04 June

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Estate Planning for Incapacity

in Estate Planning, Power Of Attorney, Revocable Living Trust, Wills & Trusts

When my clients think about estate planning, they tend to think about the end of life, about what’s going to happen to their assets, and who will handle the estate and make distributions to their beneficiaries. Often, they don’t realize that an equally (or maybe more) important aspect of planning is all about who will manage your assets and take care of you and your financial affairs if you become incapacitated. With proper planning, you decide; without proper planning a court may get to make the choice, and at great expense and rarely expeditiously. What do we mean by “incapacitated?” In...

06 March

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Benefits of the Revocable Living Trust for Your Estate Planning

Posted by Libby Banks

in Estate Planning, Revocable Living Trust, Wills & Trusts

There are many benefits to a Revocable Living Trust, but often people think that only the wealthy need a Trust for their estate planning. The truth is, there is no magic net worth number that tells us when a trust provides the best planning for your assets. The two key factors that tell us a trust may be the best option are the family situation and what type of property you own. I like to tell clients that if I know the what we are planning for (your assets) and the who we are planning for (your beneficiaries) I can...

04 November

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Avoiding the Pain of Probate

Posted by Libby Banks

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

Probate is a court proceeding used to settle the estate of someone who has no Will. However, a person that has a Will may also end up in probate court. That’s because a Will doesn’t transfer a person’s assets to his or her heirs automatically – it only states who should receive those assets. Probate is time consuming and expensive for a personal representative (or executor, as it’s named in many states). It can be an agonizing and long drawn out procedure. But it is avoidable – with the right estate planning tools, and specifically with the Revocable Living Trust. Couples often...

15 October

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Avoiding the Pain of Probate

Posted by Libby Banks

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

Avoid Probate by using a Revocable Living Trust as your primary estate planning tool. Many people have big misconceptions of how a Last Will and Testament works. They assume that if they have a Will, their heirs will not have to go to court and file a probate. Instead, for the person who only has a Will, we do have to file a probate with the court at death. That’s because a Will does not transfer a person’s assets to his or her heirs automatically – it only states who should receive those assets. I often tell clients a Will is...

01 June

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Avoiding the Pain of Probate

Posted by Libby Banks

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

Avoiding the Pain of Probate Avoid Probate by using a Revocable Living Trust as your Primary Estate Planning Tool I often meet with clients whose most important goal is to avoid probate. A very good idea indeed! These clients realize that you will end up in probate if you don’t have a Will. What they don’t know is that you can end up in probate even with a Will. A Will is a document that designates who will be your personal representative (or in some states, your executor). It also states who will get your assets on your death. What it does NOT...