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A revocable trust can be a versatile tool in your estate plan

Posted On: FEBRUARY 2025

A revocable trust (sometimes referred to as a “living trust”) is a popular estate planning tool that allows you to manage your assets during your lifetime and ensure a smooth transfer of those assets to your family after your death.

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Charitably inclined? Pair a donor-advised fund with your estate plan

Posted On: FEBRUARY 2025

Your estate plan is the perfect place to make charitable gifts if you’re a charitably inclined individual. One vehicle to consider using is a donor-advised fund (DAF).

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Balancing legacy and independence: The role of an inheritor’s trust

Posted On: FEBRUARY 2025

An inheritor’s trust is a specialized estate planning tool designed to protect and manage assets you pass to a beneficiary. One of its primary advantages is asset protection. It allows your beneficiary to receive his or her inheritance in trust rather than as an outright gift or bequest. Thus, the assets are kept out of his or her own taxable estate.

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Managing your residuary estate

Posted On: FEBRUARY 2025

Even with a comprehensive estate plan, it’s likely you’ll have some assets in a residuary estate. Like the sediment at the bottom of your glass after you finish a fine wine, an estate plan may also leave some residue.

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How an HSAcan benefit your estate plan

Posted On: FEBRUARY 2025

A Health Savings Account (HSA) can positively affect your estate plan. How? In addition to serving as a viable option to reduce health care costs, an HSA’s funds grow on a tax-deferred basis.In fact, an HSA is similar to a traditional IRA or 401(k) plan in that it’s a tax-advantaged savings account funded with pretax dollars.

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Financial power of attorney

Posted On: FEBRUARY 2025

A financial power of attorney (POA) can be a critical component of your estate plan. It appoints a trusted representative (often called an agent) to make financial decisions on your behalf in the event you’re unable to do so.

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You’re attempting to create your estate plan with DIY tools

Posted On: FEBRUARY 2025

Interested in trying to prepare your own estate plan? There are resources available to assist you, such as online services, computer software and how-to books. Do-it-yourself (DIY) estate planning may save you hundreds or even thousands of dollars up front.

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Leaving specific assets to specific heirs may lead to unintentional outcomes

Posted On: JANUARY 2025

Does your estate plan leave specific assets to specific family members? If so, you may want to reconsider your plan. While it may be tempting to say, leave your son your classic car and give your daughter a family heirloom, doing so risks inadvertently disinheriting other family members, even if you’ve gone out of your way to ensure that they’re treated equally.

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The ins and outs of relocating your trust to a tax-friendlier state

Posted On: JANUARY 2025

It’s not uncommon for people who live in states with high income taxes to relocate to states with more favorable tax climates. Did you know that you can use a similar strategy for certain trusts? Indeed, if a trust is subject to high state income tax, you may be able to change its residence — or “situs” — to a state with low or no income taxes.

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Estate planning for non-U.S. citizens requires extra care

Posted On: JANUARY 2025

Traditional estate planning strategies generally are based on the assumption that all family members involved are U.S. citizens. However, if you or your spouse is a noncitizen, special rules apply that require additional planning.

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Estate planning Q&A: Guardianship

Posted On: JANUARY 2025

If you’re the parent of a newborn, toddler or older child, you may be thinking about naming a guardian for him or her. This can be a difficult decision, especially if you have many choices or, on the other hand, no one you can trust.

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Have you prepared an advance health care directive?

Posted On: JANUARY 2025

An advance health care directive allows you to communicate your preferences, in advance, for medical care in the event you become incapacitated.

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5 questions single parents should ask about their estate plans

Posted On: DECEMBER 2024

In many respects, estate planning for single parents is similar to that of families with two parents. Parents want to provide for their children’s care and financial needs after they’re gone.

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If your estate includes IP, consider these planning strategies

Posted On: DECEMBER 2024

Over your lifetime, you’ve likely accumulated various tangible assets. These may include automobiles, personal property or art. It’s relatively easy to account for such assets in your estate plan, but what about intangible assets, such as intellectual property (IP)? These assets behave differently from other types of property, so careful planning is required to preserve their value for your family.

