, Trusts & Estates, Abrahams Kaslow & Cassman LLP | Attorneys at Law

ESTATE PLANNING SOLUTIONS THAT PROTECT YOUR WEALTH

Estate planning is essential to preserve family wealth and goes beyond just the drafting and execution of a will. In today’s society, a broader approach to estate planning is necessary. Our attorneys formulate and implement long-term solutions to protect your financial security for life while minimizing the tax burden of transferring wealth to the next generation.

AKC Law’s skilled and knowledgeable attorneys use federal, state, and international death tax exemptions to your benefit. We create personalized plans utilizing sophisticated estate planning techniques such as “Q-TIP” marital deduction trusts, “Crummey” trusts, special needs trusts, irrevocable life insurance trusts, generationskipping transfer tax exemptions, private charitable foundations, charitable trusts, limited family partnerships, and limited liability companies.

We handle tax and probate matters for individuals and fiduciaries and counsel executors and trustees. We handle every aspect of estate planning for you, from tax planning to distributions from an estate or trust.

CLOSELY HELD BUSINESS PLANNING

Protecting the wealth represented by a closely held business is a significant part of our trust and estate planning practice. We tailor creative long-term business succession plans to minimize the potentially devastating effect of death taxes on closely held businesses. These plans may include the creation of partnerships, trusts, and other entities and the use of shareholder agreements.

, Trusts & Estates, Abrahams Kaslow & Cassman LLP | Attorneys at Law
Estate Planning

Estate Planning

Estate planning is essential to preserve family wealth and goes beyond just the drafting and execution of a will. In today’s society, a broader approach to estate planning is necessary. Our attorneys formulate and implement long-term solutions to protect your financial security for life while minimizing the tax burden of transferring wealth to the next generation.

Special Needs Trusts

Special Needs Trusts

Inheriting assets, such as a lump sum of money or property, can be problematic for a person with special needs who receives or will be receiving government benefits. Setting up a Special Needs Trust can help avoid this problem.

Probate & Trust Administration

Probate & Trust Administration

Losing a loved one is one of the most difficult situations you’ll ever face – and to top it off, probate law can be complex and confusing. But you are in good hands at AKC Law.

Questions & Answers

Business Succession Planning

Contingency Planning: Preparing for Unexpected Business Changes

Business owners have many problems they might face, like when the economy is bad or a big natural event happens. Planning for these unexpected things is important. This planning is called “contingency planning.” It helps to get ready for changes and make them not hurt your business too much. In this article, we’ll talk about important things to think about when making a contingency plan.

Identify Potential Risks

To plan for unexpected events, you should first figure out what could go wrong. These might be things like the economy getting bad, big natural disasters, problems with getting supplies, or other things that could hurt your business. It’s also important to think about how likely these things are to happen and how much they could affect your business.

Develop a Risk Management Plan

After you know what could go wrong, you need to make a plan to deal with those problems. This could mean making the problems not hurt your business as much. For example, you might find other places to get your supplies from or make sure you have different customers. You should also create a plan for what your business will do if something bad happens. This plan will help you know how to react and what to do to fix things.

Ensure Business Continuity

Making sure your business can keep going is a very important part of planning for unexpected things. You might need to make a plan for people to work from home, figure out who can still run the business during a tough time, and think of ways to keep the most important parts of the business working.

Establish Communication Protocols

Communication is important when things aren’t going well. You should have a plan for how to tell people in your business about any big changes and how to deal with them. This might mean having a plan for who talks to your employees, customers, suppliers, and other people who are involved with your business.

Develop a Financial Plan

Planning should also involve thinking about your money. This means making a plan for how to manage your money during tough times. You should think about how to keep enough money coming in, where you could get more money if you need it, and how to handle any money you owe to others. It’s a good idea to talk to a money expert to help you make a plan that’s right for you and your business.

Test Your Plan

After you’ve made your contingency plan, you need to check if it works. You can do this by pretending that a crisis is happening and seeing if your plan helps you deal with it. This could be like a practice game or a pretend situation. Testing your plan like this helps you find any problems and makes sure your business is ready for surprises.

Conclusion

Planning for unexpected changes is important for businesses. You can do this by finding out what could go wrong, making a plan to deal with those problems, keeping your business running, making sure everyone knows how to communicate, planning your finances, and trying out your plan to see if it works. If you own a business, it’s a good idea to work with someone who knows a lot about this to make a plan that’s right for you and your business.

Exit Planning Strategies for Small Business Owners

Exit planning is about getting your business ready to be sold or passed on to someone else. Small business owners have special challenges with exit planning because they might not have a lot of resources, time, or because they’re attached to their business. In this article, we’ll talk about strategies for exit planning for small business owners. We’ll cover how to get your business ready to sell and make sure it’s worth a lot.

Why Exit Planning is Important for Small Business Owners

Exit planning is important for small business owners for several reasons:

Maximizing Value

A well-designed exit plan can help small business owners maximize the value of their business by identifying areas for improvement and developing strategies to increase profitability and reduce risk.

Preserving the Legacy of the Business

Owners of small businesses, who have put a lot of time into growing their business, want to make sure it keeps going strong even after they leave. Having a good exit plan can help make sure the business stays successful, the employees and customers are looked after, and the owner’s legacy lives on.

Preparing for the Unexpected

Even if a small business owner isn’t thinking about selling or passing on their business right now, things like getting sick or passing away could mean they have to leave the business. Having an exit plan in place can make sure the business is ready for these situations and that the owner’s interests are looked after.

Exit Planning Strategies for Small Business Owners

Here are some exit planning strategies for small business owners:

Develop a Succession Plan

A succession plan is important in an exit plan. It means figuring out who could take over the business and making a plan for passing on ownership and management. This kind of planning can take a long time to work out, and it should be part of your regular planning for the business’s future.

Conduct a Business Valuation

Figuring out how much your business is worth is a key part of exit planning. This involves looking at things like what your business owns, what it owes, how much money it’s making, and other factors. This information helps you come up with ways to make your business more valuable before you sell or transfer it.

Address Legal and Tax Issues

When you’re getting ready to leave a business, there are legal and tax things you need to think about. These things can affect how much your business is worth and your own financial situation. It’s a good idea to get help from a lawyer and a financial advisor who knows about these things. They can help you come up with plans to pay less in taxes and protect your interests.

Develop a Marketing Plan

For small business owners who want to sell their business, having a marketing plan is important. This means figuring out who might want to buy your business, making materials to show off your business, and telling potential buyers about it.

Consider Employee Ownership

Small business owners who care about their business legacy might think about giving their employees ownership. This could mean transferring the business to the employees through an employee stock ownership plan (ESOP) or another way of doing it.

Conclusion

Developing a well-thought-out exit plan is crucial for small business owners. This process involves a range of considerations, including financial, legal, and strategic aspects. By working with professionals and carefully considering the various options available, small business owners can create a solid plan that ensures a smooth transition and secures the future of their business.

Family Business Succession Planning: Balancing Family and Business Needs

Family businesses are special because they have both family and business parts that need careful planning when thinking about passing the business to the next generation. In these businesses, it’s not always easy to tell where the family part ends and the business part starts, which can make planning for the future more complex. In this article, we’ll talk about how to plan for a family business and how to make sure both the family and the business are taken care of.

Challenges of Family Business Succession Planning

Planning who takes over in family businesses can be tricky. It’s different from other businesses. Some problems they might face include:

Family Dynamics

When family members work together, planning who takes over can be hard. This is because each person might want something different. They might not agree, and this can cause arguments that need to be sorted out.

Emotional Attachments

When family members care a lot about the business, it’s hard for them to make fair choices. They might pick what feels right to them, but it might not be the best for the business.

Business Continuity

Family businesses often have a unique culture and values that need to be preserved. Succession planning must consider the continuity of the business and ensure that the culture and values of the business are preserved.

Balancing Family and Business Needs

When planning for succession in a family business, it is important to balance the needs of the family and the business. Here are some strategies to consider:

Develop a Succession Plan

Making a good plan for who takes over a family business is very important. This plan should have a timeline, explain who does what, and be ready for surprises. It also needs to think about laws, taxes, and how to change the owner and boss.

