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Monday, June 12, 2017

Your Will Is Not The Place For Your Funeral & Burial Plans


Contrary to popular belief and a lot of tv shows and movies, most wills do not include funeral plans and burial instructions. And there is a good reason why: most wills aren’t read until after the deceased person has been buried or is otherwise put to rest.

One of the most heartbreaking cases out there involves the family of a veteran that fought amongst themselves for many years over the burial of their father. When he died, they purchased a family plot to bury him and other members of the family in in the future. A few weeks after the funeral, the family started going through their dad’s estate planning documents, only to discover that he had already purchased a plot for himself at a nearby veterans’ cemetery.


Read more . . .


Friday, June 9, 2017

Do I Have To Pay Off My Dead Loved One’s Debts?


Having a loved one die is always hard. But it can be even more difficult to deal with when you are reminded of their absence every time you go to the mailbox. And it can be sort of scary if the mail you are getting consists mostly of bills.

If you are struggling to know what to do with the debt a loved one has left behind, you are not alone. According to recent data from the credit reporting company Experian, the average American dies over $61,000 in debt.
Read more . . .


Friday, June 2, 2017

Responsibilities and Obligations of the Executor/Administrator

Responsibilities and Obligations of the Executor/ Administrator

When a person dies with a will in place, an executor is named as the responsible individual for winding down the decedent's affairs. In situations in which a will has not been prepared, the probate court will appoint an administrator. Whether you have been named  as an executor or administrator, the role comes with certain responsibilities including taking charge of the decedent's assets, notifying beneficiaries and creditors, paying the estate's debts and distributing the property to the beneficiaries.

In some cases, an executor may also be a beneficiary of the will, however he or she must act fairly and in accordance with the provisions of the will. An executor is specifically responsible for:

  • Finding a copy of the will and filing it with the appropriate state court

  • Informing third parties, such as banks and other account holders, of the person’s death

  • Locating assets and identifying debts

  • Providing the court with an inventory of these assets and debts

  • Maintaining any assets until they are disposed of

  • Disposing of assets either through distribution or sale

  • Satisfying any debts

  • Appearing in court on behalf of the estate

Depending on the size of the estate and the way in which the decedent's assets were titled, the will may need to be probated. If the estate must go through s probate proceeding, the executor must file with the court to probate the will and be appointed as the estate's legal representative.

By doing so, the executor can then pay all of the decedent's outstanding debts and distribute the property to the beneficiaries according to the terms of the will. The executor is also is also responsible for filing all federal and state tax returns for the deceased person as well as estate taxes, if any. Lastly, an executor may be entitled to compensation for the time he or she served the estate. If the court names an administrator, this individual will have similar responsibilities.

In the end, being name an executor or appointed as an administrator ultimately means supporting the overall goal of distributing the estate assets according to wishes of the deceased or state law. In either case, an experienced probate or estate planning attorney can help you carry out these duties.


Thursday, May 11, 2017

Irrevocable Trusts in Virginia Explained


What is an irrevocable trust?

Trusts are a vital part of estate planning in Virginia.  Revocable, living trusts are the most common type of trust, but irrevocable trusts offer an alternative to this traditional estate planning tool.  An irrevocable trust is a trust that cannot be revoked or amended by the creator of the trust, with some limited exceptions.
Read more . . .


Sunday, May 7, 2017

Estate Planning Is Not Just for the Rich!


It is a common misconception that estate planning is only something that the extremely wealthy do. While the richer you are, the more you may have at stake, estate planning is really something that everyone should consider.

The process of determining how your assets will be divided and planning for tax implications after you pass is important for everyone, regardless of the overall value of your property. Read more . . .


Thursday, April 27, 2017

Top Five Estate Planning Mistakes

Top Five Estate Planning Mistakes

In spite of the vast amount of financial information that is currently available in the media and via the internet, many people either do not understand estate planning or underestimate its importance. Here's a look at the top five estate planning mistakes that need to be avoided.

1. Not Having an Estate Plan

The most common mistake is not having an estate plan, particularly not creating a will - as many as 64 percent of Americans don't have a will. This basic estate planning tool establishes how an individual's assets will be distributed upon death, and who will receive them. A will is especially important for parents with minor children in that it allows a guardian to be named to care for them if both parents were to die unexpectedly. Without a will, the courts will make decisions according to the state's probate laws, which may not agree with a person's wishes.

2. Failing to Update a Will

For those who have a will in place, a common mistake is to tuck it away in a drawer and be done with it. Creating a will is not a "once and done" matter as it needs to updated periodically, however. There are changes that occur during a person's lifetime, such as buying a home, getting married, having children, getting divorced - and remarried, that need to be accurately reflected in an updated will. Depending on the circumstances, a will should be reviewed every two years.

3. Not Planning for Disability

While no one likes to think about becoming ill or getting injured, an unexpected long-term disability can have devastating consequences on an individual's financial and personal affairs. It is essential to create a durable power of attorney to designate an individual to manage your finances if you are unable to do so. In addition, a power of attorney for healthcare  - or healthcare proxy, allows you to name a trusted relative or friend to make decisions about the type of care you prefer to receive when you cannot speak for yourself.

4. Naming Incapable Heirs

People often take for granted that their loved ones are capable of managing an inheritance. There are cases, however, when a beneficiary may not understand financial matters or be irresponsible with money. In these situations, a will can appoint an professional to supervise these assets, or in the alternative a "spendthrift trust" can be put in place.

5. Choosing the Wrong Executor

Many individuals designate a close relative or trusted friend to act as executor, but fail to consider whether he or she has the capacity and integrity to take on this role. By choosing the wrong executor, your will could be contested, leading to unnecessary delays, costs and lingering acrimony among surviving family members.

