Everyone should have an estate plan in place to prevent intestacy. This is the condition that results if you do not express your wishes regarding the way that you want your assets distributed after you die. If you were to pass away without a will or any other estate planning documents expressing your final wishes, the probate court would be forced to sort things out. The court would ultimately order the distribution of the assets using intestate succession laws. Our firm … [Read more...] about How Is My Property Transferred If I Die Intestate?
Estate Planning
What Is Probate?
Briefly and succinctly defined, probate is the legal process of estate administration. Let's look at some of the details, and some of the implications. Personally Held Property You may decide to maintain personal possession of your property throughout your life and arrange for its transfer through the terms of a last will. This is certainly an option that is available to you, and the majority of people go this route. When you create a will you name an executor or personal … [Read more...] about What Is Probate?
Who Can Create a Power of Attorney?
A power of attorney is a legal document that is utilized by a principal or grantor to name an agent or attorney-in-fact. The grantor empowers the agent to act as his or her proxy. When you are planning your estate you leave behind instructions about what should happen after you die. At the same time, you should prepare for the period of time that will precede your death. Many people become incapacitated before they pass away. In the field of estate planning powers of … [Read more...] about Who Can Create a Power of Attorney?
White House Releases 2015 Budget; Estate Tax Changes Proposed
Estate planning attorneys emphasize the fact that planning your estate is a dynamic process. It is not a "one and done" affair. You should create an ongoing relationship with your estate planning lawyer and be prepared to make changes to your plan over the years as things change. Changes to the tax code could render your existing estate plan obsolete. With this in mind, you should be aware of some of the changes to the estate tax parameters that have been proposed within the … [Read more...] about White House Releases 2015 Budget; Estate Tax Changes Proposed
Indianapolis Living Trust Seminars Scheduled for April
Everyone has heard of the last will or last will and testament. You may be under the impression that things are very simple when you use a last will. For this reason you may decide that you are not interested in creating a living trust. The Process of Probate When you state your final wishes in a last will, you name an executor or personal representative. This is the individual who administers the estate. The executor does not have the power to distribute resources to … [Read more...] about Indianapolis Living Trust Seminars Scheduled for April
Philip Seymour Hoffman: Estate Planning Details Emerge
The actor Philip Seymour Hoffman passed away recently, and some news about his estate plan is starting to circulate. The first reports were coming from the website TMZ, and now there is a more comprehensive piece appearing on the New York Daily News website. According to the article, a copy of Hoffman's will, which was executed back in 2004, has surfaced. Philip Seymour Hoffman was apparently estranged from his longtime partner Mimi O'Donnell. In spite of their estrangement, the … [Read more...] about Philip Seymour Hoffman: Estate Planning Details Emerge
Will a Revocable Living Trust in Indianapolis Protect Family Wealth?
There are different trusts that are used to accomplish varying objectives. Sometimes people paint with a broad brush because they have a lack of information. In this post we will look at revocable living trusts in Indianapolis and wealth preservation. Revocable Living Trust in Indianapolis A revocable living trust in Indianapolis is just that, revocable. After you create the trust you are free to revoke or rescind it at any time. Assets that you have conveyed into … [Read more...] about Will a Revocable Living Trust in Indianapolis Protect Family Wealth?
Do I Lose Control of Property I Place Into a Living Trust?
Some people think that you surrender complete control of assets that you place into any type of trust. They go forward with this assumption, and as a result they ignore the possibility of creating a trust. Do you lose control of assets that you place into a trust? This is going to depend on the type of trust that you are utilizing. Let's look at revocable living trusts. Incidents of Ownership Revocable living trusts are commonly used by people who want to avoid … [Read more...] about Do I Lose Control of Property I Place Into a Living Trust?
Do I Pay Taxes When I Inherit Money?
The matter of taxation is logically going to enter your mind if you are inheriting money. Do you have to report your inheritance as income when you file your annual income tax return? In general, the answer to this question is no, assuming there is no appreciation to take into account. If you inherit appreciable resources there are tax implications. This is a somewhat complicated subject that you should discuss with a licensed estate planning attorney. Other Types of … [Read more...] about Do I Pay Taxes When I Inherit Money?
Deadline Extended for Estate Tax Exclusion Portability Opt-In
The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 was passed in December of that year. Among other things, it made the federal estate tax exclusion portable between spouses. Portability was made permanent when the Taxpayer Relief Act of 2012 was passed. What Is Portability? Portability is the ability of a surviving spouse to use the estate tax credit or exclusion that was afforded to his or her deceased spouse. Prior to the 2011 calendar … [Read more...] about Deadline Extended for Estate Tax Exclusion Portability Opt-In
