21 December

Sticky

Home Title Theft and Trust Planning

By Libby Banks, the Law Office of Libby Banks, PLLC The news is often filled with stories about fraud. One of the areas of current concern I often hear about is title theft. What is title theft? It can take many different forms. Someone might fraudulently refinance your home to steal your equity, pocketing your hard-earned money. Similarly, they may access the equity with a home equity line of credit. They may even forge a deed and sell your property to an unsuspecting buyer, leaving both of you in a legal and financial mess. If you are in the process of...

26 October

0 Comments

Sticky

A Personal Look at the Estate Planning Journey

Posted by Libby Banks

in Estate Planning, Wills & Trusts

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...

29 August

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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...

05 May

0 Comments

Sticky

Picking Your Executor or Trustee

Posted by Libby Banks

in Estate Planning, Wills & Trusts

At some point your estate will be managed by someone other than you. If you are incapacitated, that person will step in to manage it to care for you, and on your death someone will wrap up your estate and distribute your assets to others. If you put an estate plan in place, via a Will or Trust, you decide who that person will be. If you don’t, the State of Arizona, via the legislature, has decided who that will be. Will the State’s choice be one you are happy with? When you establish a Revocable Living Trust, the person in...