The Takeaway

In the end, estate planning is really about getting your affairs in order. By engaging the services of an experienced trusts and estates attorney, you can avoid these common mistakes, protect your assets and provide for your loved ones.

 


Sunday, April 9, 2017

Every Estate Fight Is “Ugly”


Whenever a celebrity dies, you can almost guarantee that there will soon be headlines about the “ugly” estate fight brewing between his or her relatives. Just in the last year we heard these sorts of stories about the pop icon Prince, blues legend B.B. King, and conservative culture warrior Phyllis Schlafly.

But here’s a little secret.
Read more . . .


Thursday, April 6, 2017

The Importance Of Finding An Estate Administrator You Can Trust


We all know “you can’t take it with you,” but that doesn’t mean that everyone does a good job putting together an estate plan, or ensuring that the plan they have put so much thought into will actually be carried out. It is this second aspect of the estate planning process, the selection of an estate administrator, that gives a lot of clients trouble.

What Is An Estate Administrator?

An estate administrator is the person tasked with carrying out the wishes of the deceased. They have to pass on items to family members, make sure the estate’s bills are paid, and handle big issues like property sales.

If the estate plan includes a will, or a dispute over a non-will-based estate plan arises, the estate administrator will have to go to court to sort things out.
Read more . . .


Sunday, March 19, 2017

Types of Elder Abuse


As baby boomers retire and get older, the number of older Americans are expected to skyrocket. There will be a serious uptick in the demands of the healthcare system, long-term care, and nursing home facilities.

As demand increases so does the potential for abuse and neglect of older Americans.
Read more . . .


Thursday, March 16, 2017

Responsibilities of a Trustee


Every trust must have a trustee. When you create a trust, you allow the trustee to have certain rights and responsibilities regarding your property. In most circumstances, you will have lots of faith and confidence in your trustee because an unethical or irresponsible trustee can have detrimental effects on your trust and your beneficiaries.

Trustees have many responsibilities, so it is important to appoint a person that is willing to take on this role. Discuss the position with a potential trustee, and ensure that they are capable and receptive before incorporating the trust into your


Read more . . .


Monday, March 13, 2017

Estate Planning Matters

Common Estate Planning Mistakes Regarding Individual Retirement Accounts (IRAs)

For many people, retirement savings accounts are among the largest assets they have to bequeath to their children and grandchildren in their estate plans.  Sadly, without professional and personally tailored advice about how best to include IRAs in one’s estate plan, there may be a failure to take advantage of techniques that will maximize the amount of assets that will be available for future generations.

Failure to Update Contingent Beneficiaries

Assets in an IRA account usually transfer automatically to the named beneficiaries upon the death of the account holder, outside of the probate process.  If the account holder’s desired beneficiaries change, due to marriage, divorce, or other major life events, it is critically important to update the named beneficiaries as quickly as possible to prevent the asset from passing to an outdated beneficiary.  When updating beneficiaries, account holders should not neglect contingent beneficiaries – those individuals named to receive the asset if the primary named beneficiary is already deceased when the account holder dies.

Example:  Sarah’s IRA documents name her husband, Harold, as the primary beneficiary of her IRA.  The contingent beneficiary is Harold’s son, George, from Harold’s first marriage.  Sarah and Harold divorce.  Harold dies.  If Sarah dies before changing her IRA beneficiaries, George will receive the IRA.  This may no longer be the result Sarah would have wanted.

Failure to Consider a Trust as the Contingent Beneficiary of an IRA


There are three main advantages of naming a trust as the contingent beneficiary of your IRA: 

  1. It avoids the problem described above of having incorrect contingent beneficiaries named at death.
  2. It protects the IRA if the desired beneficiary is a minor, has debt or marital troubles, or is irresponsible with money.
  3. It protects the IRA from intentional or unintentional withdrawal.

Since 2005, the IRS has allowed a type of trust created specifically to be the beneficiary of an IRA.  The IRA Beneficiary Trust is also known as an IRA trust, an IRA stretch trust, an IRA protection trust, or a standalone IRA trust.

The main advantage of using an IRA Beneficiary Trust instead of a standard revocable living trust is that the IRA trust can restrict distributions to ensure compliance with tax rules and minimum distribution requirements – thus maximizing the amount of tax-free growth of the investments.

Another advantage is that the IRA stretch trust has a framework that allows it to be structured in a way that guarantees protection of the distributions from the IRA as well as protection of the principal of the IRA.  When you first establish the IRA protection trust, you structure the trust as either a conduit trust or an accumulation trust.  A conduit trust will pass the required minimum distributions directly to your named beneficiaries, maximizing the tax deferral benefits.  An accumulation trust passes the required minimum distributions into another trust over which a named trustee has discretion to accumulate the funds, resulting in greater asset protection for the benefit of the beneficiary.

During your lifetime, the IRS allows you to switch between the conduit trust and accumulation trust for each of your beneficiaries, as circumstances change.  Furthermore, you may name a “trust protector” who may change the type of trust one last time after your death.  This change may be made on a beneficiary-by-beneficiary basis, so that some of your intended heirs have accumulation trusts for their portion of the IRA and others have conduit trusts.

IRA Beneficiary Trusts are complicated legal documents with intricate IRS rules and tremendous implications for your family’s wealth accumulation for future generations.  It is wise to seek advice specific to your family’s unique circumstances when considering the establishment of this powerful type of trust.


 


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575 Lynnhaven Parkway, Suite 301 , Virginia Beach, VA 23452 | Phone: 757-215-4051
5425 Discovery Park Blvd., Suite 101, Williamsburg, VA 23188 | Phone: 757-215-4051