Recharged and Ready to Go

As I type, I am sitting in the New Orleans airport waiting for my flight home. I have just attended the 11th Annual Conference of the Academy of Special Needs Planners, and my brain is spinning with new information and new ideas as to how I can apply those ideas to my clients. I feel charged with energy, enthusiasm and renewed purpose and vision.

2017-04-26T11:24:16+00:00 April 26th, 2017|ABLE Act, Articles, News, Newsletters, Special Needs, Trusts|

Big Changes Are Likely Coming to The GA Trust Code in July 2017

By Richard Morgan Many state legislatures over the last decade or so have been on a mission to become more friendly as to estate and trust laws. These changes have included, among others, the extension of the rule against perpetuities safe harbor from 90 years to either 360 years or longer, or a total termination [...]

2017-02-16T14:31:12+00:00 February 15th, 2017|Articles, Estate & Tax Planning, News, Newsletters, Trusts|

Special Needs Trust Accounts Created Under the ABLE Act

by Diane Weinberg This month’s Passionate Estate Planner continues our discussion of trusts used in special needs planning. In January, we looked at three types of special needs trusts commonly used to preserve assets for an individual with a disability while allowing that individual to qualify for public benefits: a self-settled (first party) special needs trust, [...]

Primer on Special Needs Trusts

by Diane Weinberg Last week, I received my first phone call about the Achieving a Better Life Experience (ABLE) Act, new legislation creating a type of special needs trust for individuals with disabilities. A financial planner called me about a client who was concerned that he was going to have to liquidate certain assets of his [...]

What is a Trust?

"What is a Trust?" is one of the most fundamental questions we want to answer for our clients. A trust is a legal relationship created when one entity, called the trustee, is given legal ownership of assets, and is also made responsible for managing and using those assets for the benefit of other entities, called [...]

2016-12-22T06:23:46+00:00 October 22nd, 2014|Articles, Estate Planning, News, Trusts|

Take Steps to Prevent Destructive Post-Death Disputes Over Your Estate Plan

A large part of the estate planning process is determining how you want assets distributed at your death and selecting the fiduciary who will be in charge of carrying out your intended distributions. When considering these issues, it is also critical to consider whether your desired asset distribution plan or fiduciary choice is likely to [...]

“Do-It-Yourself” Wills & Other Estate Planning – If You Really Care, Beware!

As Estate Planning and Elder Law Attorneys, we see the significant benefits of planning done right and the tragic consequences of planning done wrong. Years ago, a metro-Atlanta probate court asked me to serve as a guardian ad litem in a probate matter where a father’s do-it-yourself will left his estate to his current wife [...]

The Essence of Estate Planning: Let the Journey Begin

At its most fundamental level, estate planning is about controlling the otherwise-uncontrollable. Death is inevitable; disability is increasingly probable as we age. When death or incapacity occurs, what happens to us, to our property, and to our loved ones? Planning in advance and taking advantage of our many applicable federal and state laws allows us [...]

Perpetual Dynasty Trusts – Maximizing The Benefits Of Trusts By Structuring Them To Last Longer

In past issues of The Passionate Estate Planner, we have emphasized the benefits which trusts can provide for those who want to transfer assets to their loved ones. To summarize, these benefits include providing protection from a beneficiary’s creditors or divorce problems, helping protect a beneficiary from predators who might wish to take advantage of [...]

IRAs and Qualified Plan Accounts: Should You Pass Them to Beneficiaries Outright or in Trust?

I.    Introduction and Summary. Most people today have a significant amount of their retirement savings in Individual Retirement Accounts (“IRAs”) or one of many other types of tax deferred accounts generically known as “qualified plan” accounts (“QPs”), such as 401(k) accounts. Except for Roth IRAs or Roth 401(k) accounts which are funded with after-tax income, [...]

Privacy by SafeUnsubscribe
Morgan and DiSalvo, P.C. Achieves Highest Metro Tier 1 Ranking from U.S. News & World Report and Best Lawyers