Estate Planning

Personal injury lawsuits can include years of litigation, so when a plaintiff receives a settlement in a personal injury case, he or she might believe that everything is resolved. However,

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When was the last time you reviewed your estate plan? 

Once you have completed estate planning documents, it is easy to move on and forget to come back to them for updates.  Periodically, it is a wise to review your estate plan to ensure your documents reflect your current wishes.  This is especially true if you have had a significant life event occur since your documents were created. 

Some life events that may require an update to your will or trust include, but are not limited to:

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Your family-owned business is not just one of your most significant assets, it is also your legacy.  Protect both by implementing a transition plan to arrange for transfer to your children or other loved ones upon your retirement or death.

More than 70 percent of family businesses do not survive the transition to the next generation.  Ensuring your family does not fall victim to the same fate requires a unique combination of proper estate and tax planning, business acumen and common-sense communication with those closest to you.  Below are some steps you can take today to make sure your family business continues from generation to generation:

• Meet with an estate planning attorney to develop a comprehensive plan that accounts for issues related to both the transfer of your assets and estate taxes.
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Every family should establish a clear plan to handle an emergency that occurs during school hours.  Unfortunately, many parents mistakenly believe that filling out the school’s emergency card is sufficient.  Sadly, this practice falls far short of what is truly necessary to protect your children in the event something tragic happens to you during the school day.

The emergency card only gives permission for certain named individuals to pick up your children if they are sick, but does not authorize them to take short-term custody if one or both parents are killed or become incapacitated.  Without having alternate arrangements in place, children in this situation would likely end up spending at least some time with social services.
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If you are about to begin the estate planning process, you have likely heard the term "funding the trust" thrown around a great deal. What does this mean? And what will happen if you fail to fund the trust?

The phrase, or term, "funding the trust" refers to the process of titling your assets into your trust, such as a revocable living trust. A revocable living trust is a common estate planning document and one which you may choose to incorporate into your own estate planning. Sometimes such a trust may be referred to as a "will substitute" because the dispositive terms of your estate plan will be contained within the trust instead of the will. A revocable living trust will allow you to have your affairs bypass the probate court upon your death, using a revocable living trust will help accomplish that goal.
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Becoming a new parent is a life changing experience, and caring for a child is an awesome responsibility as well as a joy. This is also the time to think about your child's future by asking an important question: who will care for your child if you become disabled or die? The best way to put your mind at ease is by having an estate plan.

The most basic estate planning tool is a Will, which enables you to determine how your assets will be distributed after death. Without this important estate planning tool, the state's intestacy laws will govern how your assets will be distributed. In addition, decisions about who will care for your minor children will be made by the court. For this reason, it is crucial for new parents to have a Will and to designate who you want as guardian for your minor children.

In this regard, selecting guardians involves a number of important considerations. Obviously, it is important to name individuals who are emotionally and financially capable of raising a child. At the same time, a Will can also establish a trust that provides funds to be used to provide for the child's needs. Ultimately, guardians should share the same moral and spiritual values, as well as childrearing philosophy of the parents.

In addition to naming guardians in your Will or separate designation of guardian document, it is also critical to plan for the possibility of incapacity by creating powers of attorney and advance medical directives. A durable power of attorney allows a new parent to name a spouse, or other trusted relative or friend, to handle financial affairs. Further, a medical power of attorney designates a trusted person to make medical decisions in accordance with the parent's preferences.

Finally, new parents should also obtain adequate life insurance to protect the family. The proceeds from an insurance policy can replace lost income, pay household and living expenses, as well as any debts that may have been owed by the deceased parent. It is also important to ensure that beneficiary designations on any retirement accounts are up to date so that these assets can be transferred expediently.

In the end, having a child is a time of joy, but also one that requires careful planning. The best way to protect your family is by consulting with an experienced estate planning attorney who can help you navigate the process. 

Do you want to leave a legacy that creates compounding wealth for your loved ones?

Your retirement funds can be your legacy-producing secret weapon. 

For many Americans, retirement accounts comprise a substantial portion of their wealth. Yet, few people think about utilizing their retirement assets to provide for generational wealth.  Statistics bear out the sad fact that most beneficiaries see these inherited funds as a windfall and choose to withdraw all your hard-earned money within 18 months of your death, usually at the highest tax rate and blowing one of the best opportunities they have for wealth generation.  However, when properly transferred, your retirement assets can be one of the greatest opportunities for wealth building available under the tax laws.

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In the unsettled time after a loved one’s death, imagine the added stress on the family if the loved one died without a Will or any instructions on distributing his or her assets.  Now, imagine the even greater stress to grieving survivors if they know a Will exists, but they cannot find it!  It is not enough to prepare a Will and other estate planning documents like trusts. To ensure that your family clearly understands your wishes after death, you must also take good care to preserve and protect all of your estate planning documents.

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A tax basis is essentially the purchase price of a piece of property. Whenever that property is sold, the seller must pay taxes on the difference between the sale price and the original purchase price.  This concept applies to all property, including stocks, bonds, vehicles, mechanical equipment, and real estate.  If debts are assumed along with the purchase price, the principal amount of the debt will be included in the basis.  The basis can be adjusted downwards when a person deducts depreciation costs on his or her income tax returns, and may be increased for capital investments towards improving the property that are not deducted for income tax purposes.  Selling a property that has been held for a long time can carry a serious tax burden, particularly when real estate prices have increased substantially.

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During the estate planning process, your attorney will draft a number of legal documents such as a will, trust and power of attorney which will help you accomplish your goals.  While these legal documents are required for effective planning, they may not sufficiently convey your thoughts and wishes to your loved ones in your own words.

A non-binding letter of instruction is a great compliment to your “formal” estate plan, allowing you to outline your wishes with your own voice.  

There is no set format as to what to include in this document, though there are a number of common themes.  First, you may wish to explain, in your own words, the reasoning for your personal preferences for medical care, especially near the end of life.
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