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February 06, 2012
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Estate Planning Use To Be Not Much More Than Deciding To Write A Last Will And Testament, And Hiring A Lawyer

Estate Planning use to be not much more than deciding to write a Last Will and Testament, and hiring a lawyer to follow through with this decision. As with the rest of life, Estate Planning has become more complicated. Generally, estate planning includes advance planning for handling your financial and personal affairs should you become incapacitated while still living, as well as planning how you want to dispose of the assets held in your name after your death (this is your estate). Even this last part of planning is more complicated because there are more choices. Now, not only can you use a Will to dispose of your assets, but a Statutory Will, a living trust, a pour-over trust, and many other possibilities need to be considered.Wills A Power of Attorney can handle your financial affairs during your lifetime. It does not have any legal authority for disposing of your assets after your death. For this you must use a testamentary document, such as a Last Will and Testament. Most people go to a lawyer to have a will written for them. The will sets out1. how they want to pass on their belongings, and 2.   who they want appointed to administer their estate (the probating). In Michigan, there are two variations that also are legal wills. One is the Statutory Will; the other is a Holographic Will.For one reason or another, many people die without any estate planning or a will. It’s a good idea for everyone to have a will. Because it’s easily available and free, a Statutory Will is a good choice for a basic estate planning option. There are some good, sensible reasons to have a will: A will ensures that your assets will go to who you want to receive them upon your death; A will allows you to name the person to be in charge of administering your estate; A will can save some costs of probate; and A will can bring peace of mind knowing your affairs are in order.

 

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Did You Know?    
 
 
A "Living Trust" can be used to hold legal title to and provide a mechanism to manage your property
You can select the person or persons you want -- often even yourself -- as the Trustee(s) to carry out the instructions you want in the Trust and name one or more Successor Trustees to take over if you cannot. Unlike a Will, a Trust usually becomes effective immediately, continues in force during your lifetime even in the event of your incapacity, and continues after your death. Most Trusts are "revocable" which allows the person who creates the Trust to make future changes, modifications and even to terminate it.

 


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Latest news about Financial & Estate Planning in Alabama and nationwide:

Estate Planning for Women
The fifth in the 2006 series of Wi$e Up Teleconference Calls

Friday, June 30, 2006 2:00pm to 3:00pm EDT

Register online at dol.go...

Read more >


Congressman Jefferson’s Remarks on Repealing the Estate Tax
Washington, DC – Yesterday, April 13, 2005, U.S. Representative William J. Jefferson (D-LA) submitted the following statement to the Congressional ...
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Governor Appoints Split Estates Task Force
CHEYENNE, Wyo. - Gov. Dave Freudenthal today announced his five appointments to the newly created Split Estate Task Force. The task force is charge...
Read more >


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Estate Planning Terms

 


Today's Terms

Gross Estate

Definition:
The value of an estate before the debts are paid. In California Probate statutory attorneys and personal representatives fees are usually calculated based on the gross value of the estate, so that the value of the home is calculated before deducting the amount due on the mortgage.

In-Terrorum Clause

Definition:
A provision of a will or trust that disinherits a person in the event that he/she challenges the terms of the will or trust. Sometime called a No-Contest Clause.

Fiduciary

Definition:
A person in whom one places great confidence in and upon whom one relies for his or her integrity, trust, and good faith. A fiduciary has the legal duty to act in the best interest and benefit of another and therefore is held to the very highest legal standards. A trustee is a fiduciary.

More Estate Planning Terms >

 

Estate Planning Resources

 


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Estate Planning Hot Topics

 
Topics Related to Estate Planning:

  • Trusts
  • Wills
  • Uniform Probate Code
  • Gift Tax

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Alabama Estate-Planning Attorney

 
If you live in the following cities and need an Estate-Planning attorney you should contact our Estate-Planning Attorney as soon as possible:

  • Alabaster
  • Albertville
  • Alexander City
  • Anniston
  • Athens
  • Atmore
  • Auburn
  • Bay Minette
  • Bessemer
  • Birmingham
  • Cullman
  • Daphne
  • Decatur
  • Dothan
  • Enterprise
  • Fairhope
  • Florence
  • Fort Payne
  • Gadsden
  • Hartselle
  • Huntsville
  • Madison
  • Mobile
  • Montgomery
  • Opelika
  • Ozark
  • Pelham
  • Phenix City
  • Pinson
  • Prattville
  • Selma
  • Sylacauga
  • Talladega
  • Theodore
  • Trussville
  • Tuscaloosa
  • Wetumpka
 


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