Probate & Trust Administration Articles

Living Trusts vs. Wills: Which Is Right for You?

Planning for the future is crucial, especially when it comes to protecting your assets and loved ones. Estate planning provides the opportunity to make important decisions about how your estate will be handled after you’re gone. In this realm, two common options arise: living trusts and wills. Both serve important purposes, but understanding the differences between them will help you make an informed decision about which one is the best fit for your specific needs. Let’s

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Navigating the Tax Implications of Selling Real Estate Subject to Probate

Estate planning attorneys play a vital role in helping clients protect their assets and ensure a smooth transition of wealth to their loved ones upon passing. In the states of Massachusetts, New Hampshire, and Florida, where we practice, the tax implications of selling real estate subject to probate can be a complex and crucial aspect of estate planning. In this article, we will discuss the tax considerations involved when selling real estate as part of the

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How To Avoid Probate

As estate planning attorneys, one of the most common questions we’re often asked is, “How can I avoid probate?” Probate is the legal process of settling a deceased person’s estate, and it can be time-consuming and costly. Fortunately, there are several ways to avoid probate and ensure that your assets are distributed according to your wishes. One of the most effective ways to avoid probate is to create a revocable living trust. A living trust is

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Does a Revocable Trust Protect My Home from Nursing Home Expenses?

A common question from many Massachusetts homeowners is does my revocable Trust protect my home from potential nursing home and long-term care expenses? While a revocable Trust offers many advantages, protecting your home from nursing home expenses is not one of them. In this article, we will discuss the definition of a revocable Trust, examples of how it can be used to protect assets, and alternative options to safeguard your home from potential nursing home expenses.

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When To Use A Special Needs Trust

Special-Needs Trusts: An Overview of a Useful Estate-Planning Tool In planning one’s estate, one seeks to make one’s passing easier, financially, logistically, and emotionally, for loved ones. In planning for the future, you likely have given special consideration to loved ones who would not be able to provide for themselves if you were gone, such as minor children. While children eventually grow up, some conditions and disabilities that prevent a person from working or living independently

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Don’t forget to fund your trust

Most people who have an estate plan have created a trust. But one thing many people forget is rather important: funding the trust. During the lifetime of the grantor who created the trust, the trustee can use the trust assets for the grantor’s benefit, if the grantor becomes incapacitated. If you want the trustee to do that, you must be sure your trust is funded. To fund the trust during your lifetime, you must change the

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Is it better to use joint ownership or a trust to pass down a home?

When leaving a home to your children, it is possible to avoid probate by using either joint ownership or a revocable trust, but which is the better method? If you add your child as a joint tenant on your house, you will both have an equal ownership interest in the property. If one joint tenant dies, his or her interest immediately ceases to exist and the other joint tenant owns the entire property. This has the advantage of

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Avoid these mistakes when setting up a trust

When setting up a revocable trust, you need to be diligent about asset transfers, beneficiary designations and funding formulas. Failure to complete certain steps can prevent the trust from acting as you intended, creating additional cost and unintended consequences for your estate. Common issues include the following: Failure to transfer assets Setting up a trust is just the first step. You must accurately transfer assets into the trust in order for its proper function to take

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Life insurance trusts: fund or collapse?

An Irrevocable Life Insurance Trust (ILIT) has long been a fundamental tool for managing federal estate tax liabilities. But with a sizable increase in the federal estate tax exclusion, some families are wondering if their ILIT is even relevant anymore. An ILIT owns your life insurance policy for you, essentially removing it from your estate. ILITs were popular for their ability to shelter life insurance proceeds from estate taxes. They also give the grantor the ability

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Land trusts provide anonymity, tool to avoid probate

A land trust is a private legal agreement that transfers a property title from the owner to a trustee. The trustee agrees to hold that title for the benefit of another party. The creator of the trust, known as the trustor, is typically the primary beneficiary for their lifetime. This party retains complete use of the land and owns the beneficial interest thereof. Land trusts are generally revocable, meaning the trustor may modify or terminate the

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