Posts Tagged ‘ drafting wills and trusts ’

The Changing Virginia Code: When You’ll Do Nothing And Like It

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Today, we will discuss a fairly unique circumstance that has emerged as a result of the pending changes in the Virginia Code.  Many existing Virginia wills and trusts reference specific sections of the current Virginia Code.  Since many Code sections will be renumbered this October, will your existing estate documents thereafter be referring to obsolete…

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Disclaimers: When Rejecting an Inheritance is Actually Beneficial

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For 2012 only, anyone who dies with less than $5.12 million will not owe any federal estate tax.  This protection is presently set to decrease to $1 million on January 1, 2013.  While few believe that lawmakers won’t increase this amount before the end of the year, anything is still possible.  Read more...

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Last Week in Estate Planning (September 11 to September 17, 2011)

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This past April top estate planning blogger David A. Shulman, Esq. opined that “[t]he #1 Estate Planning blog is and continues to be Texas Tech Univ. School of Law Professor Gerry Beyer’s ‘Wills, Trusts & Estates Prof Blog.’  It is, and continues to be, essential reading for anyone in the profession.”  Read more...

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Last Week in Estate Planning (August 28 to September 3, 2011)

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Now that all the earthquakes, hurricanes, and back-to-school preparations appear to be out of the way, we can get back to some good ol’ estate planning reading! Much of last week’s best works seem to have come from traditional media resources.  Take a look: Top Posts and Articles of the Week Post of the Week…

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What’s Missing From This Trust? Not Knowing Could Cost You Thousands

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There are plenty of articles, books, blog posts, etc. that explain the benefits of hiring a lawyer to do your estate plan, rather than doing it yourself.  Similar articles, books, blog posts, and et ceteras also recommend that you hire a lawyer instead of using an online company. On the other hand, fewer resources explain…

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“Hey Lawyer, Why Can’t My Will Just Be One Page Long?”

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OK, OK, OK, we’ve been sitting here for almost an hour and you’ve been asking me all kinds of questions about my family and my goals and my situation.  Why do you need all of this information? I need this information so that I can see what is most important to you, and to make…

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Common “Pot” Trusts: Why You Shouldn’t Treat Your Children Equally

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If you have minor children, you most likely would want them to be provided for in case something terrible happens to you and your spouse.  How would you split your assets between them? At first glance, your natural tendency is probably to respond, “equally, of course”.  For the most part, we love our children equally,…

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Would You Like That “Per Stirpes” or “Per Capita”?

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There are many scenarios in estate planning where a deceased person receives a gift of property.  Someone’s will may not have been amended in time.  A trust drafted many years ago leaves an asset to several siblings, one of whom has passed away since the document was created.  State intestacy laws designate assets to classes…

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The Repercussions of Drafting Estate Planning Documents Imprecisely

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You’ve probably heard the notion that one incorrectly drafted phrase or sentence can have great detrimental effects on your will or trust.  Later in this post, we will provide two examples of this consequence. But first, we provide essential background to help further underscore the main point that preparing a will takes precision, careful attention…

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1600 Words about a 100-Word Addition to Virginia Trust Law (Part III)

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In the first two parts of this topic, we covered the attempt to unify trust law throughout the United States and Virginia’s brief new amendment to its version of the Uniform Trust Code.  Now, to close the loop, we conclude by giving further detail to two important types of marital deduction trusts briefly mentioned in…

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