Posts Tagged ‘trust’

What inheritance rights do unmarried couples have?

  • September 21st, 2023
  • David Greene
  • Comments Off on What inheritance rights do unmarried couples have?

Unmarried couples do not have any rights to the assets of their deceased partner and have no rights to intestate inheritance.There is no more Common Law Marriaage in South Carolina.  It was abolished in July 2019.  Common Law marriages established…

Pitfalls to avoid in Estate Planning

  • July 13th, 2023
  • David Greene
  • Comments Off on Pitfalls to avoid in Estate Planning

Everyone should review her Estate Plan every two or three years.  The beginning of the new year is a good tinme to do that.  Here are some pitfalls to avoid. (1) Check your beneficiaries on your trust, will and financial…

What type of documents should I be considering for my Estate Plan?

  • February 28th, 2023
  • David Greene
  • Comments Off on What type of documents should I be considering for my Estate Plan?

When people typically think of estate planning, the first thing that comes to mind is how they can control their assets after death. When considering this, most individuals come in to see us wanting to create some type of will…

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…

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…

Should an IRA or 401k be transferred into a trust?

  • August 25th, 2021
  • David Greene
  • Comments Off on Should an IRA or 401k be transferred into a trust?

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…

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