Estate Planning Law Articles

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

A Look at Postmortem Planning

Executing estate planning documents that express your wishes in writing is indeed important when you are making preparations for the inevitable....
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Probate: Smooth Sailing in The Garden State ?

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...

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

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...

The Mistake of Creating a Will on Your Death Bed

There are many mistakes that you can make in estate planning. Planning your estate is not a simple or easy thing to do.

More Money for Attorneys

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.

Capacity in the Estate Context -Ontario Canada

In Canada capacity is often the key issue in challenges to testamentary documents, powers of attorney, the ability to manage property and/or...

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

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...

Obama Care’s Impact on Permanent Residents and Expatriates

The re-election of President Obama ensures that the Affordable Care Act (“ACC”) will be implemented. The ACC imposes obligations that most...

Basics of Asset Protection

Asset protection is the safeguarding of your physical and financial property against creditor judgments, negligence lawsuits, and divorcing...

How to Avoid the Gift Tax

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.

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

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

Irrevocable Trusts Benefit Long-Term Care Needs

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: Where To Keep Your Documents When They Are Completed

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...

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

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...

Is a Reverse Mortgage Right for You?

Unfortunately, many elderly Americans are living off of a shoe string budget. Social Security payments do not cover the cost of living for most...

Transferring Assets? The Tax Man Looms

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...

Hemsley Case Underscores Value of Probate Avoidance

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.

Americans Require a Will While Living Abroad. Case of Thailand

Advancement of modern technology allow people to migrate effortlessly across borders in increasing numbers in this century. People live and work...

FAQ about the Types of Power of Attorney

The phrase “power of attorney” is used with great frequency in the field of estate planning.

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

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.

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

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...

SSA Forcing Conversion to Direct Deposits

The ongoing future of the Social Security program is a subject that is often discussed within elder law circles.

Estate Planning: Your Children Will Fight over Your Assets

Just because you love your children and get along with them does not mean you can assume that they will love each other or get along with each...

Can Medicaid Take Home from Surviving Spouse?

Some people who visit elder law attorneys are very pleased to hear that Medicaid will pay for long-term care.

Executor Duties — Obtaining Date of Death Values for Estate Assets

If you recently found out that you are the executor of the estate of a recently deceased loved one, or have been appointed by the court as the...

Can Hospice Care Help My Family?

Statistically, we can all look forward to living much longer than those who came before us. That does not, however, mean that we will live...

Do You Have a Pour-Over Will in Place?

When you engage the expertise of a good Reno estate planning attorney you can be certain that all of your bases will be covered, This is...

Special Considerations for LGBT Couples and Retirement Planning

Retirement planning for couples who are part of the LGBT community is fraught with challenges that do not exist for traditional couples.

Changing Testamentary Trust Terms

Changing the terms of a testamentary trust may not be as easy as you think. You see, a testamentary trust is a trust that is created in your...

The Family Vacation Home — How to Handle it in Your Estate Plan

Many families are fortunate enough to be able to enjoy a family vacation home. Whether you have a cabin in the woods, a chalet near the slopes,...

Valuing an Estate—Date of Death Values

If you are the executor or personal representative of someone’s estate then one of the first duties you will perform is to obtain date of death...

Divorce: Know Thy Beneficiary

If you’re thinking about getting a divorce, are in the process of getting a divorce, or are already divorced, then you should keep reading. A...

Estate Planning with the Unlimited Marital Exclusion and Federal Estate Taxes

If you have sizable assets it is an advantage to be married. If a couple is married they can pass an unlimited amount of money to each other...

QTIP Trust and Pre-Nup Can Cover All Bases

There are those who equate the concept of the premarital agreement with the undermining of true romance, but this impression is now beginning to...

Developing a Rapport With Your Estate Planning Attorney

People generally go to the same hair stylist over a number of years once they find one they like because the stylist gets to know what the...

Be Prepared to Revise Your Estate Plan

The matter of estate planning is unique in that it is something that you do that is not intended to benefit you personally. When you plan your...

Interesting Twist in Hemsley Estate Matter

Estate planning lawyers will always remind clients that they have choices when it comes to asset transfer. Simply using a last will is...

Time Waits for No One

Many baby boomers grew up listening to the Rolling Stones song "Time Waits for No One." Some of them are finding out just how true this is when...

New Definition of “Lucky Dog”

There is such a thing as living a charmed life, and a lot of people will tell you that their dogs are doing just that. Indeed, many Americans...

Estate Tax: Where it Stops Nobody Knows

Avoiding asset erosion is one of the primary goals of estate planning, and the most powerful source of this erosion that must be reckoned with...

