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Preventing Disaster: The No Contest Clause

Preventing Disaster: The No Contest Clause

Articles
One of the biggest concerns that clients share with me is the fear that after they pass their children, or other beneficiaries, will get into nasty fights. Oftentimes, the fights arise from undealt with familial issues and play out with one child vying to get a larger share or take possession of a beloved family heirloom. This fear is all too real a threat as we have seen countless families torn apart by horrible arguments that go against what the parents stated in their plan. In all my years as an attorney, I have found that the best way to deal with these potential problems is to cut them off before they have a chance to become a real issue for the estate. The way to do this is by…
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Show Me the Money: Why Financial Literacy is an Estate Planning Issue

Show Me the Money: Why Financial Literacy is an Estate Planning Issue

Articles, Blog, Estate Planning
Clear communication around money is one of the biggest challenges couples face when they get married. Whether it is dealing with differences in spending priorities, budgeting practices, or relationship to money, it can be difficult getting on (and staying on) the same page. Money is one of the leading causes of divorce in America, with financial problems contributing to somewhere between 20% and 40% of all divorces. When it comes to estate planning, having open conversations and addressing concerns around your finances is critical to making sure your plan works how and when you need it to. The immediate issue for finances and estate planning is funding your trust. You must make sure all your assets are titled appropriately to ensure that your trust has authority over your estate. It…
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Avoiding Family Division

Avoiding Family Division

Blog, Estate Planning
Leave a Legacy of Love, not Feuding Between political strife over the upcoming election, natural disasters that require immediate decisions for the wellbeing of the whole family, and economic concerns it seems that families are faced with more stress than ever before. For many, these stressors heighten the risk of family fights, especially as people make plans for their estate after they pass. As we go through life, we accumulate wealth, assets, and cherished memories that we desire to leave with the people we love most. Few things are as heart-wrenching as a dispute among family members, yet they are all too common when it comes time to distribute an estate. We expect family to be a place of love and relative harmony in our often-tumultuous world, and even the…
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I’ve become a trustee of family member’s trust, now what?

I’ve become a trustee of family member’s trust, now what?

Articles
The job of being a trustee of a trust can be daunting and leave you feeling afraid of the dark, even if you never were before. There are several things you should do that will help you feel more in control. Get a Copy of the Trust and Read It. One of the first things to do is obtain a copy of the trust, if you haven't already, and read it. Even if you don't understand it in its entirety become familiar with the contents, the specific gifts, provisions, powers, and other terms. Make a list of people named in the trust and any assets listed, normally assets are listed on a schedule attached to the end of the trust. Your familiarity with the trust will help you speak with…
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Vacation Homes Offer Tax-Free Income and a Business Deduction

Vacation Homes Offer Tax-Free Income and a Business Deduction

Articles
https://youtu.be/L39ce8y30B4 Did you know the Internal Revenue Code allows for you to earn tax-free rental income on your vacation home? The general rule is that if you rent your property for 14 days or less per calendar year, then the expenses that are not otherwise deductible are considered personal non-deductible expenses. So you can’t take a deduction for utilities, insurance, or maintenance. What is great about the general rule is that the rental income earned for the 14 days or less is Tax-Free!! So the requirement is that you not rent out your vacation home for more than 14 days in a calendar year. As long as you follow this rule, the IRS doesn’t even want to know about it!!A couple of other guidelines: use a reasonable daily rental rate which should…
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Basic Steps To Take When A Loved One Passes

Basic Steps To Take When A Loved One Passes

Articles
Here are some initial basic steps to take when a loved one passes. Always obtain competent legal help from a trusted estate lawyer. There is a great deal of sadness when we lose a loved one. I’ve experienced this in my family and it takes time to gain your bearings. Eventually, you’ll need to address the issues surrounding the administration of the family’s trust. Here is a brief list of items that will help you or the Successor Trustee navigate the administration of a trust. Of course there is no way a thorough explanation can be provided for trust administration. It is simply a starting point. I would highly recommend obtaining an attorney who focuses on trust and estates to help guide you. Locate the Trust, Will, Real Estate Papers,…
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Social Security a Ponzi Scheme???

Social Security a Ponzi Scheme???

Blog
Texas Gov. Rick Perry defended his position that Social Security is like a Ponzi Scheme in his first appearance at the GOP Debate held at the Ronald Reagan Presidential Library. The media has labeled this position from pure lunacy equating Social Security to a criminal activity to courage for speaking the truth. So is it a Ponzi Scheme? If you would like to know the history of a Ponzi Scheme a simple Google search will do. The briefest description of a Ponzi Scheme is where returns for existing investors are paid from funds of new investors and there is the ever increasing need for new investors to keep the scheme going. A Ponzi Scheme is investment fraud. Social Security is not investment fraud. However, when Social Security was enacted in…
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Caring for Aging Parents

Caring for Aging Parents

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As our society ages, the multi-generational household grows and for many families this means they are caring for aging parents, as well as having younger children in the household.  The recession has also been a factor in the growth of the multi-generational family. While caring for aging parents can be financially challenging, there may be some tax deductions available to help alleviate a portion of the financial burden. You should let your tax preparer know that you're providing care for your aging parents. https://youtu.be/Na-KcwCB0Gc Some examples of tax deductions and strategies are: Exemptions: If your aging parent's income (excluding Social Security) doesn't exceed the exemption amount you'll be able to reduce your taxable income by $3,700 (2011 figure). You must provide over half of their support and if they don't…
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Joe Paterno Transfers House to Wife for $1 – Will it Work?

Joe Paterno Transfers House to Wife for $1 – Will it Work?

Blog
The New York Times has reported that Joe Paterno has transferred the ownership in his home to a trust naming his wife as trustee for $1. The transfer took place in July, a few months before the Penn State sexual abuse scandal. Unfortunately, for Joe it may not work and if he's sued and found liable the house could probably be used to satisfy the judgment. This is because there are federal and state laws against "fraudulent conveyances" which is defined as the intent to defraud creditors. The creditor in this situation would be the victims if they're successful in court showing him to be personally liable for the abuse. However, the advice that Joe received is good strategic legal advice. There are many advance estate planning techniques that incorporate…
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One Way to Fight Higher Taxes

One Way to Fight Higher Taxes

Blog
Renouncing Citizenship is One Way to Fight Higher Taxes read more The US Tax Policy is far reaching, to the point that US Citizens are taxed regardless of where they live in the world. Giving up your US Citizenship sounds a little extreme, but there are some people who are just plain tired of being scrutinized for tax evasion and simply being taxed. As well as exhausted by the way the US Government mishandles the tax revenue they do receive.Switzerland has had an increase in applications of Americans seeking to surrender their passports. In 2008, 235 Americans renounced their citizenship. Last year 1,780 gave up their nationality. A 657% increase!! I wonder if anyone inWashingtonis paying attention??? https://youtu.be/Na-KcwCB0Gc This web site is designed for general information only. The information presented…
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