Asset protection with Joint Tenancy, Tenancy in Common, Tenancy in Entirety & Community Property

Protecting assets by Joint Tenancy, Tenants in Common, Tenancy in Entirety or Community Property have many disadvantages. Loss of step-up in basis upon the death of the first Tenant; loss of estate tax protection; possible exposure of the assets; Joint Tenancy disinherits all other heirs; possibility of a gift tax consequence; Joint Tenancy supersedes any trust with the loss of all trust benefits.

Why a Will is Not Enough to Save Anna Nicole Smith's Baby Daughter?

The assignment of choosing a guardian for your minor children is the most important aspect of having a will. A will also assigns an executor. A will doesn't protect your assets nor avoid the probate. A trust - revocable or irrevocable - needs to be considered. What's the distinction between a revocable trust and irrevocable trust?

Anna Nicole Smith Dies Without a Will - What's a Will? What's a Trust?

Anna Nicole Smith dies without a will. Without a will and a trust Anna Nicole Smith leaves behind many unsettled legal issues including paternal rights to her baby daughter, unsettled case against her late Husband's estate Howard Marshall II. What's a Will? Why is a Will not enough? What are Trusts? What happens at the death of someone with only a Will?

Estate Planning and Trusts

What are estate planning and trusts? What are the differences between federal death (estate) taxes and state probate and death taxes? Explains the relationships of property, insurance, pensions and IRAs and estate taxes.

Medicaid and the Living Trust

Living Trusts are widely advertised in seminars on estate planning. But can they be used if you may have to apply for Medicaid? This article discusses some of the pitfalls.

When Parent and Child Reverse Roles

When we start off in life, our parents provide love and nurturing, as well as the necessities of daily life. As time passes, we grow into adulthood. Our relationship with our parents becomes one of equals, with each providing love and nurturing for the other, while both are self-sufficient. Often, parents reach a stage in their lives when they are no longer self-sufficient, typically due to advanced age or illness.

Estate Planning Decisions: Choosing Trusts - Wills and Lawyers

It is essential to be an informed consumer when buying estate planning services. In doing so, you will be in the best position to make essential decisions in protecting your wealth and family.

Top Asset Protection Strategies

Contrary to popular beliefs, asset protection does not mean hiding assets, and is not a trick to evade authority. Asset protection also does not involve deceptive agreements or fraudulent transfers. It is simply smart and safe financial planning. It uses the cunning of business and tools of financial planning to safe guard your assets from being extracted by outsiders who do not have any right to or claim on your hard earned money.

Choosing Guardians for Children

The most important decision you'll make in your estate plan is appointing guardians for your minor children. Who you pick will impact not only your children but also the lives of your guardians. While you and your children may feel an affinity for a particular adult(s), that relationship could be strained in a 24-hour-a-day, 7-day-a-week environment. Where should you begin in picking a guardian?

Planning Ahead For Your Senior Years

When the diagnosis is Alzheimer's disease, the ability to manage your own affairs will decrease over time. Making adequate, informed decisions about your personal business and your health will become more difficult. But, early legal planning lets you choose a person to manage these things for you, according to your wishes.

The Australian Family Trust Explained

In Australia, a Family Trust (often called a discretionary trust) is set up to hold a family's assets or to conduct a family business. Generally, they are established for asset protection or tax purposes. Christopher Balmford from Cleardocs gives us an overview of how a family trust works and how to set one up.

Powers Of Attorney Vs. Successor Trustees - Does One Have More Power Than The Other

Question: I am listed as the Successor trustee, my bother is listed as the Durable Power of Attorney for property management of my father's estate. Does one have more power than the other. Does the POA have the power to sell my dad's property or do I the successor? Thanks ahead of time - really confused. N.H.

Why Estate Planning Is a Woman's Issue

In a nation consumed with wealth-building, it's easy to forget that earning money is only half the financial security battle. Equally important is protecting our hard-won financial security with a well-designed estate plan. For women, the importance of planning is paramount, because most often women must cope when loved ones become disabled or die.

What is Your Legacy?

How will you be remembered when you are gone?

Beneficiary Controlled Trust Fact Sheet

As middle class estates get larger, and the divorce rate grows, more and more financial planners are utilizing beneficiary controlled trusts to pass inheritance on to future generations without loss to the beneficiary's creditors, ex-spouses, or even the IRS.