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Estate Planning Blog

News & Tips From The Law Office Of Libby Banks.

Probate is Spooky!

In addition to breast cancer awareness month and Halloween, October is also National Estate Planning Month! A big part of estate planning is avoiding probate. Have you ever heard of it? Let me tell you: Probate is SPOOKY! Picture this: cobwebs hanging from the courtroom ceiling, creaky old chairs, and a ghostly judge wagging a bony finger at you. Okay, maybe probate isn't exactly like that, but you get the idea. Probate is the legal process that takes place after someone passes away. It involves validating their will if they have one, identifying their assets, paying off debts, and distributing what's left to...

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Charitable Giving With Your Estate Plan

If you wish to leave some of your estate to charitable institutions, then a gift from your retirement accounts can have tremendous advantages. There are many ways to benefit your favorite charity both now and at your death. If these charitable gifts are done properly, you can receive tax advantages now, and save your heirs taxes later. 1. Distributing Appreciated Assets with a Low Basis Did you buy stock or other assets at a low price? Do you own stock that has increased in value with no way to trace what was your original purchase price? Giving stock and other highly appreciated...

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New Years Resolutions? To Keep Them, Know Your “Why”!

If you’re like me, December is a time to think about New Year’s resolutions. This year I want to keep my resolutions, instead of abandoning them all before January is over. How to do that? I asked my fitness trainer, Janet McConnell, whose book Elements of Aging Well: Wisdom from My Journey So Far is now available on Amazon. She says the way to stay motivated is to dig deep and find the “Why” behind your goal. Your resolution: exercise regularly. Your plan: get up at six a.m. and get to the gym every weekday. But when the alarm goes off,...

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A Personal Look at the Estate Planning Journey

The past year was amazing for my family. Two notable highlights are starting a new job with the Law Office of Libby Banks and my wife and I welcoming our first child in July. As I reflect on the need to update my Trust to plan for our new baby, I look back at my original experience creating an estate plan with Libby and why I joined her firm as an associate attorney. When I first thought about estate planning for myself and my wife, I realized I did not know much more than what I learned in law school. I...

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Asset Protection for Your Heirs

I am often asked whether the revocable living trust we use as the cornerstone of our estate plans provides asset protection – protection from the creditors of the person creating the trust. The answer is no. While the revocable trust is a great estate planning and probate avoidance tool, it is not an asset protection trust. When you create this trust, you still have full control over the assets in the trust. Because of this, the law recognizes that they are your assets, and your creditors can get to them in the same way as if they were in your...

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Estate Planning – Who Needs It?

Who Needs Estate Planning? Many people, when they hear the words “estate planning,” don’t think it applies to them. “I don’t have an estate to plan!” they may say. I think this comes about from the use of the word “estate.” The word is often used to refer to the mansions and real estate holdings of the rich and famous. But the definition of an estate is “all of the things that a person owns.” In other words, your estate is the sum of your stuff: your home, your bank accounts, your stocks and bonds, your retirement account, your cars and boat, and...

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On the Road Again! Are you Ready for Vacation?

For many of us, we are finally getting an opportunity to travel again, and we are more than ready! However, are you truly ready for that trip? One item you may have forgotten is to check on whether your estate plan is in order before you hit the road. Here are some thoughts on getting things done before your trip.   1. Make sure you have guardians in place for minor children. If you have minor children, it’s crucial to have documents in place appointing guardians, especially if you are traveling without them. Don’t leave this to chance, or worse, to the court...

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Using an Estate Planning Attorney is a Good Plan

As an estate planning attorney, I often get calls from people who’ve used online trust or will planning software or gone to a cheap trust mill to put their plan together. Sometimes, they go to their brother-in-law, the corporate lawyer, who uses a form he found in a book to put the plan together. When I’m asked about whether these are good ideas, I like to tell a story about my dear husband. My husband Andy is a great handyman. It’s wonderful that I can ask him to fix things around the house and know he will do it right. When...

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