Running a small business can keep you busy, but it should not keep you from creating an estate plan. Not having a plan in place can cause problems for your business and your family after you are gone. While an estate plan is important for everyone, it is especially important for small business owners. Planning allows you to dictate what will happen with your business after you die or are no longer able to manage Read More
The Benefits of an LLC as Part of Your Estate Plan
Limited Liability Companies (LLCs) are an important tool for small business owners, but they can also be useful in estate planning. An LLC can help you pass assets to your children while avoiding gift and estate taxes. An LLC is somewhere between a partnership and a corporation. Like a corporation, LLC owners are protected from liability. But like a partnership, the owners report income and losses from the company Read More
Understanding the Common Types of Trusts
A trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), called a "trustee," holds legal title to property for another person, called a "beneficiary." Trusts fall into two basic categories: testamentary (created by your will at death) and inter vivos (during your lifetime). A testamentary trust is one created by your will, and it does not come into existence until you Read More
End-of-Life Care Decision Making With Medical Directives
Just as we create estate plans for our eventual demise, we also need to plan ahead for the possibility that we will become sick and unable to make our own medical decisions. Medical science has created many miracles, among them the technology to keep patients alive longer, sometimes indefinitely. As a result of many well-publicized "right to die" cases, states have made it possible for individuals to give detailed Read More
The Durable Power of Attorney: Your Most Important Estate Planning Document
For most people, the durable power of attorney is the most important estate planning instrument available -- even more useful than a will. A power of attorney allows a person you appoint -- your "attorney-in-fact" or “agent” -- to act in place of you – the “principal” -- for financial purposes when and if you ever become incapacitated. In that case, the person you choose will be able to step in and take care of your Read More
Five Reasons to Have a Will
Your will is a legally-binding statement directing who will receive your property at your death. It also appoints a legal representative to carry out your wishes. However, the will covers only probate property. (Probate is the court process by which a deceased person's property is passed to his or her heirs and people named in the will.) Many types of property or forms of ownership pass outside of probate. Read More
Estate Planning When You Have a Stepfamily
Ideally, when a second marriage joins two families together, should be a joyous occasion that creates one bigger family unit - the "blended family." Unfortunately, it too often also creates inheritance fights between stepparents and children. A good estate plan is necessary to help avoid these types of family squabbles. Complications can arise when two people who both have children from previous relationships marry. Read More
Redo Your Estate Plan When You Remarry
If you are getting remarried, you obviously want to celebrate, but it is also important to focus on less exciting matters like redoing your estate plan. You may have created an estate plan during your first marriage, but this time it will probably be more complicated--especially if you have children from your first marriage or more assets - what we call a "blended family." You must redo your estate plan when you Read More
If You Haven’t Been Regularly Reviewing Your Estate Plan, Start When You Hit 60
You Should Review Your Estate Plan When You Hit 60 as well as other key points in your lifetime. How frequently you should review your estate plan depends on how old you are and whether there has been a significant change in your circumstances. If you are over age 60 and you haven't updated your estate plan in many decades, it's almost certain that you need to update your documents. After that, you should review Read More
Does Your Will Name an Alternate Beneficiary?
If your will does not name an alternate beneficiary, what will happen to your estate if your primary beneficiary does not survive you? If your will does not name an alternate beneficiary, your estate will be divided according to state law. The way the state divides your estate may not agree with your wishes. Your money may go to someone you don't like or to someone who is unable to handle it. For example, suppose Read More
