Is an irrevocable trust better than a revocable trust?
- David Greene
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The answer is that one is better for some and the other is better for some. It depends on what you want to accomplish with the trust. Many advantages are common to both, such as: (1) both will avoid probate…
Does the new tax law eliminate inheritance taxes?
- David Greene
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With the new Tax Reform beginning to take effect, there is still a large amount of uncertainty when it comes to what changes are taking place and when they come into effect. When it comes to the Estate and Generation…
Merry Christmas
- David Greene
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As you read this article we are now in the week before Christmas. As an adult I ask “how did it get here so fast” but as a child I would ask “when will Christmas ever get here?!” As with…
What are the biggest mistakes made in Estate Planning?
- David Greene
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Estate Planning covers both events during life and after death. Here are some of the biggest Estate Planing mistakes that are made: (1) Failure to plan for incapacity – everyone should have both a financial and health care Power of…
Tips On How To Avoid Will Contests
- 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…
If you have a Living Trust do you also need a will?
- David Greene
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That is a good question and the answer is: maybe or maybe not! If you have truly transferred all of your assets into your trust, then you do not need a will because no asset is in your name. However,…
Is there anything wrong with buying a fill-in-the-blank will or trust from the office supply store?
- David Greene
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I highly discourage buying and using these kinds of packages. Why? First, they may or may not contain all of the language and signing requirements necessary in South Carolina. Second, they do not give you the latitude in making your…
If one forgets to change a beneficiary after divorce, can it be amended after his death for good cause?
- David Greene
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Unfortunately beneficiary designations cannot be amended after the death of the policy or account holder, even if it is clear he did not intend for the listed beneficiary to receive the benefits. The Supreme Court has heard several similar cases…
Is a trust only for the very rich?
- David Greene
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A good trust is definitely not only for the very rich. People create trusts for different reasons. The three primary ones are (1) avoidance of probate, (2) asset protection from creditors and (3) the ability to control your assets and…
How do you transfer a piece of property after the probate estate of the owner is closed?
- David Greene
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The only way to transfer real property owned by a deceased person is to go through probate and obtain a Deed of Distribution. If the estate has already been closed, you must file a Petition to reopen the Estate based…