A Revocable Living Trust May Be the Answer

There are multiple ways to transfer your assets to your loved ones after your passing. Many people assume that a last will is the best way to...

Is Permanent Estate Tax Repeal in Order?

Most people are not opposed to paying taxes that they feel are fair and properly used, but it is very difficult to accept levies that overstep...

Do-It-Yourself and Template Wills

There is a big DIY movement afoot in the United States these days, and for the most part this is a good thing. It can be a lot of fun to make...

Donor Advised Funds: Philanthropy for the Rest of Us

Not too long ago there was quite a buzz generated in financial circles by two of the highest profile and wealthiest businessmen in the world....

Take Advantage of Tax-Free Gifts

You have to love win-win situations, and that's what you get when you include tax-free gift giving in your inheritance plan. Essentially, when...

Estate Tax Relief Included in New Tax Measure

A brand new year is upon us, and as we brush ourselves off after the holiday reveling we are invariably ready to embrace the many changes that...

Your Responsibilities as a Guardian

Have you been named as the guardian of a minor child or a mentally incapacitated adult? If so it is important to understand what your fiduciary...

How Do I Donate My Body to Science?

Did you know that you can donate your body to science? If you wish to do so, it is important that you set those desires out in advance in an...

Understanding All the Estate Tax Buzz

There’s been a lot of hype about the estate tax recently that created a good deal of confusion. The estate tax is a tax that the IRS imposes on...

The Benefits of Planning Your Own Funeral

Planning a funeral for a loved one can be a heart-breaking process full of confusing, sometimes expensive choices. You can alleviate this burden...

What is the Greatest Estate Plan in the World?

The greatest estate plan you can make is to spend all of your assets or everything that you own. This is simple and easy to do as you can just...

Business Owners or Wealthy Benefit from Advance Estate Planning

Those in business or with significant wealth are concerned with protecting themselves and their assets in matters of tax, trust, and estate...

What Happens to Student Loan Debt after Death?

You’ve taken the time to plan out your estate, but what about student loan debts? According to a study conducted by SmartMoney, one out of three...

Essential Estate Planning Components for Female Entrepreneurs

As a woman, you have spent countless hours working to create a high net worth. Unfortunately, the last thing on your mind is planning for how...

Common Estate Planning Errors for All Americans

Common estate planning errors do not just apply to those who do their own estate plans. Even those who pay thousands of dollars to create an...

America’s Wealthy Have Outdated Estate Plans

According to a recent study, a majority of American families who are wealthy enough to have a full-time accountant and legal representatives on...

The Decline in Estate Planning

According to recent surveys, only 35 percent of Americans have completed their estate planning and only 21 percent have created a trust....

Transferring Your Business

You have worked years to establish your business and your livelihood. Upon your death you want to ensure that your business and the legacy...

General Power of Attorney Versus Health Care Power of Attorney

When you begin the estate planning process, you will be approached with the terms “General Power of Attorney” and “Health Care Power of...

Does My Family Need a Trust?

Just about every family out there can benefit from a Trust in some way. In fact, a Trust is not something designed specifically for the rich and...

Five Steps to Avoid and Minimize Probate and Trust Disputes

Litigators can be beneficial when there are disputes over probate and trust litigation. Probate and trust litigation can turn families into...

Home Equity Conversion Mortgages: An Overview

When you are engaged in the process of retirement planning, you are going to want to be apprised of all of your options. With this in mind we...

Estate Planning and the Types of Power of Attorney

There are many different types of power of attorney; in fact, there are so many that someone could be easily overwhelmed when trying to decipher...

Ways to Keep Your Estate Plan Simple

You can’t take it with you. This is one of the simple, inalienable truths about dying, and, like it or not, your relatives know this. So if you...

Trust Can Play a Role in Pet Planning

Some people want to provide for minors or adults who are incapable of making their own decisions when they are making preparations for the...

An Explanation of Unified Gift/Estate Tax

levy that is imposed on gifts that you give to others if they exceed a certain amount. Every year you can give as much as $13,000 to any number...

Who Will Care for Your Pet After Your Passing?

Because of the fact that pets live relatively short life spans as compared to humans, you may think that it is not necessary to consider the...

T-Shirt Estate Plans

Have you ever purchased a one size fits all T-shirt? I'm not sure why companies make these things. They don't actually fit anyone. They are...

Claim Your Inheritances

Most people do just about everything they can legally do to get as much money as they possibly can. This makes it amazing when someone appears...

A Post for Men

Forgive me, ladies, but this is a post for the men in the audience. You can read it, but it is not for you. This post is for men who spend any...

