Category Archives: Estate Planning

Why I am Not A Big Proponent of Revocable Living Trusts

As I have mentioned before that in addition to my day job, and this blog I operate a very small law practice. In both my law practice and day job Revocable Living Trusts come up often, however, I am not a particularly big proponent of using them for one specific reason discussed below. What is

Make Sure Your IRA Beneficiary Is Correct

A few years ago the United States Supreme Court ruled in Kennedy v. Plan Administrator for DuPont Savings and Investment that 401(k) proceeds would go to the decedent’s ex-wife (divorce occurred in the 70’s) instead of the new wife (marriage was in tact for more than a decade) because that is what the account beneficiary

At Death What You Think Someone Else Wants is Irrelevant

At Death What You Think Someone Else Wants is Irrelevant

Absent fraud, duress, undue influence or a few other rare reasons whether you agree with a decedent’s estate plan is Irrelevant.  It is amazing how often I have to explain to someone that just because your pain in the ass relative left all her money to her cats doesn’t mean you should complain about it

What is Portability in Estate Planning?

What is Portability in Estate Planning?

There were a lot of tax law changes (as well as a lot of things that were kept the exact same) when President Obama signed into law the Unemployment Insurance Reauthorization and Job Creation of Act of 2011, but there was one change that simply put, shocked me.  It was the brand new idea that

Money Can do Good Things Money Can do Bad Things

Money Can do Good Things Money Can do Bad Things

I was reading the January/February 2011 issue of Money Magazine when I came across the “Readers to the Rescue Section.”  This particular issue’s question was “Is it okay to stipulate in a  will how inherited funds may be spend?”  First, thing is first, someone’s will is based on the eventual decedent’s testamentary intent, and if