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 […]
“The aim of every artist is to arrest motion, which is life, by artificial means and hold it fixed so that a hundred years later, when a stranger looks at it, it moves again since it is life.” ~William Faulkner, Author and Nobel Prize Laureate. Part I: The Big Picture. As an estate planning attorney, […]
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 […]
Cost and convenience are often deterrents to completing an estate plan. Consequently, many individuals and couples turn to “Do-It-Yourself” (DIY) options. Plenty of DIY options exist: websites, other online applications, books with CDs, etc. These options are admittedly less expensive; however, you get what you pay for … and that is not much. These options […]
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 […]
One consistent goal of estate planning clients who have children is to ensure financial stability for their children in the event that both parents die. These same parents often recognize that their children may not be mature enough to manage assets in a responsible way. To address this issue, trusts are created to ensure that […]
Clients can become confused and overwhelmed by the various roles and individuals named in their estate plan. In a previous post, I outlined the traditional key players in a typical estate plan. However, guardians, conservators and custodians are three roles that can come into play when an individual has not properly planned and therefore, clients […]