Can I use estate planning to provide for my pet’s care after my death?

Q: Can I use estate planning to provide for my pet’s care after my death? -Dog Lover A: Dear Lover: Yes, you most certainly can use estate planning to make sure your pets are taken care of when you die or in the event of your incapacity. And the best way to do so is…
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What does an executor do?

Q: What does an executor do? -Will writer A: Dear Will:  An executor is the person named in your will to administer your estate upon your death. The executor’s primary responsibility is to carry out the wishes spelled out in your will, ensuring that your assets are distributed to the intended beneficiaries.  An executor’s duties…
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What does “funding” a trust mean?

Q: What does “funding” a trust mean? -Curious planner A: Dear Curious: For a living trust to function properly, it’s not enough to simply list the assets you want the trust to cover. When you create your trust, you must also transfer the legal title of certain assets—real estate, bank accounts, securities—you want covered from…
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If I die with no estate plan at all, what happens to my property?

Q: If I die with no estate plan at all, what happens to my property? -No Plan Stan A: Dear Stan: If you die without an estate plan, your assets pass to your surviving family members according to your state’s intestate succession laws. Laws vary by state and depend largely on whether you were married…
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Can I change my estate plan while my divorce is still ongoing?

Q: Can I change my estate plan while my divorce is still ongoing? -Speculative spouse A: Dear Speculative: Updating your estate plan for divorce is essential, but once the divorce is filed with the court, your ability to amend your plan is limited by state law. This is why you should update your plan as…
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Are non-biological parents in same-gender marriage granted parental rights?

Q: Are non-biological parents in a same-gender marriage automatically granted legal parental rights? -Pondering Parent A: Dear Pondering: While same-gender marriage is now legal nationwide, the Supreme Court has yet to rule on the parental rights of a non-biological spouse/parent in a same-gender marriage. This means your parental rights are still governed by state laws,…
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We are expecting. What should be our top priority in terms of estate planning?

Q: My husband and I are expecting our first child in 7 months. What should be our top priority in terms of estate planning? -Prudent parent A: Dear Prudent: When it comes to estate planning, the single-most important planning task for parents is to select and legally document guardians to care for your minor children…
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Could my family benefit from a dynasty trust?

Q: Could my family benefit from a dynasty trust? -Frugal Father A: Dear Frugal: A dynasty trust is a special type of trust that passes wealth for multiple generations in the most tax-efficient manner possible. By creating a dynasty trust, your assets will be available to your children, grandchildren, and other heirs, with minimal tax…
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Can a spendthrift trust protect my child’s inheritance?

Q: Can a spendthrift trust protect my child’s inheritance? -Concerned Dad A: Dear Concerned: Yes, a so-called spendthrift trust can be quite effective at protecting your child’s inheritance. But the term “spendthrift trust” is a bit of a misnomer. A spendthrift trust isn’t a specific type of trust; it’s simply any trust that contains a…
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Can I disinherit my husband to ensure my adult children will inherit all of my assets?

Q: Can I disinherit my husband with estate planning to ensure my adult children will inherit all of my assets when I die? -Wondering Woman A: Dear Wondering: It’s fairly simple to disinherit family members like siblings, parents, and even adult children using estate planning. However, many states prevent you from completely disinheriting your spouse,…
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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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