you may feel the urge to engage in acts...

Home Equity Conversion Mortgages: A Brief Overview

A home equity conversion mortgage is a reverse mortgage that is supported by the federal government. As the name implies with a reverse mortgage...

One Tax Bill Beats Two

If you were to ask the typical person walking down the street he or she would probably tell you that a certain amount of taxation is necessary....

Probate Expenses Can Add Up

You may think that arranging for the transfer of assets to your loved ones after you pass away is something that should be easily done without...

Estate Planning and Tax Considerations

As part of the Federal Economic Growth and Tax Relief Reconciliation Act of 2001, Congress temporarily eliminated estate taxes for the year 2010...

The Indiana Trust Code’s Provision Regarding a Trustee’s Compensation

The Indiana Trust Code gives each Trustee a legal right to receive monetary compensation for his/her work administering the Trust. absent...

Streamline Your Accounting When Giving to Charity

A lot of people are interested in diverting resources to charity when they are devising a long-term financial plan. Indeed, charitable giving is...

What is a HECM?

In the field of financial planning, a HECM is a home equity conversion mortgage. These are reverse mortgages that are supported by the federal...

Probate Litigation -- How to Avoid It

Even without litigation, an estate with only moderate assets can take twelve to eighteen months to clear probate and can incur a sizable sum in...

Indiana Health Care Directives

In the state of Indiana, each adult citizen has the right to make his or her own decisions about the kind of medical care provided by health...

Prepaid Funeral Plans

People creating an estate plan often wonder about how funeral expenses will be paid, and may turn to prepaid funeral plans as one option. If...

The Elective Share Statute in Indiana

Pursuant to the Indiana Law, surviving spouses have legal rights to renounce their inheritances in favor of their statutory elective shares....

Differences Between Joint Tenancies

In Indiana, joint tenants can own real property jointly as tenants in common or as joint tenants with right of survivorship. Residents can also...

Making Efficient Philanthropy a Part of the Plan

A lot of people want to satisfy certain philanthropic urges that they have when they are making preparations for the future. We have all heard...

Examining the HECM

Some of the financial planning instruments that are routinely utilized can be a mouthful to say and can also be a little bit difficult to...

How to Reduce Alimony in Your Florida Divorce

Paying spousal support to your former spouse after marriage can be an emotionally and financially painful experience. And if a divorce is...

Pretermitted Adopted Children

In a few states, including Texas and Kansas, adopted children can inherit from their biological parents through state intestacy laws in the...

Charitable Giving: Keeping it Simple

Many people decide that they would like to provide for charitable organizations when they are making long-term financial plans. This can be...

How to Address Your Pet’s Estate Planning Needs

Section 11.118 of the Revised Code of Washington, governs pet trusts. Pursuant to this code section Washington State law allows individuals to...

Estate Planning Terms: Executive Bond Waivers

Once a person dies leaving behind property, someone has to take on the responsibility to manage that property and then transfer it to new...

Choice of Business Entity, Things to Think About - Limiting Your Liability

Some thoughts about the problems small business owners face when choosing a business entity. Among other factors limiting the liability of the...

Lending a Helping Hand Can Reduce the Taxable Value of Your Estate

You gain a sense of satisfaction from acts of generosity that really cannot be adequately described in words. Being in a position to help others...

Hollywood Highlights the Need for Estate Planning

Hollywood is always good for a great story about a money dispute involving someone famous. Actors, producers, authors, and agents are forever...

Grantor Retained Annuity Trust

In the never-ending quest to pass down assets without paying the often exorbitant estate taxes due on estate assets, a grantor retained annuity...

Irrevocable Life Insurance Trust Basics

Estate planning has truly become an art form. Along with deciding who will receive what when you die you must attempt to create a plan that...

Estate Taxes - How to Plan Your Estate to Avoid Them

Most people are accustomed to taking into account the tax ramifications of purchases expenses and investments as they apply to personal income...

Your Family Home and Your Estate – 3 Transfer Methods at Death

1. Transferring to a Spouse: Married couples often own property as equal owners with a joint tenancy. Each owner in a joint tenancy may have the...

Texas Intestacy Scenarios 4 Common Situations

If you die in Texas without leaving behind a valid last will and testament, all your property goes to owners that are pre-determined under Texas...

Asset Planning Can Help Avoid Probate

Avoiding probate requires thoughtful planning. Creating a Living Trust through an experienced Estate Planning attorney is an important tool in...

Dividing Your Personal Property

Unlike cash or real estate that can be divided neatly into shares, tangible personal property, including jewelry, furniture and family...

Why Would Someone Renounce a Will?

Renouncing a will means giving up your inheritance as provided in the will of a deceased. But why would anyone want to give up their...

Not Having a Healthcare Power of Attorney May Leave You Unprepared

Part of creating your estate plan should include executing a healthcare power of attorney document. This tool allows you to have some control...

Why a 401(k) Loan May Not be the Best Idea

Times are tough, and credit is still in limited supply. A sign of this is a recent statistic quoted by the Wall Street Journal: 30% of 401(k)...

Incentive Trusts

It can be a real dilemma: on the one hand, you want to pass on the wealth you’ve worked hard to earn but on the other hand, you don’t want a...

Fitchburg Estate Planning Attorney Discusses Grantor Retained Annuity Trust

If you have spent a lifetime building up your estate, then you likely don’t want to lose half of it to estate taxes upon your death....

How to Create an Irrevocable Life Insurance Trust

Estate planning can be complicated, even for a relatively small estate. If you are fortunate enough to have a sizable estate, estate planning...

Hollywood Highlights the Need for Estate Planning

Hollywood is never short on sensational accounts of legal disputes over money. Often, these disputes are over million dollar deals for recording...

Updating Your Grafton Will -- There May Be More Reasons to Do So Than You Realize

Your Last Will and Testament is the a starting point for your entire Grafton estate plan. For this reason, your Will should be well thought out...

Long Term Care Insurance

Planning for your care in your older years is critically important. The unfortunate fact is that so many seniors find themselves in a very bad...

Your Health Care Agent

Creating a durable power of attorney for health care is an important part of the estate planning process. After all, you want to make sure that...

How to Choose a Long-Term Care Insurance Policy

With the rising cost of long-term care in our elderly years, it makes sense to look for a good long term care insurance policy early on. However...

Estate Planning for a Special Needs Child

Every parent should consider estate planning as important, but it is extremely important if you have a special needs child. When a parent has an...

All Attorneys Are Not Created Equal

Picture this: you find out you need heart surgery, and you bypass the board certified heart specialist in favor of your family practitioner,...


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