Estate Planning Attorneys Bad Nation : Probate & Elder Law Attorneys in Bad Nation, SD

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Estate Planning, Probate & Elder Law Bad Nation, South Dakota

Bad Nation Estate Planning & Probate Attorneys

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Thompson Law, P.C.

TEL (605) 362-9100 |  Sioux Falls, SD

About Carolyn A. Thompson, Attorney at Law

As an attorney in Sioux Falls, Carolyn A. Thompson provides a wide range of estate planning services to her clients, with a prima...(more)



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ESTATE PLANNING, PROBATE & ELDER LAW NEWS

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"We've got all kinds of antibiotics that will kill everything right now. And we do too, right now."

Louisville attorney Turney P. Berry made the assessment to those assembled for the 23rd National Conference on Equine Law, which opened a two-day run April 30 at the Embassy Suites hotel in Lexington. via Blood Horse

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There’s a new movie out called Sweeney Todd. I haven’t seen it yet, but it has all the features I look for in a flick: revenge, dark humor, and even a little singing (ok, I confess that last one is a lie — I despise musicals). The people marketing the movie are doing something fun [...]

» Auld out at Berthel Fisher

» 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.

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If the offerings in your employer's plan aren't so great, put your money elsewhere.