28 December

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Putting your child on your home title could cost them dearly in taxes

in Asset Protection, Avoid Probate, Estate Planning

By Libby Banks, The Law Office of Libby Banks, PLLC From time to time, I have clients and friends ask me about the wisdom of putting their adult child or children on their home title (or stock accounts). Their thought is that they can avoid probate that way when they pass. My short answer is “Don’t do it!” There are many pitfalls in doing this instead of putting a proper estate plan in place. Let’s look at a few of those pitfalls. Your Child Will Pay More in Taxes Part of any estate plan we prepare involves some thought as to taxes. It’s...

29 August

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Asset Protection for Your Heirs

Posted by Libby Banks

in Asset Protection, Avoid Probate, Estate Planning, Protective Trusts, Revocable Living Trust, Wills & Trusts

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...

08 August

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Estate Planning – Who Needs It?

Posted by Libby Banks

in Asset Protection, Avoid Probate, Estate Planning, Power Of Attorney, Revocable Living Trust, Wills & Trusts

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...

01 November

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Different Trusts Meet Different Needs in Your Estate Plan

Posted by Libby Banks

in Asset Protection, Avoid Probate, Estate Planning, Pet Trusts, Revocable Living Trust, Wills & Trusts

There are a number of different types of trusts we use when doing an estate plan. Here is a bit of information about a few of the most common trusts. The Revocable Living Trust The primary trust we use in estate planning is the Revocable Living Trust (“RLT”). It is the foundation of most estate plans and has many benefits. It contains instructions for managing the assets in the trust during your life, upon your death, and if you become incapacitated. The RLT will also avoid the need for a probate court proceeding on your death. You can select the person(s) who...

02 October

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Asset Protection for Your Heirs

Posted by Libby Banks

in Asset Protection, Revocable Living Trust, Wills & Trusts

I was asked recently by a client whether the revocable living trust we were creating for him would protect his assets from his creditors. The answer is no. While the revocable trust is a great estate planning and probate avoidance tool, it is not an asset protection trust. Because you still have full control over the assets in your revocable living trust, 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 personal name and not in your trust. I went on to tell him that while...

01 August

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Estate Planning – Who Needs It?

Posted by Libby Banks

in Asset Protection, Avoid Probate, Estate Planning, Power Of Attorney, Revocable Living Trust, Wills & Trusts

01 July

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On The Road Again! Are You Ready for Vacation?

Posted by Libby Banks

in Asset Protection, Avoid Probate, Estate Planning, Power Of Attorney, Revocable Living Trust, Wills & Trusts

For many of us, it’s an exciting time. A whole year of isolation is coming to an end and travel is on the horizon. But are you truly ready for that trip? You may need to be sure 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...

04 June

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The Biden Tax Plan and Your Estate

Posted by Libby Banks

in Asset Protection, Avoid Probate, Estate Planning, Revocable Living Trust, Wills & Trusts

With the advent of a new administration usually comes change. President Biden’s tax plan may affect your estate planning adversely. Here are a few key points of the plan. Estate and Gift Taxes May Increase: Arizona has no estate taxes. On the federal level, each person has an estate and gift tax exemption – the amount you can give away during life and at death before being taxed – that is currently $11.7 Million. Biden’s plan would reduce the federal exemption to $3.5 Million for estate taxes at death, and $1 Million for gifts made during your lifetime. The plan also proposes to...

08 July

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Asset Protection for Your Heirs

Posted by Libby Banks

in Asset Protection, Estate Planning, Wills & Trusts

The revocable living trust is a great estate planning tool, but it does not protect your assets from your creditors. The assets in your trust are still considered your assets because you continue to have complete control over them. On the other hand, you can use your trust to provide asset protection for your beneficiaries after your death. When you pass your assets on to your beneficiaries, instead of giving them of all the assets outright, where they put it in their own bank account or in their own name, at death, your trust directs the trustee to create an irrevocable...