Address Family Dynamics

Planning who takes over in a family business can be extra tricky because of family issues. Problems like brothers and sisters arguing, or family members who don’t work in the business getting involved, can happen. Sometimes, it’s helpful to have someone from outside, like a helper or peacemaker, to guide through these problems.

Develop a Communication Plan

Talking is very important in family businesses. Make a plan to chat often, maybe in family meetings, about the business’s plans and to sort out any problems. This way, everyone knows what’s happening and there are fewer surprises.

Consider Non-Family Executives

Think about bringing in outside leaders to help run the business when changing who’s in charge. This can make things run smoothly and help the business switch leaders easily.

Address Estate Planning Issues

Planning what happens to the business when someone passes away is very important for family businesses. Making a plan that allows the business to change hands easily and doesn’t have high taxes is key.

Conclusion

Planning who will take over a family business is tricky. It’s important to think about both family feelings and business needs. It’s like making a big plan while also thinking about family talks and what will happen to the business when someone passes away. This helps the business move to the next owner and keeps it safe for the next family members. Family business owners should work with lawyers and money experts to make a plan that fits their needs.

Key Considerations When Planning a Business Succession

It’s important to think about who will run a business in the future. This is called succession planning. Here’s what businesses should think about:

Identify Potential Successors

The first step is to think about who could run the business next. It could be family, people who work there, or even others from outside. It’s good to think about if they know how to run the business and if they really care about it.

Develop a Succession Plan

After deciding who might take over, you need to make a plan. The plan should say when things will happen, who does what, and what to do if things change. The plan should also think about laws and how to change the business owner without too many extra costs.

Address Legal and Tax Issues

Leaving a business means there are rules to follow, and sometimes you have to pay money. It’s a good idea to talk to a lawyer and a money expert about this.

Address Employee Concerns

When a business changes hands, the people who work there might be worried. It’s good to talk to them, maybe give them extra training, or even pay them a bit extra to stay.

Develop a Marketing Plan

If you’re thinking of selling the business, you need a plan to tell possible buyers. This includes letting them know the business is for sale and what makes it good.

Consider Employee Ownership

Some businesses let their workers own a part of it. This means the business is still run by people who care about it a lot.

Develop a Contingency Plan

Sometimes things don’t go as planned. Maybe the main owner gets sick or can’t run the business anymore. It’s good to have a backup plan, like finding someone else to take over or selling the business.

Conclusion

Planning who takes over a business is really important. It’s about making sure the business keeps doing well and that everyone is happy. If you own a business, talk to experts to make the best plan.

The Importance of Business Succession Planning: Ensuring Continuity

Planning who takes over a business, or “business succession planning”, is making a plan for when a business changes hands. A good plan makes sure the business keeps running well and looks after everyone involved, like the owner, workers, and customers. Let’s talk about why this plan is important and how to make one.

Why is Business Succession Planning Important?

Business succession planning is important for several reasons:

Continuity of the Business

A good plan makes sure the business doesn’t stop or have big problems when important people leave. It helps keep customers, the ways the company does things, and the good things about the company’s culture.

Protecting the Interests of the Owners

A plan makes sure that when the owner leaves, everything happens the way they want. This includes how money and things from the business are shared or sold.

Minimizing Disruptions and Disputes

When everyone knows the plan, there’s less arguing or problems. And if there are problems, a plan helps solve them without big fights or costs.

Developing a Business Succession Plan

Developing a comprehensive business succession plan requires careful consideration of several key factors:

Identify Key Personnel

List out the main people in the business, like the owners, managers, or even possible new owners.

Determine the Value of the Business

Understand how much the business is worth. This helps decide how to share or sell things.

Develop a Transition Plan

Write out a plan for how and when changes will happen. Think about who will be in charge and any rules to follow.

Address Family Dynamics

If it’s a family business, talk about any family issues. Maybe some family members don’t work there, or maybe some of them don’t get along. It’s good to plan for this.

Communicate the Plan

Once the plan is made, tell everyone involved. This helps make sure everyone knows what will happen and agrees.

Conclusion

Planning for who takes over a business is really important for all businesses, big or small. It helps keep the business strong, protects the owner, and stops problems. If you have a business, talk to experts like a lawyer or money advisor to help make the best plan for you.

Charitable Giving

Charitable Giving During Life vs. Through Your Estate Plan

Charitable giving is a way to do good and help causes you care about. When you’re thinking about giving, you have two main choices: giving while you’re alive or planning to give after you pass away. In this article, we’ll talk about how these options are different and the good and not-so-good things about each.

Charitable Giving During Life

When you give to charity while you’re alive, it means you’re donating before you pass away. This could be by giving money regularly, just once, or planning gifts like trusts or funds.

There are several benefits to giving during life:

  • Immediate Impact: By giving during life, you can see the impact of your donations firsthand and make a difference in the world right away.
  • Tax Benefits: Charitable donations made during life are tax deductible, meaning you can reduce your taxable income and lower your tax bill.
  • Increased Control: When giving during life, you have greater control over how your donations are used and can ensure they are directed to the causes that matter most to you.
  • Opportunity to Build Relationships: Giving during life can provide opportunities to build relationships with the charity and the individuals involved, leading to further involvement and impact.

Charitable Giving Through Your Estate Plan

When you do charitable giving through your estate plan, you’re giving to a charity using your will, trust, or other planning papers. You might leave a certain amount of money or part of what you own to a charity. You could also make a trust or foundation just for charity.

There are several benefits to giving through your estate plan:

  • Long-Term Impact: Giving through your estate plan can create a lasting legacy of philanthropy and support causes that will continue to make a difference long after you’re gone.
  • Estate Planning Benefits: Charitable donations made through your estate plan can provide important estate planning benefits, such as reducing your taxable estate and lowering your estate tax liability.
  • Flexibility: Giving through your estate plan allows you to maintain control of your assets during your lifetime and change your charitable giving plan as needed.
  • Opportunity for Family Involvement: Giving through your estate plan can provide an opportunity to involve your family in your philanthropic goals and create a shared sense of purpose and legacy.

Considerations When Choosing Your Approach

When deciding whether to give during life or through your estate plan, there are several important factors to consider:

  • Your Goals and Priorities: Consider your philanthropic goals and priorities and how giving during life or through your estate plan can help you achieve those goals.
  • Tax Considerations: Consult with a tax professional to understand the tax benefits and implications of giving during life or through your estate plan.
  • Control and Flexibility: Consider how much control and flexibility you want over your charitable giving and how each approach meets those needs.
  • Estate Planning Goals: Consider how charitable giving fits into your overall estate planning goals and how it can help you achieve those goals.

Conclusion

Giving to charity is a big way to do good things and help what you care about. When you’re deciding if you want to give while you’re alive or through your estate plan, think about why you want to give, taxes, control, and what you want to do with your estate. If you think about all of this, you can pick a way that fits what you believe in and what’s important to you. It can make a nice memory of being kind and caring about the world.

Choosing a Charity: Factors to Consider When Selecting a Cause

Giving to charities is a big part of helping others. It lets people and groups do good things for the world. When you’re picking where to give your money, it’s smart to choose something you care about. But there are a lot of charities out there, which can make it hard to decide. In this article, we’ll talk about things to think about when you’re picking a charity.

Mission and Goals

When you’re choosing a charity, think about what the group wants to do and what they aim for. Find charities with a clear and strong mission that matches what you believe in. Also, check if they have clear plans and ways to reach their goals.

Financial Management

Managing money well is a big thing to think about when you’re picking a charity. Find groups that are good at handling money, and that are open and responsible about how they use it. Look for charities that spend most of their money on programs and helping others, instead of using a lot for things like running the charity or raising funds. Also, make sure the charity gets money from different places and is stable.

Reputation and Credibility

Knowing if a charity is respected and trusted is important. Find groups people think highly of in the community. It’s good if charities have gotten awards or been noticed for the good things they do. You can also check how trustworthy a charity is by looking at how they’re rated on websites that watch over charities. Some excellent websites to check are GuideStar, Charity Navigator, and the Better Business Bureau Wise Giving Alliance.

Geographic Focus

Think about where the charity helps. Some charities focus on the area near them. For example, if you want to help your own community, find a charity that works there. If you care about big global problems like poverty or the environment, look for groups that do things all around the world.

