Tag Archives: inheritance

Estate Planning

Why New Parents Need an Estate Plan

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If you are expecting a baby or you have just had a child, you know that your world has totally changed. While all of the decisions you must make can be overwhelming, it is important to create or update your estate plan. Your child is the most important thing in your life, so you should take every step necessary to protect him or her now and in the future.

Below are a few reasons why new parents need to create or update their estate plan:

  • Appoint a guardian for your minor children. Nobody likes to think about not being there for their child, but none of us know the future. Thus, if something should unexpectedly happen to you or your spouse, it is important to choose who will raise your child. You should confer with the person you want to appoint to serve as the guardian of your minor children to verify that he or she is willing to do it. You should also name alternates in case your first choice is unwilling or unable to serve as the guardian when the time comes.
  • Create a trust. A trust can help ensure that your child’s financial future is protected. A trust provides you flexibility in deciding when and under what conditions your child will inherit from you, which may include a provision stating that your child must reach a certain age before distributions from the trust should be made.
  • Select a trustee to manage each child’s inheritance. You will want to consider appointing a trustee who will invest wisely on behalf of your child.
  • Provide for any special needs. If your child has special needs, you must take care in creating your estate plan. You will want to create a special needs trust to ensure that your child’s needs will continue to be provided for without jeopardizing his or her eligibility to receive government assistance.

If you are expecting a child or you are a new parent who would like to learn more about creating an estate plan to protect your child’s best interests, call us today to schedule an initial consultation.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

 

Estate Planning

What if a Trustee doesn’t Distribute your Inheritance?

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When you discover you have been named the beneficiary of a loved one’s estate, you may be anxious to receive your distribution. This is especially true if you are struggling financially and could use the extra income to make ends meet. So, when the trustee seems to be dragging his or her feet, it can be extremely frustrating.

There are a variety of reasons a trustee is not making distributions to the beneficiaries. One of the most common, however, is that the trustee simply does not understand what is required by the trust. Most people who are appointed to serve as a trustee are not experienced in being a trustee, and it can be a difficult job. Trust documents are confusing and figuring out the appropriate steps to take as the trustee can take time.

Another reason you may not be receiving your distributions is that there are problems involving property or issues in administration of the trust. It is always best to speak to the trustee and/or have legal counsel speak to the trustee to find out the circumstances.

In other cases, however, the trustee may be lazy and not taking the tasks assigned by the trust seriously. In severe instances, the trustee may be refusing to make distributions because he or she is attempting to hide his or her own misconduct. By failing to distribute trust assets, the trustee can conceal the mismanagement or wrongful taking of trust assets.

As a beneficiary, if the trustee is not distributing your inheritance and not communicating with you as to why, it is essential that you take immediate action. The longer your put off getting help from an attorney, the more likely the trust assets will be harmed. A lawyer can review the trust document and conduct an investigation as to why the trustee is not doing his or her job. If the trust is incompetent, negligent or acting intentionally, we can help you seek to remove the trustee or take other actions to ensure you get the inheritance you deserve. A recent estate we read about involved a situation where a period of over 15 years went by. The family let some of the other family members use certain property. After the individuals died, the rest of the family discovered that the title to the property had been wrongfully transferred, sold and funds diverted to other persons. Now it’s too late to do anything! It never pays to wait.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

Do you need an Estate Plan? Take this Quiz to Find Out!

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Many of our blogs discuss why you need an estate plan and most people will tell you that they intend to create one …. eventually. In fact, it is common for people to believe they don’t need an estate plan until later in life. Below is a short quiz that will help you determine whether you should be estate planning now instead of later.

1. Are you a homeowner?

If you own any type of real property, you have at least one valuable assets that requires estate planning. Your home cannot be divided among your beneficiaries and selling it may take months, which means your loved ones will have to wait to receive their share of the proceeds. Even if you have a “small estate,” because it is real estate, probate becomes necessary. For larger estates, there could be estate tax issues. Lastly, if you are married, you will want to ensure that your spouse can continue living in the home after you are gone.

2. Do you have minor children?

If you have any children under the age of 18 years, it is extremely important that you appoint a guardian if something should happen to you and your spouse. Completing the proper documentation will ensure that your children are not placed into foster care or become wards of the state if there are loved ones willing to care for them. You should also consider appointing a trustee for them to hold any financial assets until they reach a suitable age.

3. Do you want to decide when your heirs will receive their inheritance?

If you do not have a comprehensive estate plan in place, your property will most likely go through several processes. Insurance, IRA’s, 401(k)’s or similar assets may be distributed by beneficiary designations. Other assets may go through the probate process before they can be distributed. Probate can be complicated and expensive if you have not planned for it. But worse, you may have assets going in several different directions in an uncoordinated way, without any control by you. With an estate plan, you have the ability to coordinate where everything goes, and you decide the timing and circumstances under which your heirs will receive their inheritance. For example, you may want your children to graduate from college or reach the age of 25 years (or older) before their inheritance is distributed to them.

4. Do you want to leave medical or end-of-life instructions?

If you are adamant that you do not want to be kept alive by machines or have your estate diminished by this type of end-of-life care, you need to have an advanced healthcare directive that sets forth your instructions if you are in a vegetative state, have a terminal illness or are dying.

