Frequently Asked Questions

What do you mean by Estate Planning?
Why are the legal rules pertaining to title so important to planning my estate?
What are the different ways to title property?
What happens if I do not plan my estate?
How can I prevent having an intestate estate?
What is a will?
What is probate?
Are there any advantages of probate?
What are the disadvantages of probate?
Can probate be avoided?
Is there a better way to avoid probate?
What is a Trust?
What is a Testamentary Trust?
What is a Living Trust?
What is a Revocable Living Trust?
How does one place property into a Revocable Living Trust?
What are the benefits of a fully funded Revocable Living Trust?
What instructions can a Revocable Living Trust contain?
What successor trustee instructions should be included in the trust?
What disability instructions should be included in the trust?
What instructions pertaining to the trust's beneficiaries should be included?
Are there any other benefits of having a Revocable Living Trust?
What happens if parents fail to plan for their children?
What issues are involved in planning for minors?
What issues are involved in making lifetime gifts to children or grandchildren?
Who should be named the guardian for minor children?
What issues are involved in leaving assets to minors upon your death?
How can I plan for a child who is disabled or has other special needs?
Are there any problems with creating a special needs trust?
What about adult family members with special needs?
Where do I start?
What if I want different individuals to handle the health care and financial affairs of my loved one?
What kinds of instructions do I need to make?
Why do I need to put a financial plan in place?
What is the role of the financial planner?
How can an estate planning attorney help prevent the loss of government benefits?
How can I leave my loved one an inheritance that will not result in disqualification for benefits?
Why bother with a trust when I can just give money to someone and tell them to use it for my loved one's care?
What are some other reasons to leave assets in a Special Needs Trust?
What are some of the legal consequences of owning property separately rather than as community property?
Are there any other differences between separate and community property?
Are there other differences?
What is a Community Property Agreement?
How do I choose who will take care of my children if something happens to me?
What are the duties of a guardian?
How do I choose a guardian?
How do I nominate and replace a guardian?
Is it important to name a Successor Trustee?
What are the duties and responsibilities of a Successor Trustee?
Who can I select to be a Successor Trustee?
What are the advantages and disadvantages of selecting a family member or friend as Successor Trustee?
What are the advantages and disadvantages of selecting an attorney, CPA, or financial advisor as Successor Trustee?
What are the advantages and disadvantages or selecting a corporate Successor Trustee?
How can a trustee be replaced?
Should more than one Successor Trustee be named?
What is a Power of Attorney?
What if I want my agent to act for me even if I become disabled?
Are there any problems associated with Powers of Attorney?
What is a Healthcare Power of Attorney?
What is a Living Will?
Which Healthcare Directive should I have?
Are there any other healthcare issues to consider?
What is HIPAA and how does it affect me?
Why is planning for the family owned business important?
What causes business succession planning to fail?
How should you establish your succession plan?
How can I remove property from my taxable estate and still personally benefit from it?
What kind of valuation discounts do irrevocable trusts offer?
Can you explain more about the estate tax brackets?
Is there a way for me to protect my life insurance from estate taxes?
What is an ILIT?
What planning opportunities do ILITs provide?
What other details are involved with creating an ILIT?
Can't I just give my life insurance policy to someone instead of creating an ILIT?
Is there a way to avoid the generation skipping tax?
What is a Dynasty Trust?
Can i create a Dynasty Trust in addition to a Revocable Living Trust?
Are there any other uses of Dynasty Trusts?
What are the benefits of creating a Charitable Remainder Trust?
What exactly is a Charitable Remainder Trust?
What makes a CRT so beneficial?
How does this compare with just selling the asset and buying income-producing assets?
Can you provide examples of when a CRT should be considered?
How can I use a CRT to help raise my standard of living?
How can I use a CRT to help pay for my retirement?
How can I use a CRT to assist my elderly parents?
How can I use a CRT to help my grandchildren go to college?
A CRT sounds like a wonderful planning opportunity but are there any drawbacks?
Now that I understand Charitable Remainder Trusts, how do they differ from Charitable Lead Trusts?
How can I use a CLT to benefit my family?
What is asset protection planning?
What asset protection does a Limited Partnership provide?
What is an Offshore Trust?
Why do Offshore Trusts provide better asset protection?
How do you establish an Offshore Trust?
What factors need to be considered before establishing an Offshore Trust?
What are federal estate and gift taxes?
What exactly is a Limited Partnership?
What are the liability protections provided by a Limited Partnership?
What are the tax benefits provided by a Limited Partnership?
What factors need to be considered before establishing a Limited Partnership?
How do I know if a Limited Partnership is right for me?
What is a creditor?
What is a predator?
How do I protect my spouse from creditors?
Does every trust protect my spouse from creditors?
What about protection from predators?
Is a prenuptial agreement really a good idea?
How can I help my spouse insist on a prenuptial agreement?