Someone is Wrong on the Internet

There is an old Internet meme that shows a picture of a man looking at a computer while a woman stands in a doorway behind him The picture is...

What You Need to Have Together Before You See Your Estate Planning Attorney

An important question to ask before you see an estate planning attorney to make a will or living trust and all of your other planning documents...

How Do You Provide for Pets When Planning Estate?

If you were to get yourself a dog or cat as a senior citizen you may be taking a very positive step. It is not uncommon for elders to experience...

What A Common Law Marriage Does To Your Estate Plan

Common law marriage is still in practice in Alabama ,Colorado, The District of Columbia, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode...

SSA Requiring Benefit Recipients to Go Paperless

Many people within the elder law community are concerned about the future solvency of the Social Security program. Indeed, given the rapid aging...

Digital Planning: Communicate Relevant Information

Estate planning in the digital age is going to require communicating relevant information to your executor or personal representative. These...

Pet Planning: Provide for Your Pooch

You must think everything all the way through when you are interested in being totally and comprehensively prepared for the inevitable. With...

Estate Plan Considerations for Those Who Are Expecting

Pregnancy is one of those significant life events that cause us to make a great many changes in our lives. One thing to which being pregnant...

Motivational Estate Plans

Perhaps some of your family members are not as motivated to make something out of their lives as you are. It is frustrating when that family...

Cancer Strikes When You Don't Expect It

I have an old friend that I only know through the Internet. I'm not sure how we met. It was a long time ago. It was probably through a mailing...

Financial Discussions When Mom and Dad Get Old

It can be very difficult for adult children with aging parents to accept that the people who raised them are now coming to the age where they...

Why Should I Use a Living Will Registry?

A living Will registry is a good idea. It’s like an insurance plan that covers your wishes instead of your property. Although the subject matter...

What Are Reverse Mortgages?

Older Americans often use reverse mortgages to buy long-term care insurance, pay for medical treatments, finance home improvements or supplement...

Why You Need a Will or Trust

State law governs the distribution of your estate if you do not have a will or trust in place. Did you know that your spouse may receive only...

Three Estate Planning Instruments You Need Right Now

Depending on your needs, estate planning may be a simple or complex process. We believe that these three instruments are essential to protecting...

Answering Unified Tax Questions

The estate tax and the gift tax are unified under the tax code. We would like to provide a basic explanation with regard to what exactly this...

Expanded Medicaid Might Impact Private Plans

There is no doubt that you have heard a great deal of information bandied about regarding the Patient Protection and Affordable Care Act (PPACA)...

Singapore Business Law - Protect Your Assets With Keyman Insurance

Have you ever considered whether or not your business could continue without you or your key employees? “Keyman Insurance” is an insurance...

Singapore Business Law - Refinancing (Money Saving Tip)

The recent economic downturn have resulted in many of us tightening our belts. For most of us, this means having to forgo our annual overseas...

Unified Exclusion Applies to Estate Plus Taxable Gifts

You may have heard the term "unified exclusion" if you have started to do any research into the field of estate planning as you look ahead...

Protecting Your Assets from Expanding Nursing Home Costs

Nursing home costs are rising, which could be detrimental to your financial health should you find yourself in need of nursing home care, or...

Shedding Light on Unified Gift/Estate Tax

The taxes that are imposed on transfers of assets are something to take very seriously when you are interested in wealth preservation. These...

Will Updates Can Require Care

It isn't uncommon for a new client to walk into an estate planning attorney's office and ask if the attorney can make a quick update to a Will....

Pet Planning Solution: Pet Trusts

Estate planning involves making provisions for those that you care about, and with this in mind you must remember to include your pet. Yes, pet...

What to Do With Personal Items in Your Estate Plan

Many times it is not the big assets such as the house or bank accounts that cause fights among family members when an estate is divided....

Trusts: An Alternative to Wills in Jamaica

Trusts are versatile, money saving instruments that are widely used to save on estate tax liability, ensure privacy, and provide for special...

Why Wills - The Problem of Intestacy in Jamaica

You must not avoid writing your will. In fact, it is your voice after you death. Your family and loved ones will be certain of your wishes. A...

Estate Planning for a Child That Provides Caretaking Responsibilities

When parents of get older and have multiple children, one child may provide caretaking responsibilities for the parent. These added duties...

The Gift Tax, the Estate Tax and Your Family's Future

It is important to be aggressive about tax planning in light of the heavy toll that the federal estate tax can take on your legacy. To be able...

Can Creditors Attack a Family Member's Inheritance?

It is a good idea to think things all the way through when you are engaged in the process of inheritance planning. Getting resources into the...


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