We live in a litigious society. Unfortunately, sometimes even family members file lawsuits because they are dissatisfied with what their parents or loved ones leave them in a will or trust. Some are so displeased that they decide to contest or challenge the validity of a will or trust, Continue reading
Author: David Ledbetter
Why You Want to Avoid Intestacy
Maximizing Your Impact: Giving Strategies in Estate Planning
When to Consider a Testamentary Trust
Avoiding probate is one of the main reasons that many people create a revocable living trust during lifetime instead of relying on a will to transfer their money and assets to their beneficiaries after their death. Probate is the court process that proves the validity of the will Continue reading
Bills and Services to Cancel – and Keep – When a Loved One Dies
A loved one’s passing is challenging on many different levels. In addition to the emotional difficulty of processing someone’s death, there are also the many tasks that must be dealt with, such as going through their various accounts and taking the necessary steps to cancel them or Continue reading
Should the Trustee of My Trust Be Different During My Incapacity Than at My Death?
Estate Planning Concerns for the Self-Employed
Being self-employed is no easy endeavor. You are the owner, and in some cases, the only employee. While you may have more freedom than the average worker, you carry a load of responsibilities. Working together, we can craft a comprehensive estate plan that will help you address important Continue reading
What is a Devise in My Estate Plan?
If you are thinking about creating an estate plan, you may hear some new and confusing terms. Although many of us estate planning attorneys try to create planning documents that are readable and easy to understand, we are required to use terms and phrases that are unfamiliar outside Continue reading
What Not to Include in Your Estate Planning Documents
Estate planning is an important process that addresses care of you and your assets during time that you may be incapacitated, and facilitates the transfer of ownership of your assets to your family and loved ones when you pass away. For this transfer to be as stress-free and efficient Continue reading
Estate Planning Lessons from Benjamin Franklin
Estate planning is a crucial process that allows individuals to protect their assets and ensure their wishes are carried out after their passing. Benjamin Franklin, one of the Founding Fathers of the United States, left behind a rich legacy, not only in his accomplishments but also Continue reading
The Importance of Personal Property Planning in Your Estate Plan
When it comes to estate planning, many people tend to focus on creating a will or establishing trusts to distribute their financial assets and real estate. While these are crucial components of a comprehensive estate plan, it’s equally important to consider the distribution of personal Continue reading
Why You Need an Estate Plan for Digital Assets
In today’s increasingly digital world, our lives are intertwined with technology. We rely on smartphones, computers, social media platforms, and online accounts for various aspects of our personal and financial lives. However, many families underestimate the importance of including Continue reading
Investment and Distribution Trustees: Why Would I Need Both?
When creating a trust, it is common to name yourself as the initial trustee who is responsible for all aspects of administering the trust. However, when considering who will act next, when you can no longer act because of illness or death, it is sometimes helpful to divide the responsibilities Continue reading
Estate Planning for Independent College-Bound Children
As our children grow into young adults and prepare for college, their journey towards independence becomes a priority. However, it’s crucial to consider their legal and financial well-being, especially since parents no longer have legal authority over their children once they reach Continue reading
Choosing the Right Trustee for Your Living Trust: Why a Professional Might be the Best Option
Creating a living trust is an excellent way to protect and manage your assets, prepare for your possible incapacity, and provide for your loved ones. One crucial decision you’ll need to make as you establish your trust is selecting a trustee. While you may consider a family member Continue reading
Joint Trusts for Unmarried Couples
Joint trusts are commonly used for married couples, especially in states where there is no state estate tax, where the couple is in a stable relationship, and where they do not have many creditor concerns. Compared to separate trusts, they are easier to fund and manage, allow the Continue reading
The Importance of Planning for Incapacity
As we go through life, we often focus on building our wealth, providing for our loved ones, and planning for the future. However, one critical aspect that is often overlooked is planning for incapacity. None of us can predict when an unexpected accident or illness may strike, leaving Continue reading
Estate Planning for Single Parents and Their Minor Children
As a single parent, you devote countless hours and endless love to raising your children. While your focus may be on their present needs, it’s crucial not to overlook planning for their future. It’s essential to take proactive steps to protect their well-being in the event of unforeseen Continue reading
Planning for Incapacity
As an estate planning attorney, I often see clients who are primarily concerned with planning for the distribution of their assets after they pass away. While this is certainly an important aspect of estate planning, there is another critical area that many people overlook—planning Continue reading
Spousal Lifetime Access Trusts
If you’re a middle-class individual with significant assets, you may be exploring estate planning strategies that can help you protect and pass on your wealth. One option that has gained popularity in recent years is the use of a SLAT, or a spousal lifetime access trust. In this blog Continue reading
Including a Limited Liability Company in Your Estate Plan
There are many legal tools that you might include in your estate plan to protect your hard-earned money and property. One tool that might benefit you is a limited liability company (LLC) that owns some of your accounts and property.
What is a limited liability company?
An LLC is a business Continue reading
Garn-St Germain Act
It is important to let your estate planning attorney know if you own real estate that is subject to a mortgage. Most mortgages include due-on-sale clauses stating that the entire amount of the debt owed on the mortgage is immediately due and payable if the property is transferred. Continue reading
Deathbed Planning
While it may not be pleasant to think about and plan for your death, failure to plan can cause unnecessary stress and grief for those you leave behind after you pass away. If you do not create an estate plan and update it regularly, you also expose yourself to stress and loss of peace Continue reading
Choosing the Right Trustee
Whether you are reviewing your existing trust or creating a new trust, you should understand the important role that a trustee plays, not only in handling trust matters but also in providing for and protecting your loved ones.
What is a trust?
A trust is an agreement between the trustmaker Continue reading
Ways Your Will Can Be Revoked
A will is a foundational estate planning document. Accompanied by other important documents such as healthcare and financial powers of attorney, it is a basic estate plan suitable for many. However, reports have shown for decades that fewer than 50% of US adults have a will. If you Continue reading