The above four questions are simple examples of why estate planning is necessary for everyone, regardless of the size of their estate. Estate planning impacts a variety of areas in your life, so it is important to stop procrastinating and take action now. Let us help you determine what kind of planning will benefit you and your loved ones.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

 

Estate Planning

End of Life Marriages

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We’ve all heard the story where a much younger individual marries a much older person and inherits millions when he or she dies. If you have an elderly loved one that got married in his or her final years, you probably have questions regarding the new spouse’s ability to inherit. No two cases are the same, so if you have suspicions regarding the validity of the marriage and/or the revised estate planning documents, it is important to confer with an estate planning attorney regarding your legal options.

If you were a named beneficiary of your loved one’s estate plan prior to the marriage, your main tool for recourse is to object to the newly drafted Will and/or Trust that names the new spouse as the sole beneficiary. Some of the most common objections include lack of capacity, undue influence or mistake. You may also want to submit evidence that the marriage was a sham. For example, if your loved one was incapacitated, you may be able to have the marriage voided.

It is important to understand that objecting to an estate plan or attempting to set aside a marriage is not an easy task. Thus, you should obtain the advice and assistance of a skilled attorney.

It should be noted that if you have concerns regarding an elderly family member being taken advantage of by another party, you can avoid many of the problems by obtaining a power of attorney and establishing a trust for the person. These types of documents can help you avoid litigation and protect the individual, saving you a considerable amount of time and money. It will also allow you to protect your loved senior citizen from being taken advantage of later in life.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

What Happens if a Trustee Distributes My Inheritance to Somebody Else?

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If you have been named as the beneficiary of a trust and the trustee is not acting appropriately, it is important to get help as soon as possible. Improper distributions of trust assets can be made by mistake or by intentional wrongdoing. Whatever the cause, the quicker you take action, the more likely you are to obtain a successful result.

It is important to understand that a trustee must be fair in his or her treatment of the beneficiaries. The trustee is also obligated to comply with the terms of the trust. Failure to comply with his or her duties could result in you having a claim against the trustee. Some of the possible claims you may have against the trustee of a trust include:

  • The trustee made a distribution of property or the payment of money to a party that was not named as a beneficiary of the trust.
  • The trustee gave a beneficiary an excessive payment not authorized by the trust, which caused a reduction in the distribution to you.
  • One of the contingent beneficiaries that is entitled to receive the distribution of a primary beneficiary that died before the settlor of the trust did not receive his or her share.

There are other forms of misconduct by a trustee that may warrant legal action. If you have concerns regarding how a trustee is managing a trust or about the accuracy of your distributions from the trust, it is important to contact us immediately to protect your inheritance.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

Can your Loved Ones Inherit your Frequent Flyer Miles?

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Airplane propellerIf you are somebody who travels a lot and you have accumulated a large number of frequent flyer miles or reward points, you know they are a valuable asset. Many people don’t think about including them in their estate planning efforts, which is a big mistake. With some aforethought and planning, you may be able to transfer your valuable loyalty program points to your loved ones.

Every rewards program is different, so each has its own rules that apply to transferring points or miles. The best approach for transferring the program benefits is to start giving them away while you are alive. If you are no longer traveling or you have more points accumulated than you will ever use, start gifting them to family and friends now. Many companies allow you to purchase airline tickets with your miles to be used by anyone. Additionally, you can use your points to buy gift cards, hotel stays or other benefits.

If you are still using your points or miles and you are not ready to gift them to others, you should create a list of your accounts, user names and passwords. This will allow your loved ones to access your accounts if you should die. Many companies that do not allow you to transfer points allow somebody who logs into your account to redeem points or miles.

You should also check into adding family members to your account. Some credit card companies that provide points or miles for every dollar you spend may allow you to add your spouse or other secondary user to your account. If you don’t want this other person to be able to make charges on your credit card, stick it in a safe deposit box with your estate planning documents. Once you pass, the secondary user may have access to your accumulated benefits.

Lastly, you should consider setting forth who you want to leave your program benefits to in your estate plan. Many companies will honor the transfer of points or miles if they are specifically transferred in a will or other estate planning document.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

 

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Dividing Your Estate Between Your Children

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children on beach_edited-1When you are raising your children, you want to be fair and treat them equally. However, when it comes to estate planning, you may want to use a different strategy. Every person is unique and your children have different life circumstances and needs. Therefore, it is important to consider whether each child should be treated differently in your estate plan. In many situations, treating your children exactly the same in your planning could lead to negative consequences.

You may be worried about how your children will feel about being treated differently. Giving your children different types of inheritances does not mean that you can’t treat them equally. Consider the following:

  • If you have one child that is an adult and one that is still a minor, you may want to consider leaving the adult child a lump sum payment while leaving the minor’s inheritance in a trust for distribution at a certain age.
  • You may have one child that is better-suited to serve as the executor than another child. Regardless of your children’s order of birth, you should appoint the child best equipped for administering the estate (even if it is your youngest child).
  • If you have a child that is unable to properly manage finances, consider leaving a scheduled payment plan, or the share in trust for him or her instead of giving an outright payment. This can be extremely important in providing for your child for a longer period of time.
  • If you have the financial ability to make gifts during your lifetime, you may want to take advantage of the annual gift tax exclusion and make gifts to your children while you can enjoy watching them take advantage of it or for purposes of reducing inheritance tax. For other children who are not ready to receive their inheritance, you can place their gifted money into a trust.

Estate planning provides you with flexibility. You can provide for your children in any number of ways to meet their individual needs. To learn more about creating an estate plan that provides for your children’s unique needs, contact us today to schedule an initial consultation. The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.