LexisNexis AnswerGuide New York Surrogate's Court 2009

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Trusts may be difficult to establish, as well as costly and time consuming. If improperly created or incorrectly funded, a trust can be more burdensome than helpful to an estate. It is not uncommon for a substantial portion of their net worth to consist of illiquid, unmarketable and hard to value assets with substantial upside potential. My family will forever be thankful to Joni for giving my brother peace of mind in his final days.

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What to Do When a Loved One Dies

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We also help protect the elderly who are exploited or victims of elder abuse. The certification form need not include the dispositive terms and third parties are entitled to rely on the statutory certification. We help our clients plan for the possibility of their disability through trusts, powers of attorney for property (durable powers of attorney) and powers of attorney for health care and other health care directives. Upon the death of a client or the termination of a client’s trust, our dedicated and experienced paralegals work under an attorney’s supervision to prepare the legal documents necessary to settle the estate and carry out our client's wishes.

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The Law of Succession

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You can put all kinds of assets into a trust, including savings accounts, stocks, bonds, real estate and personal property. A release by a beneficiary of a trustee concerning administration of a trust will often be voidable unless it is fair and reasonable under the circumstances, with the burden of proof as to reasonableness and fairness on the trustee. D. from the University of Richmond, where he earned honors for his work in Professional Responsibility and Elder Law. This is an important decision, so carefully consider your selection of an agent. more… A healthcare power of attorney designates a person or persons who are eligible to act on your behalf if you become incapacitated or otherwise unable to communicate.

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Surviving Probate: A Practical Guide for Executors and

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She helps you leverage the appropriate techniques and devices to save significant amounts of money in New Jersey taxes. A beneficiary is the person, institution or organization that receives the proceeds from a trust or from an insurance policy when the insured dies. Our attorneys can make sure that your assets pass to the next generation in the most efficient and cost effective manner. I was working with a client who had a trust prepared by your office.

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Where there's a Will...there's a Way...: An easy to read

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In the probate process, your Tulsa probate attorney drafts and files key probate documents. Such a trust is normally called a testamentary trust, and has no vitality or effect until the probate of the decedent's will. Almost anyone with an estate of $100,000 or more can benefit from having a living trust. Important estate planning documents include: We charge a flat fee for our estate planning services. Federal Gift Tax Rules in Medicaid Asset Protection & Estate Planning: The federal gift tax rules apply to the transfer by gift of any property.

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Purpose Trusts

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Death is a difficult time for all concerned and few are equipped to cope with all the legal and financial consequences of death. A charitable trust, on the other hand, is used to benefit a particular charity or cause. My View Full → Kevin is always friendly and easy to talk to. Very professional.” Things went smoothly because of you!! “Just wanted to thank you all for the professional way you handled my parent’s trust and estate.

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Hanbury and Martin: Modern Equity, Ise

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The property in the B trust is never considered part of the surviving spouse's estate. There are two kinds of powers of attorney that are commonly used – those for healthcare and those for financial decisions, which are both discussed below. Also, the appreciated assets in the trust aren’t subject to estate taxes. Carol Elias Zolla is only licensed to practice law in the State of California, and will not advise anyone on the laws of any other state. Thinking your state will handle everything.

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Disclaimers in Estate Planning

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The Executor is responsible for filing final tax returns, identifying and notifying creditors, paying final debts and taxes from the assets of your estate, and finally, distributing your assets to your beneficiaries. The existence of such a duty determines whether the attorney may be held liable for malpractice by the nonclient beneficiaries. A trust governed by California law that has no significant foreign contacts could be unintentionally classified as a foreign trust for income tax purposes.

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New York Estate Planning, Wills, and Trusts Library: Forms

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If the income is a percentage of the trust assets and the amount of income you receive fluctuates each year, the trust is a GRUT (Grantor Retained Unitrust). We view estate planning as a life-long process that involves educating younger generations of family members about the family’s values and gradually developing in them the skills to manage their personal finances and investments and, where appropriate, eventually to assume responsibility for participating in the administration of family trusts and other entities, whether as trustee, advisor or beneficiary.

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Asset Protection Strategies: Wealth Preservation Planning

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Are there any other descendants you haven’t yet mentioned? A number of clients have told me that they waited until all of their children were grown to discuss estate planning because they couldn’t figure out whom to name as a guardian. We will explore the benefits and shortcomings of each tool and how it may fit into your estate planning. This article discusses the value of a medical-legal evaluation of decision-making capacity by an expert in mental illness.

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