Responsibilities of Trustees and Executors

Being a trustee and/or executor requires putting the interest of the beneficiary over your own interests, no matter what. The person in charge of managing a trust, the trustee, has a fiduciary duty to the beneficiary, which is described by the terms of the trust. This...

Does Your Estate Have to Go Through Probate?

Probate is a court-supervised process intended to ensure the validity of a lasts will and to protect the distribution of assets after a person has died. If there is no last will, probate still takes place, according to the article “Probate—Courts protecting you after...

What Should a Power of Attorney Include?

The pandemic has taught us how swiftly our lives can change, and interest in having a power of attorney (POA) has increased as a result. But you need to know how this powerful document is and what it’s limits are. A recent article from Forbes titled “4 Power of...

Revocable Trust or Irrevocable Trust?

There are important differences between revocable and irrevocable trusts. One of the biggest differences is the amount of control you have over assets, as explained in the article “What to Consider When Deciding Between a Revocable and Irrevocable Trust” from...

Second Marriage Estate Planning?

AARP’s recent article entitled “Remarried with Children? 5 Estate Planning Mistakes to Avoid” says that most  mean well and want their spouse to inherit their possessions when they die, then want their heirs to split what’s left when the spouse dies. Here are...

Inheriting a House with a Mortgage?

Did you know that the word “mortgage” is taken from a French term meaning “death pledge?” A recent article titled “What happens to your mortgage when you die?” from bankrate.com explains the options for homeowners who wonder what might happen to their home, mortgage...

How to Stop Heirs from Wasting an Inheritance?

This is a problem solved by a trust—a “spendthrift” trust. With a spendthrift provision in a testamentary trust created under a will or an inheritance trust created under a revocable living trust, the trustee makes all decisions about distributions. This can be an...

How Do You Split Estate in a Blended Family?

When it comes to a blended family and estate planning, there are no guarantees, and things can get particularly tricky when it comes to estate planning. However, there are some classic mistakes to avoid, reports this recent article from AARP titled “Remarried With...

What are the Estate Planning Essentials?

There are eight estate planning essentials that can help you get your affairs in order. According to msn.com’s recent article entitled “8 Documents That Are Essential to Planning Your Estate,” if that sounds like a lot of work, know that you may not need every...

I’m My Parents’ Power of Attorney but What Now?

A durable power of attorney is frequently signed by aging parents. However, sometimes the elderly can misunderstand exactly what that entails, especially when it comes to the authority of the person given decision-making powers. The person appointed (called the agent...