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General Estate Planning Questions
What is estate planning?
What is an ‘estate’?
What sort of instructions are made as part of an estate plan?
What are some typical estate planning documents?
Who should have an estate plan?
When should I start my estate plan?
What is conservatorship?
How can an estate plan prevent a conservatorship proceeding?
What is probate?
How can an estate plan prevent probate of my estate?
How can my estate plan lower the federal transfer tax liability?
How can a trust lower the federal transfer tax liability?
How do I go about establishing an estate plan?
What about books on estate planning?
What about ‘fill-in the blanks’ forms?
What about software programs?
Does it make sense to use an attorney? Is it expensive?
Can I leave my pension to my spouse or to my child?
My dad left his affairs in the hands of my brother, one of 4 kids. Though he has been named to handle the trust, sell and distribute the property and funds, months have passed and nothing has been done. Can he be removed from the task?
I think my deceased brother had life insurance or an annuity naming me as a beneficiary. How do I go about finding it?
What should I keep in mind when I select the executor of my will?
Can a person with a life estate move out and rent the property? Do the beneficiaries have anything to say about this proposed arrangement?
If I give a power of attorney to someone, can I still act for myself? Does it matter if I give a general or limited power of attorney?
Conservatorship
What is conservatorship?
How is a trust helpful in estate planning?
How can a trust prevent a conservatorship proceeding?
How can an estate plan prevent a conservatorship proceeding?
My close relative is ‘losing it’ and doing bizarre things. What can I do?
Are conservators paid?
How long does conservatorship last?
I have had a durable power of attorney for my mom for several years. Recently I married and changed my last name and address. Can I just change the information and reprint the first page of the poa document or do I have to sign, date and notarize a new form?
Do-it-yourself estate planning
What about books on estate planning?
What about ‘fill-in the blanks’ forms?
What about software programs?
My boyfriend's mom was included in a will but the person's will was done on the computer and some parts of the will were omitted, as for example, only one witness space was provided. The will was notorized and signed by one witness. Probate disallowed the will and my boyfriend's mom is not going to get what she is suppose to. What can she do?
Estate planning terminology
What do all these complicated words mean?
Legal help
Can I handle probate without a lawyer?
Does it make sense to use an attorney? Is it expensive?
Life insurance beneficiaries
When I was married to my ex, our wills listed our children to receive our life insurance. Now I have remarried but have not changed my original will. If anything happens to me, would my ex and his kids reap the benefits of the life insurance money?
My friend was a beneficiary on her ex-husband's life insurance policy. In trying to collect for funeral expenses, she was told her divorce released her automatically as a beneficiary. Why?
I am pretty sure that my deceased grandmother had a life insurance policy, but I have no paperwork or other record. Is there a way that I can find out?
I think my deceased brother had life insurance or an annuity naming me as a beneficiary. How do I go about finding it?
In 1993 I was made beneficiary of a prepaid life insurance policy. Two years later the policy owner died and I had moved and forgot all about it. How do I find out if I am entitled to the payout of the policy after all these years?
Need for estate planning
What is estate planning?
What is an ‘estate’?
Who should have an estate plan?
Why might I need asset protection?
How do I go about establishing an estate plan?
When should I start my estate plan?
What is conservatorship?
How can an estate plan prevent a conservatorship proceeding?
How can a trust prevent a conservatorship proceeding?
How can an estate plan prevent probate of my estate?
How can my estate plan lower the federal transfer tax liability?
Who should have a will?
How is a trust helpful in estate planning?
I'm interested in donating my organs after my death for transplantation, teaching, or scientific research. What should I do?
My uncle wanted his organs to go to a hospital near where he used to live. If they cannot accept the organs, what happens?
Can family members approve an organ donation for a deceased relative?
What about the reverse mortgage program to help me with finances?
What techniques can I use with my business property?
Pension
Can I leave my pension to my spouse or to my child?
If my spouse dies before retirement, can I collect his/her benefits?
I am 55 and want to retire next year. Can I receive my pension benefits then or do I have to wait until I am 65?
Probate
What is probate?
Where is probate handled?
Why is probate necessary?
How can an estate plan prevent probate of my estate?
Does all a person’s property have to go through probate?
Would a ‘dresser drawer deed’ -- a deed filled out and notarized but not filed until death --be wise, legal, and avoid probate?
Tax liability
When does an estate become taxable?
How can my estate plan lower the federal transfer tax liability?
Are there techniques available to reduce or avoid estate taxes?
Are there techniques available to reduce or avoid gift taxes?
Can a will reduce estate taxes?
How can a trust lower the federal transfer tax liability?
I was told by my accountant to exclude my grandchildren from my will because they would be subject to a generation-skipping transfer tax. Was my accountant correct?
Trusts
What is a trust?
What is a trust estate?
Who are the parties to a trust?
Can I create a trust, serve as the trustee and be the trust beneficiary?
What are some of the different forms of trusts?
How is a trust helpful in estate planning?
Who should have a trust?
How much do trusts cost?
When should I create a trust?
How do I select the trustees and successor trustees?
How can a trust prevent a conservatorship proceeding?
How can a trust lower the federal transfer tax liability?
What is the difference between a will and a trust?
Is a living will different from a ‘living trust’?
If I have a living will, would I also need a real ‘will’ or a ‘living trust’?
A financial institution appointed by the court is the trustee of my father's trust for my children. Funds can be withdrawn for college, down payment on a home, subject to the trustee's approval. The balance of the funds will be turned over when each beneficiary reaches 30. Can we change the trustee and bypass the stipulations of the trust?
Types of documents
What are some typical estate planning documents?
What sort of instructions are made as part of an estate plan?
How is a trust helpful in estate planning?
What are some of the different forms of trusts?
What is a ‘trust agreement’ or a ‘declaration of trust’?
What is a ‘will’? Is it the same as a ‘last will and testament’?
Does a will cover all my property?
What are self-probating wills?
What about ‘fill-in the blanks’ forms?
If I give a power of attorney to someone, can I still act for myself? Does it matter if I give a general or limited power of attorney?
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