A Woman’s Place: Why Creating Comprehensive Estate Plans is Crucial for Women

A Woman’s Place: Why Creating Comprehensive Estate Plans is Crucial for Women

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Despite common misconceptions, I have found that women are the driving force in the conversations I have with families about estate plans. In our office, we often communicate primarily with the wife if our clients are married, or a daughter in the case of aging parents. While men actively participate in this work, it is consistently wives, mothers, and daughters who often handle their family’s legal affairs. According to a recent survey, women have an equal say in major financial decisions in seventy-five percent of households.  In homes where one partner is solely responsible for financial decisions, women outnumber men in that role by a four to three margin. This number is astonishing considering that women’s rights to vote, have a credit card, and own property are still relatively fresh…
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Fostering Family Harmony: Leave a Legacy of Love, not Feuding

Fostering Family Harmony: Leave a Legacy of Love, not Feuding

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As life moves forward and we accumulate wealth, assets, and cherished memories, it becomes increasingly crucial to consider how we want our estate to be passed on. 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 thought of that security falling apart may be unsettling. Countless estates are disputed each year, in and out of court. These disputes do not just occur in the families of the rich and famous, though those disputes are more publicized. What can you do to preserve the harmony in your family in passing on your legacy? Here are 5…
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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

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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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Avoid Family Feuds: The No Contest Clause

Avoid Family Feuds: The No Contest Clause

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One of the biggest concerns that clients share with me is 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 including a…
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Rowing Together in the Same Direction

Rowing Together in the Same Direction

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Like many, I am a football enthusiast, especially when it comes to my family’s favorite team, the Dallas Cowboys. For my family, football is not just a leisurely pastime for a Sunday afternoon, it is a key form of bonding and spending quality time together. My brother and I played football when we were in High School and I have since had the joy of cheering on both my sons, Michael and Caleb, as they played the game. I have learned a lot about life from my time playing and watching football. Two of the most important lessons I have learned from sports are the power of Teamwork and Coaching. To begin, I want to share some wisdom I have learned about Teamwork. When it comes to being successful as…
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Social Security a Ponzi Scheme???

Social Security a Ponzi Scheme???

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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?

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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

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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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Death and Taxes for Parent’s of Solider Killed In Action

Death and Taxes for Parent’s of Solider Killed In Action

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https://youtu.be/Na-KcwCB0Gc We’ve all heard the saying that there are only two sure things, “death and taxes.” Unfortunately for the parents of Marine Lance Cpl. Andrew Carpenter, they’ve endured the shock of their son being killed in Afghanistan while serving his country, only to be presented with a tax bill. This seems to take the familiar saying to the extreme!!Lance Cpl. Carpenter had taken out student loans that his parents co-signed. The good news is that student loans that are backed by the federal government are forgiven for deceased veterans.  However, the IRS takes the position that the forgiven indebtedness is taxable income. This is not a new position by the IRS and actually it is part of the Internal Revenue Code which Congress created. Nevertheless the parents of this fallen…
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