Posts Tagged ‘estate planning’

Can a spouse change his spouse’s will after he/she dies?

  • May 23rd, 2022
  • David Greene
  • Comments Off on Can a spouse change his spouse’s will after he/she dies?

First let me remind everyone that each person must have his or her own will.  A husband and wife cannot have a joint will.  In short, a will cannot be changed or altered by anyone after the maker of the…

Is a Durable Power of Attorney important?

  • May 3rd, 2022
  • David Greene
  • Comments Off on Is a Durable Power of Attorney important?

It is very important! A durable Power of Attorney (POA) is simply legal authorization for someone else to act on one’s behalf.  This usually only occurs if the grantor of the POA is incapacitated, but it can be useful in…

What is the difference in a Health Care POA and a Living Will?

  • April 28th, 2022
  • David Greene
  • Comments Off on What is the difference in a Health Care POA and a Living Will?

I like to think of the Living Will (also known as a Declaration of a Desire for a Natural Death) as the “umbrella” that sits above the Health Care Power of Attorney.  If the terms of the Health Care POA…

Will a Revocable Living Trust protect my assets from creditors?

  • March 18th, 2022
  • David Greene
  • Comments Off on Will a Revocable Living Trust protect my assets from creditors?

Many people are confused and sometimes misled about the differences in a revocable living trust and an irrevocable trust.  Many advantages are common to both, such as: (1) both will avoid probate if handled properly, (2) both will allow the…

Headed for divorce? Here are some tax tips.

  • November 17th, 2021
  • David Greene
  • Comments Off on Headed for divorce? Here are some tax tips.

There are several things I recommend you do if you think you might find yourself going through a divorce, both for future tax audit sake and to make sure all assets are revealed.  First, copy all of your financial records…

What is a Grantor Trust?

  • November 9th, 2021
  • David Greene
  • Comments Off on What is a Grantor Trust?

To be a grantor trust, the trust must meet specific rules set out in the Internal Revenue Code. There are several but the one that is used most frequently is that the grantor retains the right to remove assets from…

How can one avoid a will contest?

  • November 2nd, 2021
  • David Greene
  • Comments Off on How can one avoid a will contest?

It is very hard to be successful in a will or trust contest.  However, many disappointed heirs file such contests every year.  Here are some planning tips to hopefully avoid that headache and heartache for your heirs.  (1) If you…

How can one protect assets held in trust from creditors?

  • October 27th, 2021
  • David Greene
  • Comments Off on How can one protect assets held in trust from creditors?

In my last blog I stated that a revocable trust will not protect against creditors.  However, there is a solution: the Irrevocable Trust.  In this trust, the maker of the trust generally cannot be the trustee, so a great deal…

Does a trust protect one’s assets against judgment?

  • October 20th, 2021
  • David Greene
  • Comments Off on Does a trust protect one’s assets against judgment?

Whether or not assets in a trust are protected from judgment creditors depends on the kind of trust.  The most popular trust is the Revocable Living Trust.  Usually, the maker of the trust is also the trustee, so he retains…

Who has to pay gift tax – donor or recipient?

  • September 16th, 2021
  • David Greene
  • Comments Off on Who has to pay gift tax – donor or recipient?

That is a good question, with an easy answer. The receiver of the gift does not pay the gift tax.  The donor pays the tax.  However, anyone can give an individual a gift of money, property or any other asset…

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