Estate planning includes all the planning that’s involved for setting up a will, a trust and making sure that your assets go to the people or organizations that you want to have them. Estate planning is complex — you should consider taxes when making plans for your assets to go to your heirs. If you don’t do estate planning you risk having your belongings managed by the state where you live, and your state’s laws may not match exactly what you want. Estate planning is especially important in blended families.
Estate Plan Mistake
Estate Plan Mistake Q: I'm wondering if my husband made an estate plan mistake. He died without a will. We have one son and when my husband passed, my son and I signed an agreement that said if I sold any of the properties, we’d both need to agree to the sale. When I sold [...]
Paid Off House: Will It Affect My Trust?
Paid Off House: Will It Affect My Trust? If your house is in a trust, will paying off the mortgage affect the successor trustee? Q: Well, I just paid off my house and don't know what the next steps might be. I did receive a letter from my mortgage lender congratulating me on paying off [...]
Finding the Will Saved the Day
Finding the will saved the day Sibling never wanted mother's will found so she'd get a bigger inheritance Q: My mother's original will was kept in her attorney's office. At some time after she signed it, her estate attorney died. My sister hoped our mother died without a will so that she would get half [...]
Estate Plan: Is a Simple Will Enough?
Our estate plan is a will. Is that enough to make sure our son inherits? Q: I read about people putting their home in trust to avoid probate. Our estate plan is a simple will. Our house and everything we own, including our money and personal effects, is left to our son. I thought that [...]
Title Issues Cloud Estate
Title Issues Cloud Estate Step-daughter wonders why lender failed to add her to title and what she can do now Q: Early last year, my stepmom and I had a meeting with her loan company to figure out what the easiest way to pass her home to me when she died. I know nothing about [...]
Inherit Property by Will or Receive by Deed?
Inherit Property by Will or Receive by Deed? Is it better to inherit real estate or receive by a quit claim deed? Q: My mom has a condo in Delaware, but she and I both live in Maryland in our own separate homes. The home my mom lives in is in my sister’s name. Mom’s [...]
Where Do I Find a Transfer on Death (TOD) Instrument?
Where Do I Find a Transfer on Death (TOD) Instrument? Q: After my husband's death, my daughter went to pick up the deed to our house. There was a quitclaim deed that our old mortgage lender put in place with my signature on it. Also, I can't find the transfer on death instrument (TODI) either. [...]
Trusts: How to Handle a Home in a Trust
Trusts: How to Handle a Home in a Trust Q: My mom's home is in a trust. She passed away towards the end of last year. She lived in the home for over 20 years. Her trust lists her six grandchildren as the beneficiaries of the trust. We’ve found a buyer for the home who [...]
Power of Attorney and Elder Abuse
Power of Attorney and Elder Abuse COMMENT: You stated to a reader recently that it was unclear why the niece no longer had power of attorney (POA) over the aunt's house – and a conservator stepped in. As an advocate against guardianship abuse, a POA can be removed through the courts like a discarded traffic [...]
Estate Planning: Trusts and Transfer on Death (TOD)
Estate Planning: Trusts and Transfer on Death (TOD) Understanding when to use a trust versus a transfer on death (TOD) instrument COMMENT: I read your recent article about trusts and beneficiaries of trusts. You mentioned that “If you have a revocable trust, as the beneficiary you have the right to amend the trust and update [...]