Lifetime Asset Protection Trusts: Airtight Asset Protection For Your Child’s Inheritance — Part 2

In the first part of this series, we discussed a unique planning tool known as a Lifetime Asset Protection Trust. Here we explain the benefits of these trusts in further detail.

If you’re planning to leave your children an inheritance of any amount, you likely want to do everything you can to protect what you leave behind from being lost or squandered.

While most lawyers will advise you to distribute the assets you’re leaving to your kids outright at specific ages and stages, based on when you think they will be mature enough to handle an inheritance, there is a much better choice for safeguarding your family wealth.

Lifetime Asset Protection Trusts: Airtight Asset Protection For Your Child’s Inheritance — Part 1

As a parent, you’re likely hoping to leave your children an inheritance. In fact, doing so may be one of the motivating factors driving your life’s work. But without taking the proper precautions, the wealth you pass on is at serious risk of being accidentally lost or squandered. In some instances, an inheritance can even wind up doing your kids more harm than good.

Creating a will or a revocable living trust offers some protection, but in most cases, you’ll be guided to distribute assets through your will or trust to your children at specific ages and stages, such as one-third at age 25, half the balance at 30, and the rest at 35.

How to Protect Your Real Estate Assets

If you own real estate, chances are you have purchased insurance to protect your assets against damage or loss. But have you taken the necessary steps to protect your assets against lawsuits or probate?

If you own rental properties, there is likely a nagging fear in the back of your mind about being sued by one of your tenants. And if there isn’t, there probably should be. It’s a major risk.

And while it may be heartbreaking to think about, there is always a chance your death could trigger a family feud over your home, vacation home or other real estate investments.

Reasons to Establish a Trust (and Being Rich Isn’t One of Them)

When you hear the words, “trust fund,” do you conjure up images of stately mansions and party yachts? A trust fund — or trust — is actually a great estate planning tool for many people with a wide range of incomes who want to accomplish a specific purpose with their money.

Simply put, a trust is just a vehicle used to transfer assets. According to an article at The Motley Fool, Trust Funds: They're Not Just for the Rich, and You Might Need One, trusts are especially useful for parents of minor children as well as those who wish to spare their beneficiaries the hassle of going to Court in the event of their incapacity or death.

Estate Planning, Family Law, TrustErica EndykeOctober 21, 2019TrustComment

Asset Protection: When a Will Won’t Work

One of the most prevalent misconceptions when it comes to estate planning is that if you have a will, it will take care of everything that needs to happen after you die in terms of your assets. But before you leave everything to just a will, consider these circumstances where a will simply doesn’t work…

Estate PlanningErica EndykeOctober 14, 2019Estate Planning, will, assets, privacy, court

Retirement Planning Reality Check

The National Institute on Retirement Security states that the funds American workers have set aside for retirement are inadequate to the tune of trillions of dollars. Why? Well as the old adage goes: Failing to plan is as good as planning to fail.

One of the first pitfalls in retirement planning is giving up before you ever start. Many people look at projections of what will be needed to retire and conclude it is simply out of reach, so why even try? In conjunction with this defeatist attitude about saving, they may also think Social Security will provide them with a safety net. But the cold hard reality is, Social Security provides nothing more than a meager income at best. It does, however, provide at least a part of what those projections tell you is going to be required.

Estate PlanningErica EndykeOctober 4, 2019retirement, investment, 401k

How to Fund Your Trust to Avoid Probate

A common estate planning mistake many people make — including celebrities like Michael Jackson — is not ensuring the trust you have created holds all your assets. Unfortunately, most lawyers simply do not make sure this is properly handled for their clients, so if you’ve worked with any law office other than ours, you need to double check this critical issue. If you do not transfer your assets into your trust, it is an empty shell and does nothing to accomplish the objectives you had in mind when you established it.

TrustErica EndykeSeptember 30, 2019trust, probate court

Power of Attorney — What Is It and Is It Enough?

Power of attorney (POA) is a document that grants a specific person, called an agent, the authority to make important decisions on behalf of another person, called the principal.

There are many different kinds of power of attorney. The scope of the authority the principal grants to the agent can be very broad or quite specific. The power of attorney document specifies exactly what that authority looks like.

