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Archive for March, 2010

Separation and Insurance: A Cautionary Tale

Friday, March 26th, 2010

Think your separation agreement ensures your ex won’t get your insurance payout?  Think again.

While married, Jack named his wife, Sharon, as the beneficiary of his life insurance policy.  Some years later the couple separate.  They negotiate and sign a separation agreement which states that neither of them will have any claim against the other’s estate.  Jack does not change the beneficiary on his life insurance policy thinking it has been dealt with by the separation agreement.  Jack dies.  The insurance company pays the insurance payout to the named beneficiary, Sharon.    (more…)

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Protecting My Child’s Inheritance – Understanding How Trusts Can Help (Part 3)

Friday, March 19th, 2010

Adult Children

Parents wishing to give their adult child tax advantages that the child could not otherwise enjoy should consider including a trust in their Wills. A testamentary trust is treated as a separate taxpayer and the income earned by the trust is taxed at graduated rates (the more the trust earns, the more it is taxed up to a certain limit).   (more…)

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Protecting My Child’s Inheritance – Understanding How Trusts Can Help (Part 2)

Friday, March 12th, 2010

Children Under the Age of 18 (Minors)

A parent (or other person leaving a gift to a child) who wants to delay payment of the inheritance beyond the age of 18 must include a trust in his or her Will.  Otherwise, the inheritance will be handed over to the child at age 18.  If a trust holds the child’s inheritance, a parent can specify how much the child receives and when.    (more…)

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Scanning Solution for the Mobile Lawyer – Neat!

Monday, March 1st, 2010

As a wills and estates lawyer, I often meet with elderly or hospitalized clients in their residence or hospital room.   When I meet clients at my office, it is a simple matter to use our office equipment to scan documents such as deeds, birth certificates, financial statements, and insurance policies which we ask clients to bring.  However, when visiting clients outside of the office I have to ask if the client will allow me to take documents away for scanning at the office — not something that either I or the client really want to happen.  (more…)

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Protecting My Child’s Inheritance – Understanding How Trusts Can Help (Part 1)

Monday, March 1st, 2010

The world of trusts is fascinating, if not somewhat enigmatic.  Trusts, in general, are an important part of estate planning because of the beneficial tax treatment of testamentary (arising as the result of a death) trusts. However, trusts are used by parents and others for a variety of specific purposes besides tax planning. Over the next few weeks, I will offer a brief introduction to some of the ways that trusts are used to protect a child’s inheritance. (more…)

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