Back to the Basics: How Do Assets Pass at the Death of the Owner?

Have you heard of a situation where a deceased person’s former spouse ended up receiving his life insurance or retirement savings, instead of the person’s new spouse or children? Have you heard of a situation where the deceased person wanted to have assets held in trust for her minor children after her death, under her [...]

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 [...]

Casey Kasem: Lessons Learned at the End of Life

In this, our first video issue of the Passionate Estate Planner, Diane Weinberg looks into the facts of the Casey Kasem matter as reported in the media, and highlights the lessons that individuals should consider when planning for their long term care. Many of these issues are especially relevant for individuals in blended families or [...]

“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 [...]

News Alert: U.S. Supreme Court Says Inherited IRAs Are Not Protected From Creditors Under Federal Bankruptcy Law

On June 12, 2014, the Supreme Court issued its decision in Clark et ux. V. Rameker, Trustee, et al, 573 U.S. _____ (2014), which is an extremely rare unanimous ruling. The Court held that, for purposes of federal bankruptcy law, an inherited IRA was not protected in the hands of the beneficiary in the same [...]

Estate Planning – Focus on Same Sex Couples (Updated)

Everyone Needs Estate Planning; However, It Is More Critical For Some People. Estate Planning is Not Just for the Wealthy. You do not need to be wealthy or to have an estate tax problem in order to need an estate plan. If you own anything at all, you pretty much have an estate, which will [...]

Same Sex Couples: If You Really Care About Building a Life With Your Partner… You Need to Do the Planning Now! (Updated)

Everyone needs comprehensive estate planning. However, even though same sex couples who are legally married under the laws of a given state or foreign jurisdiction can now receive federal recognition of their marriages for all purposes, most states, including Georgia, still treat same sex couples as strangers for purposes of state. This means same sex [...]

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 [...]

When Mom Isn’t Quite Right: Aging and Incapacity

By Diane Weinberg This time of year, we receive a lot of phone calls from distressed clients.  They have spent the holidays with their aging parents and made a number of unpleasant discoveries.  The house is uncharacteristically unkempt. Bills are unpaid, and donations to charities have been paid twice.  Mom has started repeating herself and [...]

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 [...]

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