Estate Planning Articles

You might need a trust if your spouse isn’t a U.S. citizen

Ordinarily, there’s no estate tax on assets that pass at death to someone’s spouse. But that’s true only if the surviving spouse is a U.S. citizen. If the spouse isn’t a citizen, then the estate tax generally applies…unless you set up something called a “Qualified Domestic Trust,” or QDOT. Instead of leaving your assets directly to your spouse, you can put them into a QDOT for his or her benefit. When you die, there is no

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Have you changed your investment manager recently?

A large number of people have changed their investment manager recently – or have decided to become their own manager – as a result of the 2008 market collapse that led to widespread terrible returns. That’s fine – but keep in mind that if you change your manager, you should check with your estate planner to make sure that any new account you create is titled properly and in accordance with your estate plan. Many estate

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Be wary of online retirement planning calculators

A lot of websites offer retirement planning calculators, where you can enter your age, assets, and other types of information and find out how much income you can expect in retirement. These calculators may be somewhat useful, but many of them have serious flaws, and in general they produce results that are way too optimistic, according to a new study by the Pension Research Council.

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Put burial or cremation instructions in writing

If you have strong preferences regarding burial or cremation, it’s a good idea to put these in writing in your will or in your health care power of attorney. You may have expressed your wishes verbally to your loved ones, but people can become uncertain in a time of crisis, and family members might have differing views. If there is ever a dispute, having a written direction will be vital evidence of your intent.  Also, if

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Revise your estate planning if you’re diagnosed with a serious disease

 If you or a loved one has recently been diagnosed with a serious disease, it’s a good idea to review your estate planning documents and adjust them to reflect the diagnosis. For instance, if someone is diagnosed with the early stages of Alzheimer’s disease – or any other disease that could affect cognitive functioning down the road – it’s wise to expedite your estate planning. Sign documents as soon as possible, while mental competency is not

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How to talk with aging parents about estate planning

Many people are concerned about their aging parents and want to talk with them about estate planning, but this can be a difficult conversation to have. Frequently, parents don’t want to discuss the subject because they don’t like thinking about their own death, and because they’re afraid that estate planning will involve a loss of independence and control. Also, children may be afraid that bringing up the topic will make them seem greedy. Yet this is

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How to keep heirs from squabbling over personal property

When it comes to making a will, most people have a sense of how they want to divide their major financial assets among their heirs. But people often don’t put much thought into how to divide their personal property – particularly property that isn’t worth much economically but is rich in sentimental value, such as a wedding dress, a war medal, or a photo album.

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Make sure prenuptial agreements are reviewed by an estate planner

If you’re thinking of signing a prenuptial agreement – or if you know someone who is – it’s a good idea to have an estate planner review the document. Most people think of prenuptial agreements as spelling out what will happen if a couple get divorced. But in fact, most prenuptial agreements also state what will happen if one spouse dies while the couple is still married. In actual practice, prenuptial agreements come into play as much as

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Moving to another state can create estate planning benefits

People often move to another state after they retire. In the past, this was usually to take advantage of a better climate or to be closer to friends and family. But these days, moving is often a good form of estate planning. One reason is state estate taxes. These used to be tied closely into the federal estate tax system and largely a non-issue. But for several years now state estate taxes have been “uncoupled” from

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How to plan your estate if you have a special needs child

Almost three million children in the U.S. between the ages of 5 and 15 have special needs, according to the latest Census figures.  Parents of these children need to use extra care in planning their estates. For most people, estate planning is about making sure your assets go where you want them to, and minimizing inconvenience and taxes along the way.  But parents of special needs children face an additional challenge because they have to make

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