Personal Connection

Lots of folks pick charities that have touched them personally. When you have a personal tie to a charity, it can make your giving feel more meaningful volunteer opportunities. Think about if the charity lets you volunteer. Volunteering can be a nice way to be part of a cause and help your community. Find charities that have good volunteer chances that match what you like to do and are good at.

Conclusion

Picking a charity is a big choice that can change the world. When you choose a charity that fits what you believe in, you can do good things and make a strong mark on the world. It’s like leaving behind a wonderful memory of being kind and caring about others.

Making a Difference: The Benefits of Charitable Giving

Giving to charity is a way to do something good for the world and also for yourself. It can help your money situation and how you feel. Whether you help a group nearby, a big national one, or something global, it can make a big impact on the people who get help and the person who gives it. In this article, we’ll talk about why giving to charity is good and how it can change things for the better.

Making a Difference in the World

One big plus of giving to charity is that it can change things for the better. Your donations can help important stuff like education, health, the environment, and helping after disasters. When you give money, time, or things, it can help people and make the world a nicer place.

Tax Benefits

Donating to charity can also give you some tax perks. If you give to a charity that’s approved, you might lower the amount of taxes you have to pay. This can mean more money in your pocket. Team up with someone who knows about taxes to make sure you’re getting all the benefits you can and following the rules.

Personal Satisfaction

Giving to charity can make you feel great and fulfilled. When you help something you believe in, it can give you a warm feeling inside. It can also make you feel you have a purpose and make your life more meaningful and happy.

Improved Health

Researchers have found that when you give to charity, it can be good for your body and mind. Helping others can lower stress, make you happier, and even improve your health. Also, when you volunteer, you get chances to be around people and be part of your community, which can also make you feel better.

Setting a Positive Example

When you give to charity, you can show others, especially kids, how important it is to help. By doing this, you can teach them about being generous and caring for others. This can make them want to help too, which can make a fantastic impact on the world for a long time.

Conclusion

Giving to charity is a powerful way to do good and also help yourself financially and personally. Whether you’re giving money, time, or things, you can help important stuff and change people’s lives. With help from experts in money and taxes, you can make sure you’re getting the most out of your giving and really changing things for the better.

Maximizing Your Charitable Contributions: Strategies for Giving Smart

Giving to charity is a big part of helping others. It lets people and groups do good things for the world. But when you give, it’s good to be smart about it. You want to make sure your help makes the biggest difference.

Research Charities

Before you give money, spend time checking out what the charity is all about, how they handle money, and what they’ve done before. There are some good places to get info about charities, like GuideStar, Charity Navigator, and the Better Business Bureau Wise Giving Alliance.

Choose Causes That Align with Your Values

When you’re picking where to give your money, choose things that match what you believe in and care about. This way, you can make a bigger difference and feel happier about your giving. Some common things people care about are education, health, nature, fairness, and the arts.

Consider the Impact of Your Contributions

When you’re helping a charity, think about how much good your money can do. Find groups that can prove they’re really making things better and have a good plan for reaching their goals. It’s smart to give to groups that can show how they’re making a real change and using their resources well.

Explore Different Vehicles

You can help charities in lots of ways other than just giving money. Check out different ways to give, like donor-advised funds, charitable trusts, and gift annuities. These ways can give you tax perks, make your help go farther, and bring extra financial benefits for you and your family.

Consider Giving Your Time and Skills

Charitable giving doesn’t always have to involve a financial contribution. Volunteer your time, donate your professional expertise, or offer to serve on a board or committee. Giving your time and skills can be a rewarding way to make a positive impact and connect with others who share your interests.

Plan Your Giving Strategy

To make your charity giving count more, it’s smart to plan ahead. Think about what you want to achieve with your giving, figure out how much you can give each year, and decide how to spread out your donations. It’s a good idea to team up with a skilled financial advisor to create a plan that fits your money goals and what’s most important to you.

Conclusion

When you’re thoughtful about how you give and plan it out, you can really make your donations do more good and feel even better about helping. Look into charities and pick things that match what you believe in. You can really change things for the better and make a memory of being caring and responsible to the world.

Estate Tax

Estate Tax Basics: Understanding the Federal Estate Tax

Estate tax is a charge on passing someone’s belongings to their heirs when they pass away. The national estate tax is a tax on moving property from a person’s estate to the people who inherit it after they’re gone. In this article, we’ll talk about the basics of the national estate tax, like how it works, who has to pay it, and ways to lower how much estate tax you need to pay.

How the Federal Estate Tax Works

The federal estate tax is calculated based on the value of a deceased person’s estate at the time of their death. The tax is imposed on transferring assets to the deceased person’s heirs, including spouses, children, and other relatives.

The current federal estate tax exemption is $11.7 million per person for 2021. This means that the first $11.7 million of a person’s estate is exempt from federal estate tax. For married couples, the exemption is doubled to $23.4 million.

The federal estate tax rate is progressive, meaning that the more valuable the estate, the higher the tax rate. The tax rate ranges from 18% to 40%, depending on the value of the estate.

Who is Subject to the Federal Estate Tax?

Not everyone is subject to the federal estate tax. Only estates that exceed the exemption amount are subject to the tax. However, it’s important to note that some states have their own estate taxes, which may have lower exemption amounts.

In addition, there are certain estate planning strategies that can help reduce or eliminate estate tax liability, such as gifting, charitable giving, and creating trusts.

Strategies for Minimizing Estate Tax Liability

There are several strategies that can minimize estate tax liability, including:

  • Gifting: Gifting means giving your stuff to your heirs while you’re still alive. When you do this, you can lower how much your estate is worth, which might help you pay less estate tax.
  • Charitable Giving: Giving to charity can help lower how much estate tax you have to pay. When you give things to a charity, you might get a tax deduction for it, which can help reduce your estate tax.
  • Irrevocable Life Insurance Trusts: Irrevocable life insurance trusts can help keep the money from life insurance out of what gets taxed in your estate. When you put a life insurance policy into this kind of trust, the money from the policy doesn’t count as part of your estate that gets taxed.
  • Family Limited Partnerships: Family limited partnerships are a way to move things to your heirs while you still have control. When you create one, you can move your stuff to the partnership and give parts of it to your heirs. This might help lower the amount of estate tax you have to pay.

Conclusion

The national estate tax can be a big financial problem for those who inherit, but there are ways to lower how much you have to pay. By learning about the national estate tax and using smart planning methods, people who are giving things to their heirs can make sure it’s done in a way that’s good for taxes. If you’re worried about the national estate tax, it’s a good idea to talk to experts like a lawyer and a financial advisor. They can help you make a plan that covers everything.

Gift Tax vs. Estate Tax: What You Need to Know

When it comes to transferring assets to your heirs, there are two types of taxes to consider: gift tax and estate tax. Both taxes are levied on transferring assets, but they apply in different circumstances and have different rules. In this article, we’ll discuss the differences between gift tax and estate tax, and what you need to know to minimize your tax liability.

Gift Tax

Gift tax is a tax imposed on transferring assets from one person to another during their lifetime. The gift tax applies to both cash and non-cash gifts, such as property, stocks, and bonds. The current federal gift tax exemption is $15,000 per person per year. This means that you can give up to $15,000 to any person without triggering the gift tax. For married couples, the exemption is doubled to $30,000.

If you exceed the annual gift tax exemption, the excess amount is subtracted from your lifetime gift tax exemption, which is $11.7 million. This means that you can give up to $11.7 million in gifts during your lifetime without triggering the gift tax. However, it’s important to note that some states have their own gift taxes, which may have lower exemption amounts.

Estate Tax

Estate tax is a tax imposed on transferring assets from a deceased person’s estate to their heirs. The estate tax applies to both cash and non-cash assets, such as property, stocks, and bonds. The current federal estate tax exemption is $11.7 million per person for 2021. This means that the first $11.7 million of a person’s estate is exempt from federal estate tax. For married couples, the exemption is doubled to $23.4 million.

The federal estate tax rate is progressive, meaning that the more valuable the estate, the higher the tax rate. The tax rate ranges from 18% to 40%, depending on the value of the estate.

Gift Tax vs. Estate Tax: Which Should You Be Concerned About?

