Should the Trustee of My Trust Be Different during My Incapacity Than at My Death?

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When you create a trust, choosing a trustee is one of the most important decisions you will make. If you create a revocable living trust—that is, a trust that you establish during your lifetime and can revoke or amend—you may opt to act as trustee for your trust, retaining the full control over and benefit of the money and property …

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Want to Leave Your Retirement Account to Your Minor Child? Consider These Things First

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Your retirement account may be one of the most valuable things you own. Many people consider naming their children as the beneficiaries of these accounts because they think it is a way of easily transferring their wealth if something happens to them. However, there are some factors that make this type of transfer more complicated than you may think, especially …

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Why the Knives May Come Out at Death

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The box office success of the 2019 murder mystery Knives Out led to franchise status, with Glass Onion, the first sequel, released in late 2022. The original Knives Out featured whodunit intrigue surrounding the murder of a wealthy author and surprise changes to his will. While Knives Out endeared itself to fans because of its interesting characters and dramatic plot …

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Don’t Let Your Cryptocurrency Give You and Your Loved Ones Nightmares

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Although cryptocurrency may be one of the latest investment strategies with great potential, for some individuals and their loved ones, investing in cryptocurrency has not gone as planned. The following stories are each a little different, but they all underline one simple warning: if you own cryptocurrency, you need a plan. Impact of Volatility on Estate Administration Matthew Mellon, an …

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Will Our Child Have to Handle Multiple Trusts after Our Deaths?

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When a married couple creates an estate plan using a revocable living trust, they have the option of creating a single joint trust or two separate individual trusts. While the pros and cons of each are beyond the scope of this article, spouses may choose to create separate trusts for a variety of reasons including the following: the desire to …

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Why You May Still Have to Open a Legal Probate Proceeding

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Probate is the legal process for recognizing the validity of a person’s will after their death and appointing the nominated decision maker. This person, also known as an executor or personal representative, administers the deceased person’s estate and ensures that their money and property are transferred to the beneficiaries specified in their will. If someone dies without a will, probate …

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Five Things to Know Before Including a Limited Liability Company in Your Estate Plan

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When it comes to protecting your hard-earned money and property, it is important that you have the right plan, which can include a number of tools for your unique situation. One tool that might benefit you is a limited liability company (LLC) that owns some of your accounts and property. What is a limited liability company? An LLC is a …

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Why a Trust Is the Best Option to Avoid Probate

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Ideally, when someone passes away, the paperwork and material concerns associated with the deceased’s passing are so seamlessly handled (thanks to excellent preparation) that they fade into the background, allowing the family and other loved ones to grieve and remember the deceased in peace. In fact, the whole business of estate planning—or at least a significant piece of it—is concerned …

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Ask Cari: Why Deathbed Planning Might Give You Additional Grief

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None of us likes to think about our own death or enjoys planning for that occasion. However, if you do not create an estate plan or fail to update it regularly, you are likely setting your loved ones up for even more stress and grief after you pass away. It may add to your own stress and impede your peace …

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Can Artificial Intelligence Programs Write Basic Estate Planning Documents?

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With the increased coverage of artificial intelligence (AI) and all of the applications it can have in our everyday lives, some people may wonder whether an AI program can create an estate plan for them. While AI may be able to generate basic estate planning documents, including wills and trusts, there is no guarantee that they will be valid and …

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How Far in Advance Can I Begin My Estate Planning?

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You can create your estate plan at any time, but many people choose to begin the process sooner rather than later. Why? Because you never know when life-changing medical or financial emergencies can strike that will require someone else to manage your affairs during your lifetime. When Should You Start? When to start planning for your estate depends on your …

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What Do I Do If I Want to Undo My Revoked Will?

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When life circumstances change, you may alter the decisions you have made in your estate planning documents. You might choose to revoke your will at some point. But what if you have a change of heart and want to reinstate it? There are different ways to revive a revoked will. Reviving Your Old Will Depending on your state law, you …

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