Posts Tagged Last Will and Testament

Irrevocable Vs. Revocable Trusts – A Brief Overview

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3 Brief Trust Blogs – #2

A Revocable Trust is not a good tool for Medicaid Planning.  Medicaid is a form of creditor.  Creditors can lien assets that are in control or owned by the Debtor.  A Revocable Trust allows the Creator of the Trust to have absolute control over the Trust assets.  They are free to revoke the Trust, withdraw assets and manage the funds (Usually by being the Trustee and Beneficiary).  For this reason, a Revocable Trust is not useful for Medicaid Planning because the Trust property remains in the Creator’s control.  A better reason to establish a Revocable Trust would be to avoid probate, preserve privacy, deter a contest or entrust asset management in the event the Creator becomes incapacitated.

If you wish to learn more about Trusts, think about attending this seminar on October 19th. Seminar Info

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Summer “Will” be Fun

It’s a humid day in August, and you’re at the beach with your three kids. The scorching sun burns your shoulders; the spray bottle of water is not nearly enough to keep you cool. But as hot as it is outside you refuse to jump in the water because you fear your “still plump from the holidays” physique is not yet ready for the world to see; however, you know deep down that jumping in the cool ocean is inevitable.

In this way, jumping into the ocean is like creating a Last Will and Testament. We know that the time must come to create a Last Will and Testament, although we are never ready to take on the undesirable yet, imperative task.

It is obvious that you have, at one point in your life, heard that creating a Last Will and Testament is crucial, however to many, the reasons are ambiguous. So, to be unmistakable, here are just a few:

1.   Protects your children: Having a Will allows you to determine who will be the guardian of your children immediately after death. Without a Will, your children may be reluctantly house-hopping for an extended period of time until an adequate guardian is identified. The ability to designate the guardian of your choice protects your children.

2.   Keeps Family Sanity: When you pass away, you may not have given special instructions as to whom should receive your possessions and money. Unfortunately, this typically leads to family conflicts, even in the most stable families. With a Will, you can appoint which assets are passed on, to whom and when, thus avoiding any possible family uproar.

3.  Potential Tax Advances: If your assets exceed Estate Tax exemption levels, having the right clauses in your Will and your spouse’s Will can help you avoid unnecessary taxes. Don’t let the IRS be one of you beneficiaries.

Get a Will this summer. It will give you the refreshing feeling of knowing your family will be protected, even if you are not there; so go ahead and take that plunge!

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