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Home » Legal Education » Page 2

Legal Education

How Do I Trust Thee…Part II

July 21, 2022 by Stephen Hartnett

When clients undertake Estate Planning, they face the difficult decision of naming one or more individuals to serve in various fiduciary positions. If a client sets up an irrevocable trust during life, the client may prefer to serve as trustee instead of naming a third party. Serving as trustee gives comfort to the trustor that they maintain a level of control over the assets transferred to the irrevocable trust; however, depending upon the provisions of the trust, naming a trustor as trustee of … [Read more...] about How Do I Trust Thee…Part II

Filed Under: Legal Education, Estate Planning

How Do I Trust Thee…Part I

July 19, 2022 by Stephen Hartnett

When clients undertake Estate Planning, they face the difficult decision of naming a trustee after their death. While Estate Planning documents are effective once signed, they often contain provisions regarding what will happen upon the trustor’s death. Because of the application years in advance, the choice of who will serve as trustee often vexes clients. They need to make this decision years in advance of the time that the individual will serve and as we know, circumstances change. This … [Read more...] about How Do I Trust Thee…Part I

Filed Under: Legal Education Tagged With: Estate Planning

What Makes a Will or Trust Invalid

July 7, 2022 by Stephen Hartnett

Clients often worry about the execution of their plan after death. Sometimes, individuals fail to see their complicity in the destruction of their plan. Numerous ways exist to invalidate an Estate Plan. A qualified Estate Planning attorney takes safeguards to protect the plan. Read on to learn more. … [Read more...] about What Makes a Will or Trust Invalid

Filed Under: Legal Education, Estate Planning

How Do I Title Thee…Part 1

July 5, 2022 by Stephen Unsworth

We often consider Estate Planning documents such as a Will, Trust, Property Power of Attorney, and health care documents to be the building blocks of an Estate Plan. While a necessary and important part of Estate Planning, thinking of the documents as the starting point for an Estate Plan skips several important steps. This article is the first in a two-part series. The first part examines the various ways to hold title to assets and the second part examines the effect that title may have on an … [Read more...] about How Do I Title Thee…Part 1

Filed Under: Legal Education, Estate Planning

Business Succession Planning May Be Easier than You Think

May 26, 2022 by Stephen Unsworth

Many Estate Planning attorneys shy away from business succession planning, but if you approach it like you do any other asset, it’s not so scary! First, it’s important to understand that entities involve not just the business relationship, but family relationships as well. Often, businesses start with one or maybe two members of a senior generation who have the funds, desire, and connections to create the business. It’s not always clear, though, what will happen when that senior generation … [Read more...] about Business Succession Planning May Be Easier than You Think

Filed Under: Legal Education, Attorney, Business succession Tagged With: Estate Planning

The Toll of Serving as Fiduciary

May 24, 2022 by Stephen Unsworth

Estate Planning attorneys balance competing interests when helping clients decide who they should name as personal representative and trustee. Some of the factors that a client needs to consider are the nominee’s responsibility, financial savvy, and temperament. These factors influence the fiduciary’s ability to pay debts, expenses, claims, negotiate on behalf of the estate, and to conclude the administration of the estate or trust. While many individuals consider acting in this capacity a great … [Read more...] about The Toll of Serving as Fiduciary

Filed Under: Legal Education Tagged With: Estate Planning

What Estate of Marion Levine Means for Life Insurance

April 28, 2022 by Stephen Hartnett

Life insurance has long been part of Estate Plans, whether used to ensure liquidity for the estate on the death of the insured, or simply as income replacement on the death of the insured. Understanding the impact of life insurance on an estate plan has become critically important. A recent tax court case resulted in a big win for the taxpayer in a complex set of facts which could impact how you incorporate life insurance for your Estate Planning clients. Read on to learn more.  … [Read more...] about What Estate of Marion Levine Means for Life Insurance

Filed Under: Legal Education Tagged With: Estate Planning

Estate Planning – Something You Shouldn’t Do Yourself

April 26, 2022 by Stephen Hartnett

It’s tempting to think that by taking the time to hand-write your Will or preparing a do-it-yourself plan, you can avoid many of the issues that arise with a Will. In fact, the opposite may be true. By handwriting your Will or preparing a do-it-yourself plan, you may be creating more issues for your family. Read on to learn more. … [Read more...] about Estate Planning – Something You Shouldn’t Do Yourself

Filed Under: Legal Education, Estate Planning, consumer

The Evolution of our Unified Estate and Gift Tax System

February 24, 2022 by Stephen Hartnett

Many individuals think that if their estate is below a certain amount that they need not be concerned with Estate Planning.  As this article demonstrates, because the Estate Tax evolves constantly, it’s important to talk with a professional to create a plan to accomplish your goals.  Read on to learn more. … [Read more...] about The Evolution of our Unified Estate and Gift Tax System

Filed Under: Legal Education Tagged With: Estate Planning

The Intersection of Legacy Contacts and Estate Planning

February 17, 2022 by Stephen Hartnett

As more and more individuals get comfortable in the digital world, Estate Planning has changed to address the collection and transfer of digital assets.  The widespread use of a legacy contact allows owners of digital content to determine what will happen with it after they die.  Read on to learn more. … [Read more...] about The Intersection of Legacy Contacts and Estate Planning

Filed Under: Legal Education, technology Tagged With: Estate Planning

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