Historically, determining a decedent’s heirs was easy – determine all of the decedent’s living family members on the date of decedent’s death and if decedent’s wife was pregnant on the date of his death, wait to see if the child is born alive. Now, however, science has provided us with the ability to freeze genetic […]
PART IV: HOW? DETERMINING THE TOOLS. “When an artist of talent makes a painting or a sculpture, he is always aware of the potentials and limitations of his materials; the better the artist, the more likely he is to know just what he can and cannot do with them.” ~Bruce Cole, Art Scholar and Senior […]
Part III: Who? Identifying The Participants. “All the world’s a stage, And all the men and women merely players: They have their exits and their entrances; And one man in his time plays many parts[.]” ~ William Shakespeare’s As You Like It In addition to making clients face their own mortality, estate planning presents an […]
Earlier this month, Supplemental Needs Trusts were discussed. Today, we’ll focus on Special Needs Trusts. A Special Needs Trust is a tool in which a person with a disability is able to retain their assets by placing them into a trust to use the assets to supplement the government benefits the disabled person will receive […]
Personal representatives and trustees are commonly responsible for distributing real property from an estate or trust to its designated beneficiaries. Such distributions present unique challenges for personal representatives, trustees, and beneficiaries alike. To this end, there are several considerations that should be made prior to distributing real property from an estate or trust.
Later this month, Special Needs Trusts will be discussed in some detail. Today we’ll discuss Supplemental Needs Trusts. Oftentimes, these two types of trusts are confused because their purposes are somewhat similar, but how each is funded and created and what will happen upon each trusts’ termination are quite different. Beneficiary Like a Special Needs […]
Part II: Why? Framing the Issue. “Art is a nation’s most precious heritage. For it is in our works of art that we reveal to ourselves and to others the inner vision which guides us as a nation. And where there is no vision, the people perish.” ~Lyndon Johnson, on signing the Arts & Humanities […]
We write a lot about trusts here at Epilawg: selecting the right trustees, how trusts can be useful during periods of incapacity, and utilizing trusts for blended families, just to name a few recent posts. What we have not discussed is the situation that can arise when the need to amend a trust is necessary […]
We’ve written on Epilawg before about the importance of choosing the right individuals for the various roles that need to be filled in your estate plan. In this post, I will focus specifically on choosing a trustee.
With the recent deaths of Steve Jobs, Apple co-founder, and Al Davis, owner of the Oakland Raiders, we are reminded how important it is to properly plan for the transfer of assets upon death. While the average American does not have the wealth that Mr. Jobs had (estimated at $7 billion1) or Mr. Davis (estimated […]
Similar to transferring a home, cabin, or other piece of real property into a revocable trust, individuals who have inherited or purchased farmland in Minnesota may want to transfer their farmland into a revocable trust. The reasons vary depending upon the situation, however, the major reason for transferring farmland into a trust is for estate […]