Trusts

Antonia and Johanna Bennett have sued their brother, Danny, who has served as trustee of the Tony Bennett Family Trust, for mismanagement. Tony’s daughters claim Danny made “multiple gifts to himself totaling over $200,000 from the trust, $2.6 million in commissions for acting as Tony’s...

It is often the goal of many to simply avoid probate even though it is often best to have a Will or Trust to consider protection for the beneficiary. Financial accounts can be established with a beneficiary designation to avoid probate. Real estate can be...

As of January 1, 2025, you can give up to $19,000 per year, per person (other than gifts of future interests) without reporting to the IRS and without gift taxation. So, for example, if a married couple with three children wanted to give the maximum...

Applicants for long-term care and Star+ Medicaid must be below an income cap as one of the requirements for Medicaid eligibility. If the applicant’s income exceeds the income limit of $2,901 (as of January 1, 2025), the eligibility solution for this particular requirement is the...

The election of Donald Trump and the control of both the House and Senate by the Republican Party is likely to have a great impact on tax planning. As a result, planning strategies could change. Higher Estate Tax Exemption As of January 1, 2025, the federal estate...

Decision Tree Chart on Ladybird Deeds vs. Transfer on Death Deeds Many ask the question on the differences between an Enhanced Life Estate (Ladybird) Deed and a Transfer on Death Deed since both avoid probate. In other words, the grantee/beneficiary of the deed would simply either...

No one likes to think about death or disability, but here are a few tips to make things easier for your heirs, beneficiaries, or those you trust. 1. Keep your estate planning documents in a safe place It is generally more difficult to probate a copy of...

Estate Planning Decision Tree Chart for Will vs. Revocable Living Trust – 20 Issues One of the most common dilemmas in estate planning is whether it is better to have a Will or a Revocable Living Trust (RLT). There are numerous types of trusts, but this...

The late weight savant Richard Simmons once said, “I don’t talk about my personal life, and I don’t talk about death.”  However, the recent lawsuit by Richard Simmons' housekeeper/manager, Teresa Reveles, to be reinstated as co-trustee (after she had signed a document to decline such...

Special needs trusts are often established for the benefit of individuals who are disabled since the assets held in the trust are not countable (if properly drafted) for means-tested Medicaid and Supplemental Security Income programs (which often include drugs and care costs).  The goal is...

The cost of long-term care is great (the average is around $7,500/month in Texas).  As a result, many apply for long-term care Medicaid for governmental assistance to help pay for the facility and drugs.  It is not unusual for us to receive calls after either...

A common misconception is that there is one type of power that covers everything from financial to medical decisions.  Even many who realize there should be different documents for medical and financial decisions, they are unaware of the variety of financial powers of attorney.  The...

Famed actress, Shannen Doherty, most commonly known for her television roles in “Beverly Hills 90210” and “Charmed”, got divorced from her husband, successful photographer, Kurt Iswarienko (“Kurt”), hours before her death in California on July 13, 2024.  In contrast, Aristotle Onassis planned on divorcing former first...

Billionaire media mogul, Rupert Murdoch, is in a family feud with 3 of his children over control (after his death) of his mega media business which includes Fox News, The Wall Street Journal, The New York Post and many other newspapers and television stations. Murdoch has...

Matthew Perry, well-known for his role as Chandler Bing in the popular television show “Friends”, preferred that he be remembered for helping others.  Perry, who fought his addiction to alcohol and opioids for many years prior to his death last year at age 54, may have...

Homestead Resource Exclusion Differences Between Medicaid and Veteran’s Benefits Public benefits (such as long-term care Medicaid and non-service-connected disability benefits for wartime veterans or his or her surviving spouse) are “means-tested”.  In other words, the government looks at your resources when you apply to determine if you...

After the passage of the Secure Act a few years ago, planning by naming a trust as a beneficiary of a retirement account (that is not a ROTH IRA) had to be reconsidered. Previously a designated beneficiary (even if the trust is named as the...