What Is Better Per Stirpes Or Per Capita?
Video Summary
What is better is per stirpes or per capita? Well, I don’t know that either one of them is better than the other. You use them to determine what your intent is. If you want the devised to go to your child, or if that child dies before you want it to go to their children or your grandchildren of that child, then you would use the word per stirpes or per stirps. If on the other hand, if you have, let’s say, three children and you want your estate to go to the survivor so that if one of your children dies before you want your entire estate to go to the other two, you would want to use the word per capita in your estate plan. So I’ll leave everything to my three children, and you would name them in equal shares per capita. So per capita, you count the number of heads that are alive at the time of your death to determine who receives it. On the other hand, if it’s per stirpes, you determine if any of the children have died before you and or your executor does because you are deceased and determine whether who you determine their children or their heirs to distribute their share to those grandchildren or their heirs. If you have any questions about it, give me a call at (727) 847-2288.
- Published in Estate Planning, Trusts, Videos
How Do I Get an Advance or Loan on My Share of the Probate Assets In The Estate or Trust?
Video Summary
How do I obtain an advance or loan on my share of the probate estate or Trust? Well, there’s various companies out there that will loan you money on your inheritance. I think the interest rate is very, very high. What I would suggest you do is to ask the executor or trustee of the estate or trust if they can make a partial distribution to you of your share of the trust with an estate or even with a Trust. Sometimes it’s difficult for them to know how much is going to be available if there are any creditors outstanding, or they must liquidate real estate as far as that’s concerned. But there are several companies out there who will lend money or give you a loan against your inheritance. I’m not sure just what the interest rate is, but they’ll take an assignment of your beneficial interest and I’m not sure what the loan to value would be. So, if you have any questions about it, give me a call at (727) 847-2288.
- Published in Estate Planning, Trusts, Videos
How Can I Obtain a Copy of My Parents’ Trust?
Video Summary
How can I obtain a copy of my parents’ trust? If your parents are still alive, you’re not entitled to their trust, assuming that’s a joint trust, and both of them are beneficiaries of the trust during their lifetime. After they pass away, the successor trustee is supposed to, by Florida statute, give notification to the beneficiaries and if requested, if your beneficiary and request a copy of the trust, that successor trustee would then forward that to you. If you’re not a beneficiary of the trust, you’re not entitled to a copy of the trust. Then there’s a question is as well, how do I know if I’m a beneficiary or not, or if the trustee isn’t speaking to me That does present a problem, and I don’t have a very good solution for you. If you have any questions, give me a call to (727) 847-2288.
How Do I Know If I Am a Beneficiary of a Trust?
Video Summary
How do I know if I’m a beneficiary of a Trust? Well, usually this comes into play whenever your parents or a relative has a revocable trust and then upon their death their estate is to be distributed to various beneficiaries. The successor trustee of those trusts is obligated under Florida law to send a notice to beneficiaries that they’re beneficiary on the trust and notify the beneficiary that they are entitled to a copy of the trust if they would like. Also, you would be entitled to inventory and accounting. If you’re not a beneficiary under the trust, the trustee has no obligation to send to you a copy of the trust, and you’re not entitled to get a copy of it because it’s not a public record. The question that arises many times is, well, I think I’m a beneficiary, but I don’t know that, and I’d like to copy the trust to verify that. Well, unfortunately, you’re not entitled to a copy of the trust unless you’re a beneficiary, and if you have a trustee who you don’t get along with and they won’t talk to you, you can’t very well make them, give you a copy of the trust. Since you don’t know whether you’re a beneficiary or not. I don’t have a good solution for you to try and force a copy of the trust whenever the trustee’s not cooperative for you to determine if you’re a beneficiary or not. So, if you have any questions, give me a call at (727) 847-2288.
What Kind of Decisions Can a Health Care Proxy Make?
Video Summary
What Healthcare decisions can a healthcare proxy make? The ones that are drafted or eye draft called designation, this healthcare proxy as a healthcare surrogate. The healthcare surrogate can make just about any decision as far as your health is concerned, although those decisions can’t override your decisions. So, if you give written or oral instructions to the medical provider or whoever’s giving this to you, the Healthcare surrogate can’t use their discretion to override those decisions. So if there’s any restrictions you would need to review the healthcare proxy form to see that, number one, it is comprehensive, but two, if there are any restrictions in conjunction with that, I have drafted them where there are restrictions, particularly for folks of a particular religious denomination as far as blood transfusion and the administration of certain drugs as far as that’s concerned. So, if you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Trusts, Videos