Whether you should be more concerned about gift tax or estate tax depends on your individual circumstances. If you have a large estate that exceeds the estate tax exemption, you may be more concerned about estate tax. On the other hand, if you frequently give gifts to others, you may be more concerned about gift tax.

Remember, gift tax and estate tax are linked. The gifts you give while you’re alive can lower how much you can give tax-free when you pass away, which might make your estate tax go up. Also, if your gifts are more than the yearly gift tax limit, you might have to pay gift tax.

Strategies for Minimizing Gift and Estate Tax Liability

There are several strategies that can minimize gift and estate tax liability, including:

  • Annual Exclusions: Take advantage of the annual gift tax exclusion by giving up to $15,000 per person per year.
  • Lifetime Exemption: Consider making larger gifts that are within the lifetime gift tax exemption to reduce your estate tax liability.
  • Charitable Giving: Giving to charity can be a good way to lower how much gift and estate tax you have to pay. When you give stuff to a charity, you might get a tax deduction for the donation, which can lower your tax bill for gifts and estate.
  • Trusts: Creating trusts can be an effective way to transfer assets to heirs while minimizing gift and estate tax liability.

Conclusion

Both gift tax and estate tax are about taxes on giving stuff, but they have different rules and exceptions. Which one you need to worry about more depends on your own situation. If you learn about the rules and exceptions for these taxes and use smart planning methods, you can lower how much tax you have to pay and make sure your finances are taken care of in the best way.

Strategies for Reducing Your Estate Tax Liability

Estate tax is a tax on passing someone’s belongings to their family after they pass away. The national estate tax is a tax on moving stuff from a dead person’s belongings to the people who inherit it. In this article, we’ll talk about ways to lower how much estate tax you have to pay, like giving things away, giving to charity, and making trusts.

Gifting

Gifting is transferring assets to heirs during the grantor’s lifetime. By gifting assets before death, the grantor can reduce the value of their estate and lower their estate tax liability. The current federal gift tax exemption is $15,000 per person per year. This means that you can give up to $15,000 to any person without triggering the gift tax. For married couples, the exemption is doubled to $30,000.

If you exceed the annual gift tax exemption, the excess amount is subtracted from your lifetime gift tax exemption, which is $11.7 million. This means that you can give up to $11.7 million in gifts during your lifetime without triggering the gift tax.

Charitable Giving

Giving to charity can be a good way to lower how much estate tax you have to pay. When you give stuff to a charity, you might get a tax deduction for the donation, which can lower your estate tax. Also, giving to charity can help you do good things and leave a nice memory behind.

Irrevocable Life Insurance Trusts

An irrevocable life insurance trust can help keep life insurance money out of what gets taxed on your estate. When you put a life insurance policy into this type of trust, the money from the policy doesn’t count as part of what gets taxed. This can help lower your estate tax and make sure your heirs get something.

Family Limited Partnerships

Family limited partnerships can help move things to your heirs while you still keep control. When you make one, you can move things to the partnership and give pieces of it to your heirs. This might help lower how much estate tax you have to pay. These partnerships can also help protect your stuff and make sure it’s managed in a way that’s good for taxes.

Qualified Personal Residence Trusts

Qualified personal residence trusts let you pass on your primary home or vacation home to your heirs while paying less gift tax. When you put your property in this kind of trust, you can still use it for a set time, and then it goes to your heirs. This can be a good way to give real estate to your heirs while keeping gift taxes low.

Conclusion

Estate tax can be a big financial problem for those who inherit, but there are ways to lower how much you have to pay. By learning about estate tax and using smart planning methods, people who are giving stuff to their heirs can make sure it’s done in a way that’s good for taxes. If you’re worried about estate tax, it’s a good idea to talk to experts like a lawyer and a financial advisor. They can help you make a plan that covers everything.

Guardianships

Alternatives to Guardianships: Exploring Other Options for Dependents

Guardianships are a key part of planning for what happens if parents can’t care for their kids. They let parents choose who will take care of their children if they can’t. But guardianships might not be the best for all situations. Sometimes, other options could be better. In this article, we’ll talk about some of those options and when they might work better than guardianships.

What is a Guardianship?

A guardianship is when a court picks someone to be responsible for a minor child or an adult who can’t take care of themselves. The guardian is in charge of making choices about the person’s care, education, and how they grow up.

Alternatives to Guardianships

While guardianships are a common and important part of estate planning, there are other alternatives that may be more appropriate. Here are some examples:

Custodial Accounts

Although guardianships are used in estate planning, there are other options that might work better depending on the situation. Here are a few examples:

Trusts

Trusts are legal setups that let a trustee take care of things for someone else, the beneficiary. These can be set up for kids, adults who can’t manage things themselves, or other people who need help. The trustee looks after the assets based on the rules of the trust and can provide for the person’s needs with no guardian appointed by the court.

Power of Attorney

A power of attorney is a paper that gives someone the power to do things for you. A durable power of attorney lets the person keep doing things for you even if you can’t because you’re not well. This can be a good choice instead of a guardianship for an adult who needs someone to make choices for them when they can’t.

Special Needs Trusts

Special needs trusts are made to help someone with special needs. The trustee manages the assets based on the rules of the trust and can provide for the person’s needs without affecting their eligibility for government benefits.

When to Consider Alternatives to Guardianships

There are different options that might work better than guardianships in various situations. Here are a few examples:

  • If the dependent has significant assets that need to be managed.
  • If the dependent has special needs that require specialized care.
  • If the dependent is an incapacitated adult who needs someone to decide on their behalf.
  • If the dependent is a minor child who has a significant amount of financial assets.

It’s important to work with an experienced estate planning attorney to determine the best option for your particular circumstances.

Conclusion

Even though guardianships are a key part of estate planning, they might not be the right choice for everyone who needs care. Sometimes, alternatives like custodial accounts, trusts, powers of attorney, and special needs trusts could work better in certain cases. To find the best solution for your situation, it’s wise to talk to a knowledgeable estate planning attorney who can guide you through the options.

Choosing a Guardian: Factors to Consider When Nominating a Guardian

Picking a guardian for your kids is one of the biggest choices you’ll ever make as a parent. A guardian is someone who will look after your children if you can’t because you’re sick, hurt, or in other situations. In this article, we’ll talk about things you should think about when you’re choosing a guardian for your kids.

Values and Beliefs

The first factor to consider when nominating a guardian is values and beliefs. It’s important to choose someone who shares your values and beliefs and who will raise your children in a manner that aligns with your wishes. For example, if you have specific religious or cultural beliefs, choose a guardian who shares those beliefs.

Parenting Style

Another important thing to think about when picking a guardian is how they raise kids. You want to choose someone who will bring up your children the way you want. This could mean things like how they discipline, the education they provide, and what activities they do. It’s important to pick someone who has a parenting style like yours.

Location

Location is also an important factor to consider when nominating a guardian. Choose someone who lives near your home or who will relocate to care for your children. This can make it easier for your children to maintain relationships with their friends and family members.

Relationship with Children

The relationship between the guardian and your children is also an important factor to consider. You want to choose someone who has a positive and loving relationship with your children. This can help to ensure a smooth transition and make the process less traumatic for your children.

Financial Stability

How financially stable the person is matters too. You want to pick someone who can handle the costs of taking care of your children. This could mean things like having a good place to live, being able to pay for education, and taking care of their health needs.

Age and Health

Age and health are also important factors to consider when nominating a guardian. You want to choose someone who can care for your children for the long-term. It’s important to choose someone who is in good health and who is likely to be around for many years.

Nomination Process

Lastly, think about how the nomination works when you’re picking a guardian. Choose someone who’s okay with being a guardian and who knows what being a guardian involves. It’s key to talk to the person you’re thinking of picking and make sure they’re willing and able to take on this role.

Conclusion

Picking a guardian for your kids is a huge choice that you shouldn’t rush. If you think about things like values, how they raise kids, where they live, how close they are to your children, their money situation, their age and health, and how the nomination works, you can choose a guardian who will look after your kids and bring them up like you want. If you have kids who are minors, talk to a lawyer about nominating a guardian as part of your estate plan.

