Do not stop contributing to your retirement account
In light of the recent chaos in US and world financial markets, it is easy to understand the temptation to return to a “money under the mattress” saving plan. It may seem counter-intuitive to continue investing given the uncertainty, but contributing should still be an important part of your estate planning.
Do you need asset protection?
Asset protection is the process by which both business and personal assets are organized so that they are protected from future creditors. This both shields your assets and discourages creditors from pursuing judgments against you. Asset protection, while valuable to everyone, is most necessary for certain types of individuals. These include: • Business owners; •…
A living trust is an important supplement to a Will
Living trusts are becoming an increasingly popular addition to estate plans. Living trusts are attractive because they allow you to avoid probate – the court supervised process by which estates are administered. With a living trust, assets are transferred directly to the beneficiaries named in the trust, and the trust simply ceases to exist once all assets have been distributed.
Understand what trusts can be used for asset protection
A trusts can be used for asset protection, but it must be the right type of trust. A living trust may not shield your assets because it is revocable. That is, you can change the terms at any time. Courts have held that since you have access to your revocable trust, creditors should be able to have access, too.
Use Family Limited Partnerships carefully
A Family Limited Partnership, as its name implies, is an arrangement where a family forms a limited partnership to hold family businesses and investments. In this arrangement, parents can make “gifts” of partnership interests to their children. The benefits of a Family Limited Partnership include asset protection and discounts for estate and gift taxes.
Review your estate plan regularly
One of the important things to remember about your estate plan is that most of the documents contained within it, like your Will, can be amended to reflect changing circumstances. Many people think that they need to put off estate planning until marriage, or having children or some other major life-changing event because they do…
Take advantage of the new rollover rules for non-spousal heirs
The recovery plan enacted last December contains a new rule about the eligibility of non-spousal heirs to receive 401K benefits. Previously, children, siblings and other family members were subject to rules that forced them to cash out, and pay taxes on, an inherited 401K plan within 1-5 years – a rule than never applied to…
Discuss your plans with your family
Too many people assume that they are on the same page with other members of their family when it comes to estate planning and planning for the care of minor children or children with special needs. However, this is not always the case. One of the first things a family should do when preparing an…
Several ways to fund your trust
Establishing an estate plan is just the first step in preparing for your future care and the future care of your loved ones. If you have chosen to set up a trust for tax and probate purposes, it is important to stick to a regular schedule of funding your trust. Funding your trust is the…
Why is it important to keep public benefits?
People who leave a large sum of money to a loved one with a disability are always doing so with the best intention at heart. On its face, a lump sum in the tens or hundreds of thousands of dollars seems like a gift that will help care for your loved one for a long time. However, this is not always the case.
