We frequently get questions asking us about the difference between a will and a trust. While there are several important differences, here are just 2: Differences in Form and Purpose. Your will (“Last Will and Testament”) is a legal document that states your final wishes and gives instructions about how to divide up your property [...]
If you are going to die —and we all are—you might as well do it right. If you die without having made a will, who gets what is left entirely up to your state’s intestacy laws to decide. If you don’t know what that means or what the effect of the intestacy laws would be [...]
When someone dies, we talk about them having died “testate” or “intestate.” If a person dies “testate” that means that they had a will. If they die “intestate,” they died without a will. Why does it matter? Because if you die without a will, the law decides which one of your relatives will get your [...]
In the practice of trusts and estates, we love wills. But we love trusts even more. Why? Because trusts are one of the most flexible estate planning tools we have. Trusts and Estate Planning. Trusts can protect your property, save on estate taxes, and help you avoid probate. Trusts can do many things and they [...]
There are many things to know about trusts and estates— and how taxes affect your estate is one of them. Estate-related Taxes. Depending on the value of your estate, there may be some federal taxes that you do not have to deal with, but for the most part, you or your surviving beneficiaries may have [...]
In estate planning, much depends on making sure that your will is correct in all respects and error-free. So here are some things to keep in mind when it comes to writing your will. Wills Are Critical Documents. Your will is one of the most important documents you will ever execute in your life. A [...]
Decisions, decisions, decisions. You can leave your home to your heirs through your will, of course. Or, you can use a beneficiary deed. Choosing to Leave Your Home Through Your Will. Your Last Will and Testament (“Will”) determines how your property is divided when you die. You can (and most people do) leave your real [...]
If you have any type of retirement account — a 401(k), IRA or pension—estate planning for these accounts is critical. Inherited Retirement Accounts. For tax purposes, retirement accounts are considered to be “income in respect of a decedent.” As such, any amounts withdrawn from non-Roth accounts are subject to income tax at the beneficiary’s ordinary [...]
These days it seems that people will argue over just about anything. When it comes to your estate, avoiding time-consuming and expensive arguments —like will contests—is critical. Below are 3 Tips that will help you to avoid having your estate tied up in a will contest. What is a Will Contest? But before we get [...]
Usually when we mention probate, we are talking about how to avoid it. Today we thought we would give you a peek into the (dreaded) probate process. What Is Probate? Probate is the court-supervised process of distributing your assets to your heirs when you die. If you die leaving property (especially real estate) in [...]
