To Have, but Not to Hold? Common Law Marriage and Estate Planning

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Marriage as a legal institution has taken a variety of forms throughout history. As society evolves, how we identify marriage in our society also changes. In some states, a couple may be deemed married without having participated in judicial or religious ceremonies. These marriages are called common law marriages. Their existence creates some potential issues when planning for illness or …

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Can a Disabled Individual Be an Executor or a Trustee?

Rincker LawEstate Planning 1 Comment

An important element of creating an estate plan is choosing a responsible party to handle your legal, medical, and financial affairs if you become unable to manage them yourself (i.e., become incapacitated) or die. The individual or entity you choose must be someone whom you can trust to make crucial and often time-sensitive decisions, who is willing to be detail-oriented …

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Can I Remodel My Own Estate Planning Documents?

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Estate planning is one area that often goes unexamined and neglected. Is it time to remodel your estate plan? If so, is that something that you can (or should) do on your own? Small Estate Planning Updates Upon reviewing your estate planning documents, you may notice a number of seemingly small issues that need to be addressed, but you may …

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What Are the Estate Rights of a Child Born Outside of Marriage?

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Despite the prevailing view, children born to unmarried parents are commonplace. Historically, children in this category were treated poorly by both society and the law. In many cases, they had no right to inherit from either parent. This legal scheme eventually changed and provided means for these children to inherit from their mothers, but rarely their fathers, until the late …

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Benefits of Having Your Business Donate to Charity

Rincker LawEstate Planning 4 Comments

Giving money to charity might seem counterintuitive to those running a for-profit company. However, it is important to keep in mind that charitable giving can not only make a big difference to the recipients of your generosity, but it can also provide a net gain to your business. In addition to the potential tax advantages of charitable giving, donations have …

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Simultaneous Deaths: What If My Spouse and I Die at the Same Time?

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The chances of a married couple dying in a common accident or within a very short time of one another are probably quite slim. However, it does happen. And it happens frequently enough that most states have laws to address the issue and the problems that can arise from simultaneous deaths. What are these laws, why do we need them, …

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Myths and Frequently Asked Questions Planning After Landing Your New Job

Rincker LawEmployment and Labor Law, Estate Planning Leave a Comment

Myth: When my employer hands me a beneficiary designation form for my employer-provided life insurance policy or gives me the link to complete the form online, it is optional and not a priority. This is false. When you are asked to complete a beneficiary designation form, you need to fill it out as soon as possible. If you were to …

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How the Employee Onboarding Process Can Affect Your Estate Plan

Rincker LawEmployment Law, Estate Planning Leave a Comment

Starting a new job is an exciting new chapter in your life. Depending on your company’s onboarding process, there can be a lot of moving parts. You may feel overwhelmed by the introduction and review of the many different types of employee benefits. Not only are there forms to be filled out, they need to be filled out properly to …

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Protecting a Loved one Who Is, Will Be, or Has Been Incarcerated

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It is natural to want to protect our loved ones no matter what. However, you may be finding it difficult to provide a prosperous future for your loved one if that person will be, is, or has been incarcerated. Unfortunately, this event will forever change your loved one’s life, but with the right planning, you may still be able to …

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Wills, Trusts & Dying Intestate: How They Differ

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Most people understand that having some sort of an estate plan is a good thing. However, many of us do not take the first steps to get that estate plan in place because we do not understand the nuances between a will and trust – and dying without either. Here is what will generally happen if you die, intestate (without …

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Discretionary Trusts – How to Protect Your Beneficiaries from Bad Decisions and Outside Influences

Cari RinckerEstate Planning Leave a Comment

Although leaving your hard-earned assets outright to your children, grandchildren, or other beneficiaries after you die may seem like the easiest and most desired form of distribution, this scheme will make their inheritance easy prey for creditors, predators, and divorcing spouses.  Instead, consider using discretionary trusts for the benefit of each of your beneficiaries. What is a Discretionary Trust? A …

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Wondering Whether You Need to Update Your Estate Plan?

Cari RinckerEstate Planning Leave a Comment

Yes, You Do, and Here’s Why Please allow us to be frank. It’s unrealistic to think that a piece of paper you draft, reflecting your life at a certain time, will work when your life has completely changed some years later. We’ll use the Kendrick family as an example. Meet the Kendricks Meet Bill and Karen Kendrick. They got their …

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