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There’s no time like the present to have your will drafted

Posted On: DECEMBER 2024

When a person considers an “estate plan,” he or she typically thinks of a will. And there’s a good reason: A well-crafted, up-to-date will is the cornerstone of an estate plan. Importantly, a will can help ease the burdens on your family during a difficult time. Let’s take a closer look at what to include in a will.

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In certain situations, filing a gift tax return is required or recommended

Posted On: DECEMBER 2024

Thanks to the annual gift tax exclusion, you can systematically reduce your taxable estate with little effort. And while you typically don’t have to file a gift tax return, in some situations, doing so may be required or recommended.

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Should a married couple use a joint trust or separate trusts?

Posted On: NOVEMBER 2024

There are many benefits of including a revocable trust in your estate plan. This trust type allows you to minimize probate expenses, keep your financial affairs private and provide for the management of your assets in the event you become incapacitated. Importantly, they offer flexibility: You’re free to amend the terms of the trust or even revoke it altogether at any time.

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Ensure you’re properly documenting your charitable donations

Posted On: NOVEMBER 2024

If you’re charitably inclined and itemize deductions, you may be entitled to deduct charitable donations. The key word is “may” because there are requirements you must meet.

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Understand your spouse’s inheritance rights before getting remarried

Posted On: NOVEMBER 2024

One of the golden rules of estate planning is to revisit your plan after a significant life event. Such an event may be getting married, having a child, going through a divorce or getting remarried.

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Taking the long view of long-term care insurance

Posted On: NOVEMBER 2024

The U.S. Department of Health and Human Services reports that roughly 70% of Americans age 65 or over will require some form of long-term care (LTC). How will you pay for these services?

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Business owner? A buy-sell agreement should be part of your estate plan

Posted On: OCTOBER 2024

If you hold an interest in a business that’s closely held or family owned, a buy-sell agreement should be a component of your estate plan. The agreement provides for the orderly disposition of each owner’s interest after a “triggering event,” such as death, disability, divorce, termination of employment or withdrawal from the business.

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You have one or more POD or TOD accounts

Posted On: OCTOBER 2024

Payable-on-death (POD) and transfer-on-death (TOD) accounts can be simple, inexpensive tools for leaving assets to your heirs outside of probate. But in some cases they can lead to unintended — and undesirable — results.

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Handle charitable bequests with care

Posted On: OCTOBER 2024

If you’re charitably inclined, you generally have two options for making charitable donations: lifetime gifts or charitable bequests at death. There are pros and cons to each approach.

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Legacy planning

Posted On: OCTOBER 2024

For those who want to arrange for a long-lasting transfer of wealth through multiple generations, consider a dynasty trust. The roots of dynasty trusts can be traced back to the common law principle known as the “rule against perpetuities.” This rule prohibited trusts from lasting indefinitely and was incorporated into law in most states. Typically, state law would require a trust to end within 21 years of the death of the last potential beneficiary at the trust’s creation.

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Moving to another state?

Posted On: OCTOBER 2024

If you recently relocated to a new state — or you’re planning such a move — it’s a good idea to review and update your estate plan. You won’t have to throw out your existing plan and start from scratch, but you may need to amend or replace certain documents to ensure that they comply with your new state’s laws and continue to meet your estate planning objectives.

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Achieve multiple estate planning goals with one trust: A CRT

Posted On: OCTOBER 2024

For many people, two common estate planning goals are contributing to a favorite charity and leaving significant assets to your family under favorable tax terms. A charitable remainder trust (CRT) can help you achieve both goals.

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Taking the mystery out of the probate process

Posted On: OCTOBER 2024

Few estate planning subjects are as misunderstood as probate. Its biggest downside, and the one that grabs the most attention, is the fact that probate is public. Indeed, anyone who’s interested can find out what assets you owned and how they’re being distributed after your death.

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What are the duties of an executor?

