Parents strive to be fair with their children. When setting up an estate plan, parents typically divide their accounts property equally among their children. However, children have different needs at different times and these needs do not always correlate with perfectly equal dollar amounts. Instead of simply dividing your accounts and property equally among your children, you can place accounts and property in what is known as a pot trust or common trust with instructions for your trustee on how to spend the money and property on behalf of all the beneficiaries.
BLOG
Categories
Bette Davis: This and That
Bette Davis was one of Hollywood's "golden age" heroes. Her uncompromising intense style and determination to be known as more than just another "pretty" actress is more than an inspiration to many. Her success, however, came at the cost of her personal relationships with her partners and children.
What is a Pour-Over Will?
A pour-over will is a special kind of will commonly used alongside a living trust. If you do not set up a pour-over will to go along with a living trust, any money or property that does not pass to the trust or other beneficiaries at your death and therefore remains outside the trust at the time of your death could be treated as though you had died without a will and will pass to your heirs under the default laws of your state.
Marvin Gaye: What’s Going On?
When Marvin Gaye died he left behind an incredible catalog of the music he had created, but also a mountain of debt he owed and back taxes as well. To further complicate matters, the Motown star and soul icon died without a will leaving his family without clear instruction on how his estate should be administrated, and a puzzle as to how to pay his debts.
How to Talk to Mom and Dad about Creating a Will
Despite the valid challenges of having conversations about death and dying, you should not avoid the topic. Your parents will pass away. at some point, and having a plan to care for their money and property when they pass away will preserve their legacy and help them care for those they love most. Having this difficult conversation will also ensure that your parents have a voice regarding their end of life or when they can no longer make financial or medical decisions for themselves. In the absence of conversations about these scenarios and a legal delegation of decision-making authority, state law governs what happens. Those default rules may not reflect your parents’ wishes. In addition, failure to have your parents’ wishes properly documented may result in their heirs having to engage in expensive and time-consuming court processes.
Chris Cornell: Show Me How To Live
Chris Cornell died in March 2017. He had his estate planning documents in order, but that did not avoid several legal filings against the estate. And four years after his death, there are still multiple disputes with the estate pending.
Reasons a Trust Might Terminate
Every trust, at some point, will end. The reasons why a trust might terminate can vary, but in general, termination occurs because the trust has accomplished its purpose, is no longer economically feasible, has distributed all of its property, is revoked, or is dissolved by the court because of a dispute or an illegality.
Aretha Franklin: The Queen Next Door
It has been three years since Aretha Franklin died and her estate is still being disputed. Four wills were found, two from 2010, one from 2014, and one from 2018. Each will gave different instructions for the distribution of assets, but a decision is yet to be made over which will, if any, is valid.
Tangled Titles: Homeownership, Property Deeds, and Estate Planning
Titles can often get tangled in the intrafamily transfer of homeownership. A tangled title most commonly occurs when the person whose name is on the deed passes away and a surviving relative continues living in the home without their name being on the deed. Until your name is on the deed, the home is not legally your property. A tangled title places you in legal limbo, creating many financial risks. Remedying a tangled title can be relatively straightforward if the homeowner of record was the sole property owner, they left a will, and the will specifies to whom ownership of the property passes upon the homeowner’s death.
Amy Winehouse: Back to Black
Amy Winehouse died young, aged just 27. It was initially thought that her estate planning was in place with rumours that her will had been updated after her divorce from ex-husband Blake Fielder-Civil. Sadly it turned out that this was not the case.