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Estate planning is important regardless
of the size of your estate. Following are some common matters
related to estate planning.
Living Trusts
A trust is
a legal entity that can own property, much like a corporation is a
legal entity that can own property. The trustee named in the trust
document manages the trust assets, and can sell trust assets, invest
the assets, collect income, and pay bills. The beneficiaries of the
trust receive income and principal of the trust at the times set
forth in the trust document, according to the instructions given to
the trustee in the trust document. The "settlor" or "trustor" is the
person who creates the trust. In estate planning, two types of
trusts are generally used, namely "living trusts" (sometimes called
"inter vivos" trusts) and "testamentary trusts." Usually trusts for
estate planning are "revocable," but some trusts, such as those
designed to own life insurance, may be "irrevocable."
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Estate Taxes
Currently,
estates under $2 million are not subject to estate taxes. Please see my
Estate Tax Table
for an overview of
Federal estate and gift taxes.
Probate FAQs
What is it? How do you avoid it? How long does it take?
What does it cost?
Get answers to common questions.
Heirs-at-Law
If a person
dies without a will, their estate is distributed to their
heirs-at-law.
Advance Health Care Directives
You
have the right to give instructions about your own health care. You
also have the right to name someone else to make health care
decisions for you. An Advance Health Care Directive lets you do
either or both of these things.
Learn More
Uniform Statutory Power of Attorney
A Power of
Attorney allows you (the "principal") to grant property management
powers to an agent or agents. A Power of Attorney may be "durable" which
means that it is effective even if the principal becomes
incapacitated. It may be effective immediately, or it may "spring" into
effect only if the principal becomes incapacitated. A Power of Attorney
is no longer effective after the principal's death.
Learn
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