Posted On: OCTOBER 2024

A key decision you must make when drafting your estate plan is who to appoint as the executor. In a nutshell, an executor (called a “personal representative” in some states) is the person who will carry out your wishes after your death.

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A real-life example of why a holographic will isn’t enough

Posted On: OCTOBER 2024

Legendary singer Aretha Franklin died more than six years ago. However, it wasn’t until last year that a Michigan judge ruled a handwritten document discovered under her couch cushions was a valid will.

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Estate planning for residential real estate with a qualified personal residence trust

Posted On: SEPTEMBER 2024

Do you own your principal residence? If so, you’re likely aware that you can benefit from the home’s build-up in equity, realize current tax breaks and pocket a sizable tax- exempt gain when you sell it.

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Estate Planning Red Flag

Posted On: SEPTEMBER 2024

If you have pets, you likely think of them as cherished family members. In the eyes of the law, however, pets are property. Unless you arrange for their care and maintenance after your death, they’ll go to the residuary beneficiary in your will. If you don’t have a will, they’ll be transferred according to the laws of intestate succession which are unique to each state.

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Using your annual gift tax exclusion is an easy way to reduce your estate’s value

Posted On: SEPTEMBER 2024

It’s fair to say that federal gift and estate tax laws can be complex. However, ironically, one of the most effective techniques to reduce the size of your taxable estate is also the simplest: leveraging your annual gift tax exclusion.

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What happens to debt after a person dies?

Posted On: SEPTEMBER 2024

When the time comes to administer a person’s estate, family members typically focus on distributing property according to the deceased’s wishes. But it’s also critical to deal with any debt the deceased has left.

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Employee stock ownership plan

Posted On: SEPTEMBER 2024

If you own a closely held business, a significant portion of your wealth may be tied up in it. So, to prepare for retirement and provide for your loved ones, you need an exit plan. One option, if your business is a corporation, is to establish an employee stock ownership plan (ESOP).

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Undoing an irrevocable life insurance trust is possible

Posted On: AUGUST 2024

Life insurance can be a powerful estate planning tool. Indeed, it creates an instant source of wealth and liquidity to meet your family’s financial needs after you’re gone. And to shield the proceeds from potential estate taxes, thus ensuring more money for your loved ones, many people transfer their policies to irrevocable life insurance trusts (ILITs).

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If you’ve inherited an IRA, you need to know about these new final IRS regulations

Posted On: AUGUST 2024

A tax law change in 2019 essentially ended “stretch IRAs” by requiring most beneficiaries of inherited IRAs (other than a spouse) to withdraw all of the funds within 10 years. Since then, there’s been confusion surrounding inherited IRAs and the so called “10-year rule” for required minimum distributions (RMDs).

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A power of appointment can provide estate planning flexibility

Posted On: AUGUST 2024

A difficult aspect of planning your estate is taking into account your family members’ needs after your death. Indeed, after you’re gone, events may transpire that you hadn’t anticipated or couldn’t have reasonably foreseen.

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A QDRO can ease the transfer of retirement plan assets in a divorce

Posted On: AUGUST 2024

Getting divorced and dividing up assets is no easy matter. At least you can sell a house, a car or certain other possessions and distribute the proceeds to the two ex-spouses according to ownership rights under the law.

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You haven’t signed a HIPAA authorization

Posted On: JULY 2024

An important part of estate planning is to empower people you trust to make health care decisions on your behalf in the event you become incapacitated by an illness or injury and are unable to communicate your wishes.

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Dispute over Norman Rockwellworks illustrates importance of estate planning

Posted On: JULY 2024

In a recent case, a federal court ruled on the ownership of four Norman Rockwell illustrations. The case demonstrates the importance of careful planning for the disposition of personal property.

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Have you ever wondered what that estate planning term means?

Posted On: JULY 2024

When it comes to estate planning, you’re likely familiar with some of its more common terms. These terms typically include a will, a trust or an executor.

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Sharing is caring

Posted On: JULY 2024

After you’ve created your estate plan, it’s important to consider how much information you should disclose to your loved ones about its details.