Erica EndykeSeptember 23, 2019power of attorney

Three Health Care Documents You Need to Include in Your Estate Plan

Decisions about your health care are some of the most important you will ever make.

Don’t put off making plans until you are unable to assert your wishes. Including health care documents in your estate plan can ensure your decisions are always your choice, even if you cannot speak for yourself.

Health care documents that clearly state your wishes should be included in your comprehensive estate plan. Here are three documents you need to include in your estate plan to ensure your wishes are respected:

Estate PlanningErica EndykeSeptember 16, 2019estate plan, living will, HIPAA

Is Your Family “Too Young” to Need an Estate Plan?

Young families face different estate planning needs and challenges than those who have had a long life behind them. While established families may be concerned about what will happen to their family when they pass on, young, growing families can be more focused on what is happening to their family in the present. And you even may find it hard to justify planning for an “estate” you haven’t yet established!

But here’s the thing … if you have children, or anyone else you care about, you may not have an “estate”, but you do need estate planning, if you want to ensure your loved ones wouldn’t be stuck in court and/or conflict, if anything happens to you.

Estate PlanningErica EndykeSeptember 9, 2019estate plan, Estate Planning, estate planning for families

The Real Cost To Your Family of Failed Estate Planning: Not Updating Your Plan

If you’re like most people, you probably view estate planning as a burdensome necessity—just one more thing to check off of life’s endless “to-do” list.

You may shop around and find a lawyer to create planning documents for you, or you might try creating your own DIY plan using online documents. Then, you’ll put those documents into a drawer, mentally check estate planning off your to-do list, and forget about them.

The problem is, your estate plan is not a one-and-done type of deal.

The Real Cost To Your Family: Having No Estate Plan At All

When it comes to putting off or refusing to create an estate plan, your mind can concoct all sorts of rationalizations: “I won’t care because I’ll be dead,” “I’m too young,” “That won’t happen to me,” or “My family will know what to do.”

But these thoughts all come from a mix of egoic pride, denial, and above all, we imagine, a lack of real education about estate planning and the consequences to your family. Once you understand exactly what planning is designed to prevent and support, you’ll realize there really is no acceptable excuse for not having a plan, provided you are able to plan and truly care about your family’s experience after you die or if you become incapacitated.

Do Your Homework to Ensure Your Kids Are Properly Cared For No Matter What Happens

It’s back-to-school time again, and when it comes to estate planning you may have homework to do. As a parent, your most critical—and often overlooked—task is to select and legally document guardians for your minor children. Guardians are people legally named to care for your children in the event of your death or incapacity.

Estate PlanningErica EndykeAugust 19, 2019Estate Planning, children

When to Update My Estate Plan

Is it time to update your Estate Plan.

There are two major mistakes in Estate Planning. The first is failing to have a plan at all; the second is failing to update it. Since no one has the crystal ball to forecast when your time will come, your plan should always be reflect your current circumstances, wishes and desires. Since life so fluid, these three elements are constantly shifting.

Estate PlanningErica EndykeAugust 12, 2019Estate Planning, update

What a Will Won’t Do

There are a number of essential things a last will and testament can do for you, such as distribute family heirlooms and name a guardian for minor children, but there are some equally important things a will won’t do.

Erica EndykeAugust 5, 2019will, last will and testament

How to Create a Pet Trust

There is no doubt we are a nation of pet lovers. Unfortunately, the law as it is currently written views pets as property, so providing for your pet in your will won’t work. So how do you protect your favorite fur-person? With a pet trust.

Erica EndykeJuly 22, 2019pet, trust, trustee

Understand What’s At Stake Before Agreeing to Serve as Trustee

Being asked by a family member or close friend to serve as trustee for their trust upon their death can be an incredible honor. At the same time, however, serving as a trustee can be a massive responsibility—and the role is not for everyone.

Life Planning Documents

Most often associate “estate planning” with death. Specifically, what happens to assets after death. However, there are a few documents that are effective while you are living. In fact, they are only effective while you are living so that as soon as you die, they do too. These documents are used when you are physically incapable or unavailable to make decisions on your own. Since statistically speaking, you have more of a chance of becoming incapacitated than dying, these life planning tools are essential for everyone to have.

Erica EndykeJune 27, 2019life planning documents, living will, power of attorney, health care proxy