Estate Planning Articles

Benefits of mediation in estate planning

A recent case in Illinois highlights the value of mediation in resolving estate-planning disputes. The case involved a successful family business created by Daniel and Mary O’Brien. The business, valued at $125 million as of 2013, included interests in hotels, a nursing home, a golf course, gas stations, fast-food franchises and warehouses. Most of the business assets were operated through limited partnerships, and the rest were held in revocable trusts, in S corporations or in the

Guidance on grandparent gifting

Grandparents are regularly generous with grandchildren, sometimes giving significant amounts of money. Often they want to share their resources to leave a legacy. In some cases, their children or grandchildren are dealing with financial hardship. Grandparents might also believe that their kin shouldn’t have to wait for their inheritance. Grandparents commonly provided assistance paying for summer camp, college tuition, weddings or down payments for homes. They should keep the following factors in mind when giving to

Finding someone’s date of death

Imagine your grandfather left a portion of his estate to his sister, but Great Aunt Irma has been gone for years. In order to probate his will or other legal documents, you may need to find Irma’s date of death. If Aunt Irma passed away in the last 50 years, finding this information should be fairly routine. Look for a website that offers access to the Social Security Death Index (SSDI). This list contains more than

Plan to protect kids with special needs

Raising a child with special needs can be a rich experience. It’s also a costly one that comes with unique challenges for your financial future and estate plans. There is no one-size-fits-all recommendation, but here are some things to consider: Your future security: Protect your children by securing your own financial future. Start saving for retirement as early as possible to take advantage of compound interest. Life insurance: Consider investing in enough life insurance to care

Land trusts provide anonymity, tool to avoid probate

A land trust is a private legal agreement that transfers a property title from the owner to a trustee. The trustee agrees to hold that title for the benefit of another party. The creator of the trust, known as the trustor, is typically the primary beneficiary for their lifetime. This party retains complete use of the land and owns the beneficial interest thereof. Land trusts are generally revocable, meaning the trustor may modify or terminate the

Estate planning for taxpayers without kids

If you’re single with no kids or married without kids, you have some unique estate planning needs. You’ll require special strategies for health care, emergencies, and division of your estate. Plan for extra care costs. Growing older without a built-in support team may mean you’ll have extra expenses for care. You may need to hire people to check in with you, to run errands or to drive you to appointments. If you plan to rely on

Increase in nursing home closures across U.S.

Choosing nursing home care can be a big, emotional decision. Long-term care is a sizable investment, and many people struggle with entrusting their loved one’s care to someone else. Now some families are dealing with an additional hurdle, as nursing home closures are forcing some seniors to relocate, widening the distance families must travel to visit. In what is described as an “epidemic,” rural nursing homes across the U.S. are closing. With staff shortages and low

Use caution when creating an IRA inheritance trust

When you hold an IRA, those funds can be distributed to the person you name as the beneficiary or to an inheritance trust. Some IRA owners choose a trust because it gives them a degree of control over how the assets are distributed after they die. Before you name a trust as the beneficiary of your IRA, however, consider the pros and cons. Designating a trust as beneficiary can be useful if the intended beneficiary has

Estate planning critical for non-traditional couples

Generally speaking, estate planning laws were designed for the traditional nuclear family, a married couple with kids. But according to the 2010 U.S. Census, such families are less than 50 percent of the total. Non-traditional families, including single parents, blended families and unwed partners, need to pay particular attention to their estate plans to avoid unwanted consequences. If you die without a will, your assets will be distributed according to your state’s default laws. If you’re

Preventing a will contest

When you write a will, you have control over how your assets will be distributed after your death. However, if someone in your family disputes your will, an anonymous probate court judge could end up with the final say over who gets your property. Emotions run high when someone dies. If family members aren’t content with what they’ve received or don’t believe your wishes are being interpreted properly, they may contest your will. Will contests can

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