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Beware of these 5 estate planning pitfalls

Posted On: JULY 2024

If you’re taking your first steps on your estate planning journey, congratulations! No one likes to contemplate his or her mortality, but having a plan in place can provide you and your loved ones peace of mind should you unexpectedly become incapacitated or die.

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Does a FAST make sense for your estate plan?

Posted On: JULY 2024

On the one hand, you want your estate plan to achieve certain “technical” objectives. These may include minimizing gift and estate taxes, and protecting your assets from creditors’ claims or frivolous lawsuits.

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Undue influence claims may upend your estate plan

Posted On: JUNE 2024

One of the goals in creating a comprehensive estate plan is to maintain family harmony after your death. Typically, with an estate plan in place, you have the peace of mind that your declarations will be carried out, as required by law.

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Don’t overlook digital assets in your estate plan

Posted On: JUNE 2024

When it comes to digital assets, it’s important to know that, unlike many assets, they leave little to no “paper trail.” Thus, unless your estate plan specifically provides for them, it may be difficult for your family to access these assets — or even know that they exist.

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An HSA can be a healthy supplement to your wealth-building regimen

Posted On: JUNE 2024

Health Savings Accounts (HSAs) allow eligible individuals to lower their out-of-pocket health care costs and federal tax bills.

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Assets with sentimental value may require more thoughtful planning than those with greater monetary value

Posted On: MAY 2024

As a formal estate planning term, “tangible personal property” likely won’t elicit much emotion from you or your loved ones.

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Making will revisions by hand is rarely a good idea

Posted On: MAY 2024

The laws regarding the execution of a valid will vary from state to state, but typically they require certain formalities.

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Conservation easements are under IRS scrutiny

Posted On: MAY 2024

For many years, conservation easements have been a powerful estate planning tool that enable taxpayers to receive income and estate tax benefits while continuing to own and enjoy the properties. So it’s no surprise that the IRS

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When providing for your children, one trust may be better than two

Posted On: MAY 2024

One of the most effective ways to provide for your children in your estate plan is to set up trusts for them. Trusts offer many benefits, including the flexibility of when and how to make distributions, protection of assets from beneficiaries’

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Look it up: A glossary of key estate planning terms

Posted On: APRIL 2024

Estate planning has a language all its own. While you may be familiar with common terms such as a will, a trust or an executor, you may not be as certain about others.

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A living will is an important addition to your overall estate plan

Posted On: APRIL 2024

A living will could provide peace of mind for both you and your family should the unthinkable occur. Yet many people neglect to draft this important estate planning document.

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When one trustee isn’t enough, consider appointing a trust protector

Posted On: APRIL 2024

Irrevocable trusts can allow for the smooth, tax-advantaged transfer of wealth to family members. But there’s a drawback: When you set up an irrevocable trust, you must relinquish control of the assets placed in it.

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What are your options to fund long-term care expenses?

Posted On: MARCH 2024

Few things can derail your estate plan as quickly as unanticipated long-term care (LTC) expenses. Most people will need some form of LTC — such as a nursing home or an assisted living facility stay — at some point in their lives. And the cost of this care is steep.

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April 15 is the deadline to file a gift tax return

Posted On: MARCH 2024

When creating or revising your estate plan, it’s important to take into account all of your loved ones. Because each family has its own unique set of circumstances, there are a variety of trusts and other vehicles available to specifically address most families’ estate planning objectives.

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Take care of a loved one who has special needs with a special needs trust

Posted On: FEBRUARY 2024

When creating or revising your estate plan, it’s important to take into account all of your loved ones. Because each family has its own unique set of circumstances, there are a variety of trusts and other vehicles available to specifically address most families’ estate planning objectives.

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Addressing your elderly parents in your estate plan in 5 steps

Posted On: FEBRUARY 2024

Typically, an estate plan includes accommodations for your spouse, children, grandchildren and even future generations. But some members of the family can be overlooked, such as your parents or in-laws. Yet the older generation may also need your financial assistance.

