Estate Planning Attorneys Farmington : Probate & Elder Law Attorneys in Farmington, MI

Estate Planning, Probate & Elder Law Attorneys

 

Estate Planning, Probate & Elder Law Farmington, Michigan

Farmington Estate Planning & Probate Attorneys

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The Elder & Disability Law Firm, PLLC

TEL (586) 493-7652 |  Mount Clemens, MI

Name: Todd Schmitz

Birthplace: I was born in Mount Clemens. I grew up in Mount Clemens and I graduated from Mount Clemens High School. I'm one of Mount Clemens Battling Ba...(more)



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ESTATE PLANNING, PROBATE & ELDER LAW NEWS

» Wachovia splits chairman, CEO roles

» Podcast Status

A couple of things:

1. The podcasts don't take very long to record, but they take a while to write (no, for the most, I'm not improvising). I'll try to get the next one up this coming week, hopefully by Saturday at the latest.

2. You can now download the Death and Taxes podcast on iTunes. If you go to the iTunes store and search for "death and taxes blog podcast," you can find it. Unfortunately, I'm not sure how else you can find it -- there's no "legal" category in iTunes, so I'm stuck in the "business" category. Anyway, you can listen to or download individual episodes, or subscribe to the podcast.

» Activities, meetings and events.

Forum for water board candidates to be held Candidates for the Tarrant Regional Water District Board will square off at a forum at 7 p.m. April 29 at the University Christian Church, 2720 S. University Drive, ... via Fort Worth Business Press

»  Unraveling Retirement
Unfortunately retiring on easy street is more complicated than you think. Here's a road map.

» Wills with Testamentary Trusts

I usually talk about estate planning in terms of two different approaches:

Simple: having a simple Will, where you give away all of your property outright

vs.

More involved: having what's known as a pourover Will and a separate living trust. You give your property away in your living trust -- you leave it to a trustee, who holds it for one or more beneficiaries

But there's also a middle way, which involves having only a Will, but incorporating trusts into that Will. This is known as having a Will with a testamentary trust. What's the drawback to this approach, and why isn't it more popular?

Well, when I talk about the advantages of a living trust, I address 5 of them in particular:

1. Probate avoidance
2. Control
3. Creditor protection for beneficiaries
4. Privacy
5. Estate tax minimization

If you create trusts under your Will rather in a separate document, those trusts can't be funded during your life (since your Will has no effect until death). As a result, you will need a probate. Your beneficiaries also don't get privacy, since the trust information is all located in your Will, which is a public document. But the other three advantages still exist.