Q&A: Can I leave my 401(k) to my minor children when I die?

Q: Can I leave my 401(k) to my minor children when I die? -Pondering Parent ANSWER A: Dear Pondering, Though you are technically allowed to name a minor child as a beneficiary of your 401(k), IRA, or other employment-sponsored retirement accounts, it’s never a good idea. Minor children cannot inherit the account until they reach the…
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Q&A: Should I leave money for my child with special needs in my will?

Q: Should I leave money for my child with special needs in my will? – Prudent Parent ANSWER A: Dear Prudent: No, and let me explain why—when planning for a loved one with special needs, you must be extremely careful and always work with an experienced lawyer like a Personal Family Lawyer® because if handled…
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How can I avoid being placed under a professional guardian?

Q: How can I avoid being placed under the care of a professional guardian? —Senior Planner A: Dear Planner, Should you become incapacitated without any planning in place, your family would have to petition the court in order to be granted guardianship. In most cases, the court would appoint a family member as guardian, but…
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What estate planning documents should my son, who just turned 18, have in place?

Q: What estate planning documents should my son, who just turned 18 and is planning to attend college in the fall, have in place? -Prudent Papa A: Dear Prudent: At age 18, your son is now an adult in the eyes of the law. This means you no longer have the authority to make decisions…
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Do I need to create a new will if I move to another state?

Q: Do I need to create a new will if I move to another state? -Curious Mover A: Dear Curious: Most states will accept a will that was executed properly under another state’s laws. However, there could be differences in the new state’s laws that make certain provisions in your will invalid. Here are a…
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How can I obtain consent for my incapacitated mother to get a vaccination?

Q: How can I obtain consent for my incapacitated mother to get a COVID-19 vaccination? -Concerned Daughter A: Dear Concerned: Your first step in obtaining consent is to determine whether or not you have the authority to do so under the law. Whether you can provide consent will depend upon what legal capacity you have…
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Can I serve as a trustee if I don’t have any legal experience?

Q: Can I serve as a trustee if I don’t have any legal experience? -Curious Cousin A: Dear Curious: Being a trustee does NOT require you to be an expert in law, finance, taxes, or any other field related to trust administration. In fact, trustees are not only allowed to seek outside support from professionals…
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What is the best way to bring up estate planning with my family over the holidays?

Q: What is the best way to bring up estate planning with my family over the holidays? -Festive Father A: Dear Festive: First off, assure everyone that the conversation is about providing for the family’s future security and wellbeing, not prying into anyone’s finances, health, or personal relationships. Talking about planning isn’t about finding out…
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If Democrats sweep the election, what’s likely to happen to the increased gift and estate tax exemption passed under Trump’s tax cuts?

Q: If Democrats sweep the election, what’s likely to happen to the increased gift and estate tax exemption passed under Trump’s tax cuts? -Anxious planner A: Dear Anxious: The Tax Cuts & Jobs Act increased the exemption to $11.58 million for single taxpayers and $23.16 million for couples. This generous exemption will sunset at the…
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How are decisions made for an incapacitated person without a living will?

Q: How are decisions made for an incapacitated person without a living will? –Concerned family member A: Dear Concerned: Advance directives like living will’s express someone’s wishes and preferences for medical treatment if they are unable to provide consent or refusal (e.g. due to coma or unconsciousness). A living will specifies the life-sustaining measures—such as…
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Clarifying Questions

Q&A: My Parents Shut Down When I Try to Talk About Estate Planning. How Can I Help Them Open Up?

QUESTION Q: My parents shut down when I try to talk about estate planning. How can I help them open up? –Concerned Son   ANSWER A: Concerned, It can be difficult for some people to talk about estate planning because…

Q&A: Can you explain how the administration of a will works?

QUESTION Q: Can you explain how the administration of a will works? –Taking Care of Mom   ANSWER A: Dear Taking Care: In order for assets in a will to be transferred to a beneficiary, the will must first pass…

Q&A Can I leave my 401(k) to my minor children when I die?

QUESTION Q: Can I leave my 401(k) to my minor children when I die? –Pondering Parent   ANSWER A: Dear Pondering: Though you can technically name a minor child as a beneficiary of your 401(k), IRA, or other employment-sponsored retirement…

Q&A Do I need to create a new will if I move to another state?

QUESTION Q: Do I need to create a new will if I move to another state? –Curious Mover   ANSWER A: Dear Curious: Most states will accept a will that was executed properly under another state’s laws. However, there could…

Q&A: How do I include cryptocurrency in my estate plan?

QUESTION Q: How do I include cryptocurrency in my estate plan? — Crypto Owner   ANSWER A: Dear  Crypto, If you own cryptocurrency, you must leave detailed instructions for accessing it, and ensure that one or more trustworthy people know…

Q&A: What is the federal estate tax?

QUESTION Q: What is the federal estate tax? — Tax Planner   ANSWER A: Dear  Planner, The federal estate tax is a tax on the value of a person’s assets at the time of their death. If the total value…

Q&A: What estate planning should my child have in place once they reach adulthood?

QUESTION Q: What estate planning should my child have in place once they reach adulthood? — Proactive Parent ANSWER A: Dear  Proactive, Once your kid becomes a legal adult—which is age 18 or 21, depending on your state—many areas of…

Q&A: What is a pour-over will?

QUESTION Q: What is a pour-over will? — Prudent Planner   ANSWER A: Dear Prudent, For a living trust to function properly, you must first transfer the legal title of any assets you want to be held by the trust…

Q&A: Can I tap into my retirement savings to pay for my child’s college education?

Q & A: QUESTION ______________________________________________________________________________ Q: Can I tap into my retirement savings to pay for my child’s college education? —Pondering Parent   ANSWER ______________________________________________________________________________ A: Dear Pondering: If your kids will need financial assistance, beyond student loans, to pay…

Q&A: What is the “contestability period” on a life insurance policy?

Q & A: QUESTION ______________________________________________________________________________ Q: What is the “contestability period” on a life insurance policy? —New Beneficiary   ANSWER ______________________________________________________________________________ A: Dear Beneficiary: Most life insurance policies contain a contestability period. Such periods are typically between one to two…

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