Contested Guardianships: What Happens When Family Members Disagree

Picking a guardian for your kids is a big part of planning what happens if you can’t care for them. It means someone you trust will look after your kids if you can’t do it because you’re sick or pass away. But sometimes, even with good planning, arguments can happen among family members about who should be the guardian. In this article, we’ll talk about what to do when family members don’t agree about the guardian you’ve chosen and how to deal with a contested guardianship.

What is a Contested Guardianship?

A contested guardianship happens when family members can’t agree on who should be the guardian for a child. This might occur if the person you’ve chosen as the guardian isn’t willing or able to do it, if there are few guardians, or if people don’t see eye-to-eye on what’s best for the child.

The process for resolving a contested guardianship can vary depending on state laws and the specific circumstances of the case. Sometimes, the court may appoint a guardian ad litem to represent the child’s interests. In other cases, the court may hold a hearing to determine the best interests of the child.

How to Handle a Contested Guardianship

If a family member contests your guardianship nomination, it’s important to handle the situation carefully to minimize conflict and protect your child’s interests. Here are some steps you can take:

Communicate with the Contesting Family Member

The initial thing to do is talk to the family member who’s contesting and try to understand why they’re against the choice. Talking might help work out any problems through conversations or finding middle ground.

Seek Mediation

If talking to the family member isn’t working, you might think about getting a mediator involved. A mediator can help with the conversation and negotiations to find a solution to the problem.

Consult with an Attorney

If mediation doesn’t help, it could be time to talk to a lawyer to know what you can legally do. An attorney can tell you about the rules and steps for sorting out a contested guardianship where you live, and they can represent you in court if that’s needed.

Consider the Best Interests of the Child

Throughout this process, the child’s best interests should be the most important thing. This needs to be the primary focus of any choice about guardianship. If there are a few guardians, the court will look at things like how the child and the potential guardian know each other, if the potential guardian is financially and emotionally stable, and what the child wants if they’re old enough to say.

Conclusion

Dealing with contested guardianships can be hard and tricky. If a family member disagrees with your choice of guardian, it’s important to handle things with care and think things through to protect what’s best for your child. By talking to the family member, trying mediation, talking to a lawyer, and keeping the child’s best interests in mind, you can try to find a solution that makes sure someone you trust looks after your child. It’s key to work with an attorney who knows about guardianship and estate planning to make sure your child’s interests are kept in mind the whole way.

Guardianship Designations for Single Parents: Special Considerations

For single parents, one of the biggest choices you’ll make is who will take care of your kids if something happens to you. Picking a guardian is a very important part of planning and can give you peace of mind, knowing your children will be looked after if you can’t do it. In this article, we’ll talk about what single parents should think about when choosing a guardian for their kids.

Identifying Potential Guardians

When you’re deciding who should be a guardian, start by thinking about who could be good options. As a single parent, you might not have as many choices as a couple, but it’s still important to think about everyone who could take care of your kids. This could be family members, friends, or people who your children know well and trust.

It’s important to choose someone who is willing and able to care for your children for the long-term. You should also consider factors such as location, age, and financial stability when choosing a guardian.

Naming Alternate Guardians

In the event that your first choice for a guardian is unable or unwilling to serve, it’s important to name alternate guardians. This can help to ensure that your children are cared for by someone you trust, even if your first choice is unable to serve.

Special Needs Children

If you have a child with special needs, it’s really important to pick a guardian who can take care of their special requirements. This could include things like medical care, therapy, and schooling. Also, think about whether the person you’re considering can actually handle the responsibility of looking after a child with special needs.

Unmarried Partners

If you’re in a serious relationship but not married, you should think about the legal side of choosing them as a guardian. In some places, unmarried partners might not have the same legal rights as married couples. It’s a good idea to work with a lawyer to make sure your plans are followed and your partner can take care of your kids if something happens to you.

Contingency Planning

For single parents, it’s smart to have a backup plan ready for unexpected things like getting sick or hurt. This could mean picking a temporary guardian who can look after your kids until a long-term guardian can be chosen.

Updating Your Designation

Finally, it’s important to review and update your guardianship designation regularly. As your children grow and circumstances change, your wishes may change as well. It’s important to ensure that your designation reflects your current wishes and that your children are cared for by someone you trust.

Conclusion

Choosing guardians is a really important part of estate planning for single parents. If you find potential guardians, pick backups, think about special needs, understand legal rights for unmarried partners, plan for emergencies, and update your choices, you can make sure your kids are cared for by someone you trust if you can’t be there. If you’re a single parent, it’s a good idea to work with a lawyer to include guardianship choices in your estate plan.

Updating Your Guardianship Designation: When and How to Do It

Choosing a guardian for your kids is a key part of planning what happens if you can’t care for them. It means someone you trust will look after your kids if you can’t do it because you’re sick or you pass away. But life can change unexpectedly. It’s smart to keep checking and changing your guardian choice, so it stays up-to-date. In this article, we’ll talk about when and how to update who you pick as a guardian. When to Update Your Guardianship Designation.

There are several situations that might make you want to change who you’ve chosen as a guardian. Some of these situations are:

  • Changes in your personal circumstances, such as divorce or remarriage.
  • Changes in the potential guardian’s circumstances, such as a move to a different state or a change in financial stability.
  • Changes in your child’s circumstances, such as a medical diagnosis or special needs.
  • Changes in your preferences or priorities for your child’s care.

Make sure to keep looking at who you’ve chosen as a guardian to make sure it still matches what you want and what’s happening in your life. It’s a good idea to do this at least once a year, or whenever something big changes in your life.

How to Update Your Guardianship Designation

Updating your guardian choice isn’t too complicated. First, look at who you’ve already picked and figure out what you want to change. This could be the guardian, a backup guardian, or the instructions for how to care for your child.

Once you have determined the changes you want to make, consult with an attorney to ensure that your changes are legally valid. This may involve updating your will or other estate planning documents. Your attorney can also advise you on any legal requirements or implications of your changes.

Once you’ve made the changes, it’s key to tell the people you’ve chosen as potential guardians, as well as other family members or friends who might be involved in your child’s care. You might also want to share a copy of the updated guardian choice with your child’s school, doctors, and others who need to know.

Conclusion

Keeping your guardian choice updated is a crucial aspect of estate planning. By checking and making changes, you can make sure someone you trust will look after your child if you can’t. If you need to update who you’ve picked as a guardian, talk to a lawyer to make sure it’s done the right way and follows the law. By making these updates, you can have peace of mind knowing your child will be cared for just how you want, even if you can’t be there.

What Is a Guardianship Designation and Why Do You Need One?

A guardianship designation is a legal paper that says who will look after your kids if you can’t. It’s a big part of estate planning that can make you feel better and make sure your children will be taken care of if you can’t do it because you’re hurt or pass away. In this article, we’ll talk about what a guardianship designation is and why you should have one.

What is a Guardianship Designation?

A guardianship designation is an official paper that says who will take care of your kids if you can’t. The guardian is to look after your child every day, like making sure they have food, clothes, and a place to stay. The guardian also gets to make important choices for your child, like medical stuff and education.

Why Do You Need a Guardianship Designation?

There are several reasons you need a guardianship designation. First, it ensures that your children are cared for in the event of your incapacitation or death. Without a guardianship designation, the court will appoint a guardian based on state law, which may not align with your wishes.

Plus, a guardianship designation can stop arguments between family members about who should look after the kids. If you say who the guardian is ahead of time, you can avoid fights and make sure things go the way you want.

Finally, a guardianship designation can provide peace of mind. Knowing that someone you trust will care for your children can provide comfort during difficult times.

How to Create a Guardianship Designation

Making a guardianship designation is pretty straightforward. First, figure out who you might want as a guardian. This could be family, friends, or other people you trust. It’s important to pick someone who believes in the same things you do and who you feel good about looking after your kids.

After you know who you’re thinking of as potential guardians, talk to them about it. Make sure they’re okay with being a guardian and that they know what it involves..

Then, get help from a lawyer to write up the guardianship designation. This paper should say who the guardian is, what they can do, what they’re responsible for, and any extra things you want.

Remember, it’s crucial to check and change your guardianship designation often. As your kids get older and stuff changes, what you want might change too.

Conclusion

Creating a guardianship designation is important in estate planning. It can make you feel better and make sure your kids are looked after if you can’t do it. By picking potential guardians, talking to them, and getting a lawyer to write up the guardianship designation, you can make sure things go the way you want and your kids are with someone you trust. If you have kids who are minors, work with a lawyer to make a guardianship designation as part of your estate plan.

