Only wealthy people benefit from the “loophole” anyways. Retirement plans were never intended to be an estate planning tool. It won’t impact me. I don’t care. These are some of the comments in the press right now regarding proposed legislation to end the ability of heirs to take inherited IRAs out over their life expectancies […]
Earlier this month I discussed what is required to revoke a Will. Occasionally, however, testators wish to revive a revoked Will. Similar to revoking a Will, there are certain requirements to ensure that it is the intent of the testator to revive a previously revoked Will. If a testator wholly revokes a subsequent Will (Will […]
In Jayne Sykora’s article, Holographic Wills, she outlines the requirements for a valid Will. But what if you want to revoke your current Will? A testator can revoke a Will either in writing or by an act that expresses the intent to revoke the Will. Writing A written revocation of a Will usually occurs when […]
This statement (turned inquiry) may or may not be true. It depends on a variety of factors and client goals. Deciding whether to use a will or a revocable trust (a.k.a. living trust or revocable living trust) as one’s primary estate planning document is a question to be discussed with an estate planning attorney. The […]
In a previous post I spelled out the basics of the changes made to Minnesota’s Statutory Short Form Power of Attorney that will take effect January 1, 2014. As I mentioned, many of these changes were made to address the potential for abuse. Indeed, a Power of Attorney document gives broad and sweeping powers to […]
When speaking with my elderly clients I encourage them to have conversations with their children about their wishes. Upon the mention of this suggestion, I have witnessed the change in demeanor of many. I go on to explain what their children will need and how the administration of their estate will proceed. We discuss how […]
Many people will take their allegiance to their favorite professional or college sports team to the grave with them. Some have memorabilia put into the coffin; others are buried in their favorite jersey. Scott Entsminger of Mansfield, OH took it one step further.
Every now and again clients ask what happens when someone murders someone for an inheritance. Can the murderer inherit from the victim’s estate? The simple answer is: No. If the potential beneficiary of certain assets murders the decedent, he or she is denied inheriting from the decedent’s estate – including both probate and non-probate assets. […]
All of us attorneys here at Epilawg regularly talk with prospective clients in person, on the phone, and by email to educate and answer questions about estate planning. Regardless of the person, their family, the size of their estate or a variety of other unique characteristics, nearly all prospective clients have the same initial question: […]
Minnesota’s legislators have been busy working up new and exciting changes to Minnesota’s estate planning landscape. Perhaps less controversial and less exciting, (and, some would argue, more concrete) than the new Minnesota Gift Tax, this article will summarize some of the changes made to the Minnesota Statutory Short Form Power of Attorney document. With its […]
Aside from taxes, the topic that can typically cause the most confusion is the issue of which assets will pass to your loved ones tax free – and which are subject to estate taxation. Knowing your estate… There are costs associated with probate and those costs can be significant if you have not planned properly. […]