Can a spouse change his spouse’s will after he/she dies?
- David Greene
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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…
What is a Grantor Trust?
- David Greene
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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?
- David Greene
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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?
- David Greene
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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?
- David Greene
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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…
How Are Taxes Handled In Probate?
- David Greene
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Two kinds of taxes can arise during probate. One is the estate tax which does not come into play unless the estate is worth more than $11 million. These taxes, which can be at a rate of 50% or more,…
Should an IRA or 401k be transferred into a trust?
- David Greene
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It is definitely not a good idea! If you put your IRA or other qualified retirement account into your Living Trust, the IRS will consider it as a distribution and you will be taxed on the entire amount immediately. There…
What bequests should not be put in a will?
- David Greene
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Thank you for your question. There are several items you do not want to put in your will. Here are some: (1) Any real estate in which title is held in joint tenancy with right of survivorship, (2) bank acccounts…
HAVE YOU MADE YOUR NEW YEAR RESOLUTIONS?
- David Greene
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Well, Christmas is over and we have rung in the New Year. During this past week many people made New Year resolutions. Did you make any? Most of these deal with either working on a healthier and better body or…
New Year Thoughts
- David Greene
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As most of you know, the majority of my practice is dealing with IRS problems and Estate Planning. Today I want to pass along some thoughts about both of those areas. Even as the COVID-19 pandemic rages on, our problems…