NOVEMBER 19, 2012 VOLUME 19 NUMBER 42 Here’s the headline: the annual gift tax exclusion amount, which has been set at $13,000 per year since 2009, will increase next year by $1,000. That means you can give up to the higher figure ($14,000) to any one other person without having to file a federal gift …
NOVEMBER 12, 2012 VOLUME 19 NUMBER 41 A prospective client asks: “Can my mother cut me out of her will after my father dies? His will leaves everything to the children after her death.” That deceptively simple question comes in a number of variations (like: “My mother’s will left everything to her children, but her …
Step-Children and Disinherited Children Might Have Rights — It Depends Read More »
NOVEMBER 5, 2012 VOLUME 19 NUMBER 40 We hear that request all the time. “I want to make it easy for her when I die — just put my daughter’s name on the deed,” client after client insists. When we resist, they think we are acting too much like lawyers. There are no statistics out …
I Just Want to Put My Daughter’s Name On My Deed Read More »
OCTOBER 22, 2012 VOLUME 19 NUMBER 39 We are frequently asked how much it will cost to get a guardian and/or conservator appointed for a parent or other relative. It is hard to answer with precision, but it is a fair question. Let us see if we can give you some guidance. First, a few …
How Much Does It Cost to Get a Guardian and/or Conservator Appointed? Read More »
OCTOBER 15, 2012 VOLUME 19 NUMBER 38 At Fleming & Curti, PLC, we practice “elder law.” But what does that mean? Are all our attorneys elderly? (No) Are they all senior members of a religious group? (No) Are all our clients above a certain age? (No) Then what is the significance of the term “elder …
OCTOBER 8, 2012 VOLUME 19 NUMBER 37 Bear with us. This story will be a little dense and involve more difficult legal issues than we usually like to tackle. The good news: at the end you get an honorary law degree. Well, not really — but you’ll probably deserve one. Matt Silver (not his real …
LLC Interest Not Transferred to Trust During Life, is Subject to Probate Read More »
OCTOBER 1, 2012 VOLUME 19 NUMBER 36 From time to time we have written about what lawyers usually call “in terrorem” provisions in wills and trusts. They are perhaps better known as “no-contest” clauses, and they are intended to prevent will (or trust) contests after the death of the signer. Typically, they say something like: …
“In Terrorem” Provision Does Not Violate Public Policy Read More »
SEPTEMBER 24, 2012 VOLUME 19 NUMBER 36 Two weeks ago we wrote about why you might want to plan your estate with an eye toward avoiding probate. We hope you concluded, with us, that the probate process may not be as onerous as one would believe based on its bad reputation. We concluded with a …
We Suggest Two Positive Things About Probate — But Not Too Vigorously Read More »
SEPTEMBER 10, 2012 VOLUME 19 NUMBER 35 Earlier this year we wrote about how to avoid probate. We told you at the time that we might later address whether to avoid probate. This week we’re going to tackle that topic. You might be thinking something like: “‘whether to avoid probate’? Isn’t that foolish? Of course …
Is It Important to Avoid Probate? Why, or Why Not? Read More »
SEPTEMBER 3, 2012 VOLUME 19 NUMBER 34 I’m thinking about setting up a special needs trust for my son, who has a developmental disability. Will it mean a lot more work for my daughter, who will be handling the estate? It’s a fair question, and one we hear a lot. No one ever asks: “could …
Special Needs Trusts: How Much Trouble Are They to Manage? Read More »
