When Should I Make Updates To My Estate Plan
Video Summary
When should I update my estate plan? You should update your estate plan when there’s a change in circumstances. This is usually whenever the beneficiary passes away. Particularly whenever you have a husband and wife situation and you lose your spouse, that’s a good time or a reason to update your will to them. Look at your designated beneficiaries to see if they’re still the same. And also as far as selecting who your personal representative, if you want to be and do further estate planning in order to avoid probate. Also, if your personal representative becomes disqualified or dies, that’s another change in circumstance that you may wish to change your will or update your estate planning documents. Also, there can be changes as far as your children or your beneficiaries are concerned, their life, changing situations such as, alcohol or drug abuse. And if you wish to eliminate them while you should update your estate planning documents, or even who you wish to have as your power of attorney, or can make medical decisions for you. So if you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Videos, Wills
Does My Will Have To Be Probated
Video Summary
Does my will have to be probated? Your will does not have to be probated unless you have assets that are just in your name alone by having a will designating, the beneficiaries does not avoid probate. What avoids probate is titling your assets with a beneficiary designation or holding those assets jointly. So whether or not your will has to be probate depends on whether or not you die owning any assets that are titled just in your name. Most of the time that I see is it’s real estate that is in the decedent’s name and there’s no beneficiary designated on the deed. So to avoid probate, you can do estate planning. So if you have any questions about probate or how to avoid probate and estate planning, call me at (727) 847-2288.
- Published in Estate Planning, Probate, Videos, Wills
How Do You Avoid Capital Gains On A Sale Of A Home
Video Summary
How do you avoid capital gains on the sale of your home when you sell your home? If you’ve lived in the home for two out the past five years owned and lived there, you can exempt up to $250,000 of gain. So that may avoid any capital gains tax. If you have a larger gain than the $250,000, then you will have to pay capital gains tax on any amount over and above that amount. If you’re married, you can exempt up to $500,000 in gain. And so if your house sells for less and you’ve lived there for two out of the past five years and owned it during that period of time, you can exempt it from even reporting to the IRS. However, if you do have to report the sale, you exempt the $500,000, of gain. And then if you have gained more than $500,000, you must pay long term capital gains. When you sell your home, it’s not subject to a tax deferred exchange that is only for investment property. And it is there’s many times a myth that people evidently this Smith’s been around for 50 years or more that if I sell my house and then I turn around and take the money and buy another house for that money, I don’t have to pay any gains on it. That is simply a myth and not true. If you have any questions, give me a call at (727) 847-2288.
- Published in Real Estate – Selling, Videos
Can I Terminate My Commercial Lease
Video Summary
Can I terminate my commercial lease? I think the answer would probably be no, unless the landlord had breached the lease. Yeah, so you don’t have a right to terminate your, lease your commercial lease unless there’s a provision in there called a buyout provision and some commercial leases have this provision, which is usually negotiated on the front end. Before you sign the lease, it says that if you pay the landlord a certain amount of money, then they will release you from the balance of the term of your lease. Otherwise you’re bound by the lease and unless the landlord breaches it, you are not able to escape liability. Only the landlord, the money’s due under the lease. If you have any questions you can call me at (727) 847-2288.
- Published in Real Estate, Videos
Revocable Trust Vs. Irrevocable Trust: What’s The Difference
Video Summary
Revocable trust vs irrevocable trust, What is the difference? Well, just using the words, I think help better describe it than anything, but a revocable trust is usually executed for estate planning purposes and allows you to change your beneficiaries, make any modifications. As far as the trust is concerned you name yourself as a trustee and you have complete control over these assets. You can even do away with the trust. So, you have complete flexibility as far as amending the trust. And, so it doesn’t become irrevocable until such time as you pass away. And, an irrevocable trust means one that cannot be changed, that would be the case. Whenever you die, your trust becomes irrevocable and it can’t be changed. And the successor trustee must distribute the assets pursuant to the provisions of your previously revocable trust. Also, an irrevocable trust can be set up. Most of the time that’s set up, for a life insurance trust, also set up for Medicaid purposes, but an irrevocable trust means that you don’t serve as a trustee. You do not control the assets and you cannot change the terms. There are some minor modifications that you can make to an irrevocable trust as far as the trustee, things like that, and there are some circumstances where they can be dissolved or modified, but we need the consent and everyone, who is a beneficiary or potential beneficiary to join in, to modify the provisions of an irrevocable trust. So, in essence, a revocable trust, You can change it, an irrevocable trust. You can, if you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Trusts, Videos