Wills

Common Mistakes to Avoid When Creating Your Will

One of the most crucial things you can do for your loved ones is to create a will.. A well-written will ensures that your assets are distributed according to your wishes. It also helps avoid legal disputes among family members. Unfortunately, many people make common mistakes when creating their will. These mistakes lead to unintended consequences and can even invalidate the will. In this article, we’ll discuss some of the most common mistakes to avoid when creating your will.

Mistake #1: Failing to Create a Will

The biggest mistake you can make in estate planning is failing to create a will. Without a will, your assets will be distributed according to state laws, which may not reflect your wishes. This can cause unnecessary legal disputes among your loved ones and may even result in your assets being distributed to people you wouldn’t have chosen.

Mistake #2: Not Updating Your Will

Another common mistake is failing to update your will after major life events, such as marriage, divorce, or the birth of a child. If you don’t update your will to reflect these changes, your assets may be distributed in a way that is not in line with your wishes. It’s important to review your will and make updates as needed.

Mistake #3: Choosing the Wrong Executor

The executor of your will manages your estate and carries out your wishes. Choosing the wrong executor can lead to delays, disputes, and even legal challenges to your will. It’s important to choose someone who is trustworthy and capable of handling the job.

Mistake #4: Not Being Specific Enough

One of the most common mistakes people make when creating their will is not being specific enough about their wishes. Vague language can lead to disputes among family members and may even result in the will being invalidated. It’s important to be as specific as possible when outlining how you want your assets to be distributed.

Mistake #5: Forgetting About Digital Assets

In today’s digital age, it’s important to include your digital assets in your will. This includes things like social media accounts, online banking accounts, and cryptocurrencies. Failure to include these assets can lead to confusion and disputes among your loved ones.

Mistake #6: Neglecting Estate Tax Planning

Estate taxes can take a significant chunk out of your assets. It’s important to plan and minimize the amount of taxes your beneficiaries will have to pay. Failing to consider estate tax planning can cause unnecessary taxes and a smaller inheritance for your loved ones.

Mistake #7: Failing to Consider Guardianship Designations

If you have minor children or dependents, it’s important to name a guardian to take care of them. Failing to consider guardianship can lead to disputes among family members, and may even result in the state choosing a guardian for your children.

Mistake #8: Not Seeking Professional Help

Creating a will can be a complex process, and it’s important to seek the help of a qualified attorney to ensure that your will reflects your wishes. Failure to seek professional help can lead to unintended consequences and even invalidate your will.

In conclusion, creating a will is an essential part of estate planning. It’s important to avoid common mistakes that can lead to legal disputes. Be specific about your wishes, choose the right executor, and seek professional help. This is the best way to ensure that your loved ones are provided for and your assets are distributed according to your wishes.

Contesting a Will: How to Handle Disputes and Legal Challenges

A will is a legal document that outlines how a person’s assets will be distributed after their death. However, sometimes disputes or legal challenges may arise regarding the validity of a will. In this article, we’ll discuss how to handle disputes and legal challenges when contesting a will.

What is Contesting a Will?

Contesting a will is the legal process of challenging the validity of a will. This can be done by beneficiaries, heirs, or other interested parties who believe that the will does not accurately reflect the deceased person’s wishes or that it was created under duress or undue influence.

Grounds for Contesting a Will

There are several grounds for contesting a will, including:

Lack of Testamentary Capacity: If the testator (the person who created the will) lacked the mental capacity to understand the nature of their assets and the consequences of their decisions.

  • Undue Influence: If the testator was influenced by someone to create the will in a certain way.
  • Fraud: If the will was created through fraud, such as a forged signature or false information.
  • Ambiguity: If the language in the will is unclear or ambiguous.
  • Improper Execution: If the will was not executed properly, such as not being signed or witnessed correctly.

Steps to Contesting a Will

If you believe that a will is invalid, you can contest it by taking the following steps:

Get Legal Advice: It’s important to seek the advice of a qualified attorney who specializes in estate planning and probate law. An attorney can advise you on whether you have grounds to contest the will and guide you through the legal process.

  • Gather Evidence: To contest a will, you will need to gather evidence to support your case. This may include medical records, witness testimony, and other documents that support your claim.
  • File a Lawsuit: If you decide to contest a will, you will need to sue in probate court. The lawsuit will outline the grounds for contesting the will and provide evidence to support your case.
  • Attend Court Hearings: You will need to attend court hearings and present your evidence to support your claim. The court will then determine if the will is valid.
  • Appeal the Decision: If you are not satisfied with the court’s decision, you may appeal the decision to a higher court.

Contesting a will can be a complex and emotional process. It’s important to seek the advice of a qualified attorney who can guide you through the legal process. By gathering evidence and suing in probate court, you can contest a will if you believe it is invalid. If you are successful in your claim, the court may invalidate the will or order modification to reflect the testator’s true wishes.

Updating Your Will: How Life Changes Affect Your Estate Plan

Creating a will is an important part of estate planning, but it’s important to keep your will up-to-date as your life changes. Ensure that your will reflects your current wishes and circumstances, as it outlines how your assets will be distributed after your death. In this article, we’ll discuss how life changes can affect your estate plan and when you should update your will.

Marriage or Divorce

Marriage or divorce can have a significant impact on your estate plan. If you get married or remarried, update your will to include your new spouse as a beneficiary or to update your executor. If you get divorced, remove your ex-spouse as a beneficiary or executor.

Birth or Adoption of a Child

The birth or adoption of a child is another life event that may require you to update your will. Add your child as a beneficiary or name a guardian for them in case of your death.

Death of a Beneficiary

If a beneficiary named in your will passes away, update your will to reflect this change. Name a new beneficiary or revise the distribution of your assets.

Change in Financial Circumstances

A change in your financial circumstances may also warrant an update to your will. If you gain a significant amount of money or new assets, update how your assets will be distributed. If you experience financial difficulties, revise your will to reflect this change.

Moving to a New State

If you move to a new state, it’s important to review your will to ensure that it meets the legal requirements of your new state. Estate planning laws vary by state, so it’s important to ensure that your will is binding in your new state.

Changes in Tax Laws

Changes in tax laws can also affect your estate plan. If there are changes to estate tax laws, update your will to minimize the amount of taxes your beneficiaries will have to pay.

When to Update Your Will

It’s important to review your will and make updates as needed. As a general rule, review your will every three to five years or after any major life event. This includes marriage, divorce, the birth or adoption of a child, the death of a beneficiary, a change in financial circumstances, moving to a new state, or changes in tax laws.

It’s also important to seek the help of a qualified attorney when updating your will. An attorney can ensure your changes are binding and that your will reflects your current wishes and circumstances.

In conclusion, updating your will is an important part of estate planning. Life changes can have a significant impact on your estate plan, so it’s important to review your will and make updates as needed. By keeping your will up-to-date, you can ensure your assets are distributed according to your wishes, and that your loved ones are provided for after your death.

Understanding the Legal Requirements of Writing a Valid Will

A will is a legal document that outlines how your assets will be distributed after your death. However, in order for a will to be legally binding, it must meet certain requirements. In this article, we’ll discuss the legal requirements of writing a valid will.

Requirement #1: Mental Capacity

The first requirement for writing a valid will is that you must have the mental capacity to do so. This means that you must understand the nature of your assets and the consequences of your decisions. If you lack the mental capacity to create a will, it may be challenged in court and deemed invalid.

Requirement #2: Age

In most states, you must be at least 18 years old to write a valid will. If you are younger than 18, you may still be able to create a will with the help of a parent or legal guardian.

Requirement #3: Intent

You must have the intent to create a will in order for it to be valid. This means that you must be aware that you are creating a legal document that outlines how your assets will be distributed after your death.

Requirement #4: Formality

A will must meet certain formalities in order to be legally binding. These formalities vary by state, but generally require that the will be in writing, signed by the testator (the person creating the will), and witnessed by at least two people who are not beneficiaries of the will.

Requirement #5: Language

The language used in a will must be clear and unambiguous in order for it to be valid. Vague or ambiguous language can lead to legal disputes among family members and may even result in the will being invalidated.

