Planning for all families begins with the same foundational estate planning steps. However, if you are a non traditional family or in a same sex relationship additional steps are necessary to ensure your loved ones are protected and your wishes followed. If you want your partner, instead of your biological relatives, to make decisions on your behalf additional steps need to be taken. The first step to consider is Read More
What Happens in a Property Transfer?
The death of a loved one can bring a great deal of stress and confusion into the survivor’s life. What is to be done with the home, furnishings, financial accounts and pets? Who is responsible and how does it get done? When someone dies any property owned must be transferred to a new owner. This transfer takes a variety of forms and which form depends in part on what the deceased owned. Some property can be Read More
Planning for Non-Traditional Families
While the need for proper estate planning is the same for both traditional and non-traditional families, some of the planning techniques used are different. Same sex couples are not treated the same as traditional married couples for many purposes and while these differences in treatment present challenges, they are not insurmountable with proper planning. Same sex couples, just like opposite sex couples, must have Read More
Define Your Estate
The most basic definition of estate is everything you own. This includes tangible items like a house, car, boat and furnishings. It also includes intangible items like investments, bank accounts, 401K’s and IRA’s. When defining your estate for planning purposes there are two categories of assets. They are probate and non probate. Probate assets are assets that come under the jurisdiction of the court at the time Read More
Estate Planning for Pets
In some households pets are key members of the family and any estate plan that doesn't address their needs would be found incomplete. An important first step in this process is to discuss your desires with the person you wish to care for your animals after you are gone. There are several questions you should ask yourself and discuss with the potential caregiver. Will you care for my pets? Is there a limit on Read More
Overview of Trusts
A trust is a separate legal entity created for a defined purpose. In estate planning that purpose is often to reduce a taxable estate or to care for loved ones who are unable to manage their finances. Trusts can be a great tool to accomplish your goals. The person who creates the trust is called the grantor or settler. The trust is created as either a revocable or irrevocable trust. If a trust is revocable the Read More
Difference Between Community Property and Separate Property
What is separate property? Separate property is property acquired before marriage. It is also property acquired during marriage by gift, devise, or descent; and recovery for personal injuries by a spouse during marriage except for recovery for loss of earning capacity during marriage. Property received by devise or descent is property received from the estate of a person who has died. For example, if a relative Read More
What Happens When You Die Without a Will?
As discussed previously a properly drafted will answers four key questions. Who will manage your estate? Where will your property go? Who will care for your dependents? Have your unique needs been met? To help understand the impact of failing to have a will we review these questions looking from the perspective of the Jones family. The Joneses decided the kids were old enough to leave with Grandma while they Read More
Issues to Consider When Forming a Limited Liability Company
When you create an LLC you are creating an entity that is completely separate from the owners who are called members. The LLC will continue to exist until dissolved. The LLC combines many of the strengths of both corporations and partnerships. The members have liability protections similar to a corporation. They are shielded from liability for the LLC’s debts, obligations and liabilities. However, they have the Read More
Frequently Asked Questions About Estate Planning
What happens if someone dies without a Will? When someone dies without a will the courts look to the probate code which are statutes addressing the estate of those who have passed both with and without a will. The state statutes define who will be considered as an executor absent a will. The statutes define who will inherit and include a complex formula for addressing both community and separate property and the Read More