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Is it time to review your beneficiary designations?

Posted On: FEBRUARY 2024

A will or revocable trust may form the core of your estate plan, but for many people, a substantial amount of wealth bypasses these traditional estate planning tools and is transferred to their loved ones through beneficiary designations. These “nonprobate assets” may include IRAs and certain employer-sponsored retirement accounts, life insurance policies, and some bank or brokerage accounts.

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Married couples: Joint or separate trusts?

Posted On: FEBRUARY 2024

Revocable trusts are a key component of many estate plans. Among other things, these trusts allow you to minimize probate expenses, keep your financial affairs private and provide for the management of your assets in the event you become incapacitated. They also offer flexibility: You’re free to amend the terms of the trust or even revoke it altogether at any time.

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Beware of tax traps when estate planning for non-U.S. citizens

Posted On: FEBRUARY 2024

If you’re not a U.S. citizen, or if you’re married to a noncitizen, estate planning can be a bit more complicated. To avoid costly tax traps, it’s important to have a basic understanding of how the U.S. gift and estate tax laws apply to noncitizens.

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Your beneficiary designations may be obsolete: Review and update as needed

Posted On: JANUARY 2024

The chances are good that you’ve made beneficiary designations in your estate plan. Indeed, for most people, a substantial amount of wealth is transferred to their loved ones that way.

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You’ve left specific assets to specific heirs

Posted On: JANUARY 2024

When creating your estate plan, it may be tempting to leave specific assets to specific loved ones. Perhaps you want your oldest child to have the family home or a stock that has sentimental — as well as financial — value. Unfortunately, by doing so you risk inadvertently disinheriting other family members, even if you’ve gone out of your way to ensure that they’re treated fairly. Consider the following example:

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A power of attorney is a critical component of an effective estate plan

Posted On: JANUARY 2024

While much of your estate plan focuses on actions that take place after death, it’s equally important to have a plan for making critical financial or medical decisions if you’re unable to make them for yourself during your lifetime. This is why including a power of attorney in your estate plan is a must.

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Comparing inter vivos and testamentary trusts

Posted On: JANUARY 2024

Creating and adhering to an estate plan is no simple task. Generally, the end goal of estate planning is to divide up and transfer assets to loved ones at minimal or zero tax cost. Of course, a will is a good starting point, but it may be supplemented by various other estate planning techniques, including trusts.

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Pay attention to securities laws when planning your estate

Posted On: JANUARY 2024

Do your assets include unregistered securities, such as restricted stocks or interests in hedge funds or private equity funds? If so, it’s important to consider the securities laws that may be involved in various estate planning strategies.

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How planning can minimize the impact of income taxes

Posted On: JANUARY 2024

Until recently, estate planning strategies generally focused on removing as much wealth as possible from one’s estate to avoid the bite of federal estate tax. Although there were income tax advantages to retaining assets in an estate, the estate tax costs usually eclipsed any potential income tax savings.

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Preserve wealth for future generations with a spendthrift trust

Posted On: JANUARY 2024

Is protecting your wealth after it’s been transferred to beneficiaries just as important to you as reducing the tax liability on the transfers? If so, attaching spendthrift language to a trust can provide you peace of mind that your hard-earned wealth won’t be frivolously spent by your heirs or seized by their creditors. Indeed, the benefit of a spendthrift trust is that it restricts a beneficiary’s ability to access trust funds.

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Documenting charitable donations is critical

Posted On: JANUARY 2024

Taxpayers who itemize deductions are entitled to deduct charitable donations, subject to certain requirements and limitations. One of the requirements is the need to substantiate charitable gifts with documentation that satisfies the tax code and IRS regulations.

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A hybrid DAPT can offer the asset protection you need

Posted On: JANUARY 2024

Asset protection is a vital part of estate planning. Indeed, you want to pass on as much of your wealth to family and friends as possible. This can be achieved only if you shield your assets from frivolous creditors’ claims and lawsuits.

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