Requirement #6: Witnesses

In most states, a will must be witnessed by at least two people who are not beneficiaries of the will. The witnesses must be present when the testator signs the will and must sign the will themselves.

Requirement #7: Execution

The will must be executed in accordance with state laws. This may include notarization, self-proving affidavits, or other requirements depending on the state in which you live.

Requirement #8: Revocation

If you create a new will, it will automatically revoke any previous wills you have created. However, it’s important to explicitly revoke any previous wills in your new will to avoid confusion and legal disputes.

Requirement #9: Alterations

If you make any alterations to your will after it has been executed, you must follow certain formalities to ensure that the alterations are legally binding. This may include having the alterations witnessed by two witnesses or creating a new will that revokes the old will.

In conclusion, understanding the legal requirements of writing a valid will is essential for ensuring that your wishes are carried out after your death.

By meeting the requirements for mental capacity, age, intent, formality, language, witnesses, execution, revocation, and alterations, you can create a will that is legally binding and provides for your loved ones. If you have any questions or concerns about creating a will, it’s important to seek the help of a qualified attorney who can guide you through the process and ensure that your wishes are legally binding.

Digital Wills: Managing Your Online Legacy After You’re Gone

In our modern digital era, when we pass away, we leave behind a lot of things online. These could be our social media accounts, email addresses, pictures stored digitally, and even virtual currencies like cryptocurrencies.

Managing your digital legacy after you’re gone is becoming an important aspect of estate planning, and that’s where digital wills come in.

What is a Digital Will?

A digital will is a paper that says what should happen with your online things after you’re gone. It helps you pick who can use your online accounts, how your online stuff should be shared, and any other wishes you have for your digital presence.

Why Do You Need a Digital Will?

There are several reasons you might need a digital will, including:

  • Ensuring Your Wishes Are Carried Out: When you make a digital will, you can make sure your plans for your online stuff happen after you’re gone. This might mean saying who can get into your social media accounts or who gets your virtual money like cryptocurrencies.
  • Avoiding Legal Issues: Without a digital will, your loved one may face legal issues when trying to access your digital accounts or manage your digital assets after your death. A digital will can help avoid these issues and make the process easier for your loved ones.
  • Protecting Your Privacy: With your digital will, you can say what should be done with your online accounts to keep your privacy after you’re not here. For instance, you could ask for your social media accounts to be removed or for your emails to be saved for a certain time.
  • Managing Your Online Reputation: Having a digital will can also take care of your online image after you pass away. You could ask for bad comments or reviews about your business to be taken down or request a certain way to handle your online presence.

What Should You Include in a Digital Will?

A digital will should include the following information:

  • A list of your digital accounts, including usernames and passwords.
  • Instructions on how your digital accounts should be managed after your death, including who should have access to them and how they should be closed or deleted.
  • Any specific requests or instructions you have regarding your digital assets or online presence.
  • The name of the executor of your digital will, who will carry out your wishes.
  • Any other relevant information, such as how to access your computer or other devices.

How Do You Create a Digital Will?

Creating a digital will is a new concept, and the legal requirements for a digital will may vary by state. However, there are some general steps you can follow to create a digital will:

  • Make a list of your digital assets, including usernames and passwords.
  • Decide how you want your digital assets to be managed after your death.
  • Consult with a qualified attorney to ensure your digital will is legally binding and meets the requirements of your state.

Taking care of your digital stuff after you’re not here is becoming a big part of planning what happens after you pass away. With a digital will, you can make sure your online things are taken care of like you want and that your online memory stays the way you want it.

If you have any questions or concerns about creating a digital will, it’s important to seek the help of a qualified attorney who can guide you through the process and ensure your wishes are fulfilled.

Why You Need a Will: Protecting Your Family’s Future

Creating a will is one of the most important things you can do for yourself and your family. Creating a will ensures that you distribute your assets according to your wishes and provide for your loved ones after you pass away..

A lot of folks don’t realize how important it is to make a will. Sometimes they think they don’t need one or they just haven’t done it yet. In this article, we’ll talk about why making a will is really important and how it can keep your family safe in the future.

What is a will?

A will is like a paper that says what should happen to your things after you pass away. It’s a legal thing that helps say who will take care of your stuff and follow your wishes. You can also use it to choose guardians for your kids if they’re still young. It’s a way to say what should happen with your money, property, and other things, and even how you want your funeral or end-of-life stuff to be handled.

Why do you need a will?

Creating a will is important for several reasons. Perhaps the most important reason is it ensures your assets are distributed according to your wishes. If you don’t have a will, the state will distribute your assets according to their intestacy laws. This could mean that they distributed your assets that are not in line with your wishes or that they leave your loved ones with nothing.

Other functions of a will include:

  • Appointing guardians for minor children: If you have minor children, it’s important to name a guardian in your will. This ensures that someone you trust takes care of your children.
  • Avoiding family disputes: By outlining how you want your assets to be distributed, a will helps prevent family members from fighting over them.
  • Reducing the burden on your loved ones: Creating a will can make things easier for your loved ones after you pass away. Without a will, they may have to deal with a lengthy and complicated legal process to distribute your assets and settle your affairs.
  • Minimizing estate taxes: A carefully thought-out will can also help lessen the estate taxes your loved ones need to pay. If you use certain tax planning methods, you can make sure your assets are shared out in a way that’s smart for taxes.

How do you create a will?

Creating a will is a straightforward process, but it’s important to seek the help of a qualified attorney to ensure that your will is legally binding and reflects your wishes.

Here are the steps involved in creating a will:

  • Determine how you want your assets distributed: This includes everything from money and property to belongings and sentimental items.
  • Choose an executor: This is the person responsible for managing your estate and carrying out your wishes.
  • Name guardians for minor children: If you have children under 18, you’ll need to name a guardian to take care of them in case of your death.
  • Specify funeral arrangements and end-of-life care: This includes any specific requests you have for your funeral or memorial service, as well as any end-of-life care preferences.
  • Sign and witness your will: To make your will legally binding, you’ll need to sign it in the presence of witnesses who can attest to your mental capacity and your signature.
  • Review and update your will: It’s important to review your will and make updates as needed. This is especially important if your life circumstances change, such as if you get married, divorced, or have children.

Conclusion

Creating a will is an essential part of protecting your family’s future. By creating a will, you ensure that your assets are distributed according to your wishes and that your minor children are taken care of.

Trusts

Choosing a Trustee: Who Should Manage Your Trust?

Choosing a trustee for your trust is crucial. This person will oversee and manage your assets when you’re not around. They need to be someone dependable and responsible. Here, we’ll explore the traits to consider in a trustee and things to keep in mind during your selection.

Key Traits in a Trustee

  • Reliability: It’s vital that they’re someone you fully trust with your assets.
  • Financial Savvy: They should understand how to manage finances wisely.
  • Well-Organized: Keeping details straight is essential in managing a trust.
  • Communication Skills: They must communicate well with beneficiaries and any other parties connected to the trust.
  • Commitment: They need to dedicate time to manage the trust’s requirements.
  • Objective Judgment: They should prioritize the beneficiaries’ needs, even if it means setting aside personal feelings.

Considerations in Trustee Selection

  • Relationship to Beneficiaries: A close relationship to beneficiaries requires them to be very objective to avoid biases.
  • Location: It’s easier if they live nearby, especially if there are local assets to manage.
  • Age and Wellbeing: Ideally, they should be in good health and likely to manage the trust long-term.
  • Expertise: If the trust has specific assets like a business or property, someone familiar with those is beneficial.
  • Having a Backup: It’s wise to think of an alternative person in case the primary trustee can’t continue their duties.

Thinking About a Professional Trustee

If you don’t have a personal connection suitable for the role, consider a professional entity like a bank. They have the experience and resources to manage trusts effectively. However, they usually come with associated fees.

In Summary

Deciding on your trust’s trustee is a significant step. They play a pivotal role in ensuring that your assets are handled and distributed as you intended. Reflect on the desired qualities, factors to weigh, and if a professional might be a good fit. By making a well-informed decision, you’re securing your trust’s future.

Living Trusts: How They Work and Their Benefits

Have you ever heard of a living trust? It’s a way to keep your stuff safe while you’re alive and make sure it goes to the right people after you’re gone. Let’s learn how it works and why it’s useful.

