Minor Children

Monday, June 19, 2017

When you should establish an IRA as a trust


Financial-Planning.com published an article by Ed Slott entitled, "When you should establish an IRA as a trust" (May 31, 2017). Provided below is a brief summary of the article published at Financial-Planning.
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Monday, March 6, 2017

PLANNING MATTERS: Why you need an Estate Plan


Wickedlocal.com published an article by Leanna Hamill entitled, "PLANNING MATTERS: Why you need an Estate Plan" (Feb 7, 2017). Provided below is a brief summary of the article published at Wickedlocal.
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Monday, February 20, 2017

Proper Estate Planning More Than Just Documents


Poughkeepsiejournal.com published an article by Bernard A. Krooks entitled, 


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Monday, January 23, 2017

6 Reasons to Revise Your Estate Plan as Soon as Possible


Forbes.com published an article by Mark Eghrari entitled, "6 Reasons to Revise your Estate Plan as Soon as Possible" (Jan 2, 2017). Provided below is a brief summary of the article published at TheTimesHerald.


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Monday, January 9, 2017

New Year’s Resolution: Plan to Plan


TheTimesHerald.com published an article by Matthew Wallace entitled, "New Year's Resolution: Plan to Plan" (Jan 2, 2017). Provided below is a brief summary of the article published at TheTimesHerald.
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Monday, December 26, 2016

Estate Planning for Special Needs


Forbes.com published an article entitled, "Estate Planning for Special Needs" (Nov 7, 2016). Provided below is a brief summary of the article from Forbes.
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Monday, October 17, 2016

How a Will Treating Children Differently Can Still Be Fair


Paul Sullivan (The New York Times) has recently published an article entitled, "How a Will Treating Children Differently Can Still Be Fair" (July 29, 2016). Provided below is a brief summary to the article from The New York Times:

How a Will Treating Children Differently Can Still Be Fair

How parents leave inheritances that are unequal but fair, or at least understandable, to their children and how those children deal with it can be challenging - and may require some difficult and open conversations.


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Monday, October 3, 2016

When Dividing Assets, the Little Things Matter


Paul Sullivan (The New York Times) published an article entitled, "When Dividing Assets, the Little Things Matter" (April 15, 2016). Provided below is a brief summary to the article from The New York Times:

 

 When Dividing Assets, the Little Things Matter

People often spend a lot of time crafting estate plans that lay out how their big assets - from cash to homes and securities - will be divided among their children, grandchildren and everyone else down the line.


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Monday, July 20, 2015

What would happen if another child is born after establishing an estate plan?

This question presents a fairly common issue posed to estate planning attorneys. The solution is also pretty easy to address in your will, trust and other estate planning documents, including any guardianship appointment for your minor children.

First, its important to note that you should not delay establishing an estate plan pending the birth of a new child.  In fact, if your planning is done right you most likely will not need to modify your estate plan after a new child is born.  The problem with waiting is that you cannot know what tomorrow will bring and you could die, or become incapacitated and not having any type of plan is a bad idea. 

In terms of how an estate plan can provide for “after-born” children, there are a few drafting techniques that can address this issue.  For example, in your will, it would refer to your current children typically by name and their date of birth. Then, your will would provide that any reference to the term "your children" would include any children born to you, or adopted by you, after the date you sign your will.

In addition, in the section or article of your will that provides how your estate and assets will be divided, it could simply provide that your estate and assets will be divided into separate and equal shares, one each for "your children." That would mean that whatever children you have at the time of your death would receive a share and thus the will would work as you intend, even if you did not amend it after having a new child. 

On a side note, you should make certain that your plan does not give the children their share of your estate outright while they are still young.  Rather, your will or living trust should provide that the assets and money are held in a trust structure until they are reach a certain age or achieve certain milestones such as college graduation or marriage. Any good estate planning attorney should be able to advise you about this and help walk you through the various options you have available to you.


Tuesday, June 17, 2014

Five Estate Planning Lessons From The Paul Walker Estate

Danielle and Andy Mayoras (Forbes.com) have published an article entitled Five Estate Planning Lessons From The Paul Walker Estate” (Feb 10, 2014). Provided below is a summary of the article from Forbes.com:

Five Estate Planning Lessons From The Paul Walker Estate

Recently, Paul Walker's father filed to open the estate, which included Paul Walker's Last Will and Testament.

The probate filing revealed that Paul Walker’s assets totaled about 25 million dollars. The filing also showed that Walker had a revocable living trust in which he named his daughter the sole beneficiary of that trust. Unlike wills that are public documents, Trusts are private documents, thus no one but the designated ones according to the Trust will know what the Trust language states.

Lesson #1: Paul Walker placed His Trust In A Trust.

Depending on your circumstances, having a trust is one of the best Estate Planning tools for a lot of people, having a will is only a portion of the planning. Paul Walker’s will transferred all of his assets into a trust he created. This allows the probate process to be much quicker and simpler.

Lesson #2: Trusts Must Be Funded During Life.

When you fund your trust during your lifetime all the assets you put into your Trust will automatically be private once you pass away, meaning that nothing should be left to pass through the will. The reason we do know that Walker had a will, trust, and 25 million in assets is because he didn't fully fund his trust. 

Lesson #3: No One Should Wait Until They Are Old To Do Estate Planning.

Paul Walker’s will was signed in August of 2001, when he was only 28 years old. Far too many adults in this country wait until “someday” to prepare even a basic will.  No one should ever procrastinate with estate planning!  Walker certainly didn’t plan to die in a car accident.

To continue reading the Five lessons head over to read the full article by clicking the link: "Five Estate Planning Lessons From The Paul Walker Estate" By Danielle and Andy Mayoras (Forbes.com).  


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Attorney Karnardo Garnett represents clients with their Estate Planning, Elder Law and Asset Protection needs throughout the Tampa Bay Area, serving all of the bay area, including but not limited to Tampa, Brandon, Clearwater, St. Petersburg, Gibsonton, Riverview, Oldsmar, Safety Harbor, Hillsborough County, and Pinellas County, FL



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