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
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
What Is a Testamentary Deposit Account
Video Summary
What is a testamentary deposit account? While testamentary means who you want to receive something upon your death. The most common form of a testamentary deposit account is one where you set it up with the bank and put the initials on it: P O D upon your death, if there’s any money in there or whatever money’s in there, it’s payable to whoever you’ve designated whenever you opened the account. And so they would be the beneficiaries, which would be a testimony account ITF, which is in trust for which is, did the same thing where you would hold the money in your name, but the account would be in your name and then upon your death, that would designate who would receive the account. So those are a couple of examples of testamentary accounts, which would pass to your beneficiaries upon your death. And that’s all set up through your banking. Also if you have brokerage account, you can set those up and those initials are T O D, which stands for transfer on death. So if you have an account, let’s say with, Merrill Lynch, you can in your name and you want to go to your son’s name, but not have he not have any access during your lifetime, you can check with your broker and say, I’d like to, make this account, go to my son automatically. And then they can set up an account with T O D, which means transfer on death, which would operate the same as a bank account. If you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Trusts, Videos
Does Revocable Trust Need a Bank Account
Video Summary
Does revocable trusts need a trust account or bank account? The answer to the question is yes. If you have an account that you want controlled by your trustees, you need to by your trust, you need to name, to set up the account and your name as trustee of your particular trust. The reason for that is, is if it’s just in your individual name, then the provisions, the trust do not apply. So sometimes you see people that have set up a wonderful trust and it says everything. And the idea is to avoid probate, but they don’t turn around and retitled their assets and their name is trustee under their trust. So whenever they pass away, you have to go through a probate process to get an order for the assets to go to the trust and then have the trust, distribute the assets, which defeated the whole purpose of setting up the trust to avoid probate. So if you want assets to be controlled, by your trust, you need to title them in the name of your name as trustee under your revocable trust and name your as trustee and name your trust in the, how you title the asset for it to be controlled by the, the provisions of your trust. If you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Probate, Trusts, Videos