How Living Trusts Work

  • Making the Box (Trust): First, you write down rules for the box. You pick someone to look after the box (called a “trustee”) and people who will get your stuff later (called “beneficiaries”).
  • Fill the Box: Then, you put your things into the box. Like maybe your house or some money.
  • Using the Box: While you’re still around, you’re the boss of the box. You can use the things inside, and if you change your mind, you can even change the rules or take things out!
  • After You’re Gone: Once you’re not around, the person you picked (the trustee) makes sure the stuff in the box goes to the right people, just like you wanted.

Benefits of Living Trusts

There are several benefits to creating a living trust, including:

  • Avoiding Probate: Normally, when someone’s not around anymore, their stuff can take a long time to reach the right people. With a living trust, things can move faster.
  • Managing Assets During Incapacity: If you get sick and can’t make choices, the person watching your box can help manage your stuff for you.
  • Control Over Asset Distribution: You get to make the rules for your box. So, you decide who gets what.
  • Flexibility: A living trust is a flexible estate planning tool that can be modified or revoked at any time. This means that if your circumstances change, you can modify the terms of the trust to reflect your new wishes.
  • Privacy: Everything you do with your living trust is private. It’s not like a story everyone can read.
  • Protection from Challenges: A living trust can be more difficult to challenge than a will, which can provide added protection for your wishes and the distribution of your assets.

Conclusion

Living trusts are like special boxes to keep your things safe and share them the way you want. They can help things go smoothly for you and the people you care about. If you want to make a living trust, talk to someone who knows a lot about them, like a lawyer. They can help you set it up just right.

Revocable vs. Irrevocable Trusts: Which is Right for You?

Setting up a trust? You might have heard of revocable and irrevocable trusts. Both are tools to help manage your assets, but they work in different ways. Let’s take a closer look at both and see which one might fit you best.

Revocable Trusts (The Flexible One)

Think of a revocable trust as a toy box that you can open, rearrange, and even empty any time you want.

Pros:

  • Changeable: You can change your mind! Add or remove things from the trust whenever you like.
  • Skip the Waiting Game: When you’re no longer around, the stuff in this trust doesn’t need to wait in a long line (called probate) to be given to loved ones.
  • Someone’s Got Your Back: If you can’t make decisions for a while (like if you’re very ill), someone you trust can step in to take care of things.

Cons:

  • Not a Safety Vault: If someone has a legal claim against you (like a debt), they might get to the things inside this trust.
  • Tax Saver? Not Really: This trust won’t save you from estate taxes.

Irrevocable Trusts (The Locked One)

Imagine an irrevocable trust as a sealed box. Once you put something inside and seal it, you can’t take it back.

Pros:

  • Safety Vault: Things inside this trust are safe from most outside claims. It’s like a protective shield.
  • Tax Breaks: This trust can help reduce how much estate taxes might need to be paid when you’re not around.
  • Locked in Stability: With the rules set and unchangeable, there’s little room for disputes about what you intended.

Cons:

  • It’s Final: No take-backs. Once you’ve put something in, it’s there to stay.
  • You’re Not the Boss: You usually can’t be in charge of this trust. Someone else will manage it.
  • It’s Complicated: This isn’t a DIY project. You’ll need expert help to set it up right.

Which is Right for You?

If you value flexibility and control, the revocable trust is your go-to. If protection from creditors, certain tax benefits, or fixed decisions are your top priorities, consider the irrevocable trust.

Remember, it’s always smart to talk with an expert, like an attorney, before deciding. They can help tailor the perfect trust to fit your world.

Trust Administration: What Happens After the Trustmaker Passes Away

When a trustmaker departs from this world, the trust doesn’t just vanish with them. It lives on, ensuring their wishes are honored. But like a ship without its captain, the trust now relies on the trustee to steer it correctly. This journey, termed trust administration, is essential to fulfilling the trustmaker’s intent. Here’s a closer look at this voyage.

Step 1: Notify the Beneficiaries and Creditors

The first anchor drops when beneficiaries and creditors are notified about the trustmaker’s passing. Think of this step as sending out a beacon, letting all relevant parties know that the trustmaker has passed and the administration process is beginning.

Step 2: Inventory and Value the Assets

The trustee’s treasure hunt begins. They identify all assets within the trust. Determining the value of these assets might require the help of experts, like appraisers. It’s akin to getting a trusted map to know the worth of the treasure.

Step 3: Pay Debts and Taxes

Before sharing the treasure (assets), the trust must first settle any outstanding debts and taxes. This is ensuring the ship is seaworthy by patching any holes before setting sail.

Step 4: Distribute the Assets

The treasure, now appraised and freed of debts, is divided among the beneficiaries as per the trustmaker’s wishes. This is the heart of the journey, where the trustmaker’s vision becomes reality.

Step 5: Final Accounting and Closing the Trust

The trustee maintains a detailed log (account) of all transactions. After presenting this to the beneficiaries and obtaining their nod, the trustee can finally close the chapter of the trust.

Challenges in Trust Administration

Disagreements among beneficiaries can cause stormy waters. Unclear directives in the trust or intricate tax scenarios can further complicate matters.

The trustee, acting as the ship’s captain, should seek guidance from skilled navigators (lawyers or financial advisors) to ensure the journey is smooth.

Conclusion

Trust administration is akin to a voyage. It demands vigilance, adherence to the trustmaker’s map (trust document), and occasionally, expert guidance to navigate challenges. Whether you’re the one steering the ship (trustee) or a passenger awaiting their share (beneficiary), knowing the path helps in making the journey less tumultuous and fulfilling the trustmaker’s final wishes.

Special Needs Trusts: Providing for a Loved One’s Future

What is a Special Needs Trust?

A special needs trust is like a savings account. But, it’s not just any savings account. It’s set up for someone with special needs. It helps them have extra money without losing important help from the government.

Two Kinds of Special Needs Trusts:

  • First-Party Trusts: This is when the person with special needs has some extra money, maybe from a gift or an accident settlement. This money is put into the trust. If there’s money left when the person passes away, the government might take some back for the help they gave.
  • Third-Party Trusts: This is when someone else, like a parent or grandparent, puts money into the trust for the person with special needs. This money is to help them. If there’s money left when the person with special needs passes away, it can go to other family members.

Why Are These Trusts Good?

  • Keep Getting Help: Money in the trust doesn’t stop the person from getting help from the government. This is really important for things like medicine or doctor visits.
  • Extra Help: The trust can pay for things that make life better, like special classes or fun trips.
  • Safe Money: The money in the trust is safe. No one can take it away.
  • Peace of Mind: Families can feel good knowing their loved one has this trust to help them.

Conclusion

A special needs trust is a special way to save money for someone with special needs. It helps them have a good life without losing other help they get. If you want to set one up, talking to a lawyer can be a good first step.

Estate Planning Attorneys

Andrew P. Deaver

Andrew P.
Deaver

Partner
Corporate & Business Law, Estate & Trust Planning, Probate & Trust Administration, Special Needs Planning
Howard J. Kaslow

Howard J.
Kaslow

Partner
Corporate & Business Law, Estate & Trust Planning, Probate & Trust Administration
Timothy M. Kenny

Timothy M.
Kenny

Partner
Commercial Lending, Corporate & Business Law, Municipal & Public Sector Law
Thomas J. Malicki

Thomas J.
Malicki

Partner
Corporate & Business Law, Energy Law, Estate & Trust Planning, Mergers & Acquisitions, Probate & Trust Administration
John W. Herdzina

John W.
Herdzina

Attorney
Corporate & Business Law, Franchise Law, Special Needs Planning
Payton R. Hostens

Payton R.
Hostens

Associate
Construction Law, Corporate & Business Law, Energy Law, Estate & Trust Planning, Probate & Trust Administration, Real Estate Law
Alex J. Montoya

Alex J.
Montoya

Associate
Corporate & Business Law, Estate & Trust Planning, Intellectual Property Law, Probate & Trust Administration, Special Needs Planning
Samuel R. O’Neill

Samuel R.
O'Neill

Associate
Corporate & Business Law, Energy Law, Estate & Trust Planning, Probate & Trust Administration