Sure, billionaires may have trusts for charitable gifting, inter-generational wealth transfer, and asset protection purposes, but for many families, trusts assist in more mundane circumstances, too. They can be useful tools for managing judicial awards or settlements from law suits. Leaving all assets outright to 18 year olds – even if these assets are not […]
Estate Planning Myth #8: Prenuptial Agreements aren’t estate planning
May 6, 2014
Why on earth is she talking about prenups in an estate planning blog?! Well, estate planning and ante-nuptial agreements go hand in hand, especially in second marriages and legacy planning. The prenup sets the minimum expectations and ground rules upon which the newlyweds can do more for each other and each other’s families. Existing prenuptial […]
Estate Planning Myth #7: Gift Taxes?! I don’t make taxable gifts.
April 30, 2014
Many clients are familiar with the gift tax exclusion and understand that their small gifts (even to organizations that are not tax-exempt) will not be subject to gift tax. Where there tends to be confusion is around the concepts of what is a taxable gift and what is not, and valuation of the gift. These […]
Identity Theft: How to Catch It and Protect Yourself if It Happens to You
April 28, 2014
Heartbleed may be the largest security breach in Internet history, but it is certainly not the last. It reminds us that our personal information is vulnerable to invasion. Unfortunately, identity theft continues to be a prevalent but insidious crime. How do you catch it, and what do you do if it happens to you? Here […]
Estate Planning Myth #6: I must avoid probate
April 24, 2014
This issue varies significantly based upon where you live. In Minnesota, unlike some other jurisdictions, the probate avoidance opportunity doesn’t always rise to the level of necessity. The benefits of avoiding probate include: not incurring the time delay, avoiding the expense of court filing fees or attorney’s fees for opening the probate and administering the […]
Estate Planning Myth #5: Equal is Fair
April 22, 2014
I have noticed that many clients use the words “equal” and “fair” interchangeably in the discussion around leaving assets (especially to children and grandchildren). Unfortunately, when thinking through the ramifications of equal treatment, it often starts to not look as fair to all takers. One example involves the family business where one of the client’s […]
Estate Planning Myth #4: Anyone can write a simple will
April 16, 2014
This is somewhat correct: I clearly remember reading anomalous cases in law school about concepts like Holographic Wills and whether something as simple as “I leave everything to my wife” is a Will. A gentle reminder: I was reading these stories in a case book, which means these were matters that wound up being litigated. […]
Basics of Minnesota Medical Assistance
April 14, 2014
Over half of the population will require long-term care at some point in their lives. Paying for long-term care is a topic that many people avoid addressing until the last minute; however, due to the rising costs of skilled nursing care it should really be addressed sooner rather than later. In Minnesota the average daily […]
Estate Planning Myth #3: All I need I can find on legal zoom
April 11, 2014
Yes, there are forms out there, and yes, many documents that attorneys draft begin from a template or form. However, consider these two major points for discussion with this myth: first, the law is full of variation from state to state and forms may or may not be drafted with your state’s peculiarities in mind, […]
Estate Planning Myth #2: Death Taxes Only Affect the Super Wealthy
April 8, 2014
One wonderful thing about the first session of the 113th Congress was its efforts to enact a taxing scheme allowing an exemption from estate taxes for those with less than $5 million (indexed to inflation), and making permanent the concept of portability. These codified changes taken together mean that married couples with a combined net […]
Estate Planning Myth #1: I don’t need a Will – I don’t have kids
April 2, 2014
Even if you don’t have a Will, you still do have an estate plan. Without a Will, it’s the state’s version of estate planning that prevails through your state’s intestacy statute. The state’s plan will vary based on the state in which you live and where you own property, but there will be a distribution […]