Trust Funding – Education is our Goal

At InSight Law, our focus is always on education. We are constantly striving to educate our clients, their families, and advisors around the community. One thing we stress is trust “funding”. Trust funding involves the coordination of all your assets with your trust. This is to ensure all the instructions you lay out in your trust will apply to your assets in the event of a disability or a death. We often see clients that have setup a trust several years ago and never done anything with it. It eventually becomes just a pretty binder on a shelf. Then, a disability...

Continue reading

The Burden of Inheritance

Many people mistakenly believe that inheriting a large estate is some wondrous thing akin to winning the lottery. All of sudden, you are presented with access to vast sums of money, large pieces of property, etc. Such assets can completely change your standard of living. Nevertheless, there are numerous “burdens” associated with inheritance. One of the biggest burdens is the emotional trauma associated with inheritance. We must not forget that someone died in order for an estate to be distributed. Along with the emotional toll of inheritance is the large amount of time and work that must go into properly distributing a...

Continue reading

There’s No Such Thing as a “Simple Will”

I get this request, in some form or another, on a regular basis - “I want a simple will.” The client is thinking they have a relatively straightforward collection of assets and a “typical” family. Then they drop the proverbial bomb and reveal that they have a half-interest in a rental property based in Honolulu, natural gas interests in another state, and a general partnership worth somewhere between $100,000 and $5,000,000. They also divulge the fact that they have one child who is physically disabled and another child who has served jail time with two divorces under their belt. Clearly, a...

Continue reading

No Children? The Challenge of Deciding Who Receives Your Estate’s Assets

Most people with adult children include them in their estate plan by giving them authority to make decisions on their behalf, and to ultimately inherit their assets. But what about couples who have no children? Estate planning for childless couples can actually be more challenging than for couples with children. How is it more difficult? Well, because there’s probably no default individual to empower to make decisions on your behalf, administer your estate, and determine who will inherit your assets. Childless couples usually look to siblings, extended relatives, charities, or close friends. Another issue for childless couples is the tendency...

Continue reading

Will The Money You Leave Behind Ruin Your Children or Grandchildren?

It’s one of those fears many individuals (especially wealthy individuals) have, but rarely speak about. They aren’t worried about the “death tax” or other inheritance taxes. In fact, the concern isn’t heirs receiving too little money; it’s receiving too much. The concern is that inherited wealth can have adverse effects on the people inheriting the money. The beneficiaries could treat it as though they won the lottery and splurge on reckless, irresponsible purchases. Imagine, the money you worked so hard to accumulate ends up being blown on a fleet of fancy cars or, even worse, a drug habit or...

Continue reading

Big Estate Planning Mistakes Many People Make (But Can Easily Be Avoided)

Properly organizing your financial and personal assets, planning for disability, and leaving your legacy should be is the central goals of estate planning. It is important the focus stays on your personal goals and making the transition smoother for your loved ones. Unfortunately, many people who opt to “go it alone” and not consult with an estate planning attorney, make some bad (and totally preventable) mistakes that adversely affect their estate plans. Below are three common estate planning mistakes that occur, unfortunately, far too often: 1. Never taking the time to even come up with an estate plan. This one really...

Continue reading

The Government Grim Reaper Wants Your Money – States With Terrifying Death Tax Laws

Some people think the estate tax is simply a creature of the federal government. Wrong. There are numerous states – 16, along with Maryland and D.C., to be exact – that impose an estate tax. Even more surprising is that some states actually impose an estate tax on estates that are valued at less than one million dollars. At less than one million dollars, these state-enforced estate taxes will be a problem for many middle class families. If you’re frugal and have good savings practices, a middle class family has the ability to save and wind up with an estate...

Continue reading

Take Care of Your Furry Loved Ones – The Benefits of a Pet Trust

Many people who own pets consider them to be a member of the family, much like a child. When planning your estate, you consider your children and make plans to pass on assets and ensure your children are protected. The same logic applies to your pets – you want to make sure there is someone designated to take care of them when you are no longer able to. Many pet owners just assume that their remaining family members will continue to care for their beloved pet. As the years go by, your surviving spouse may not be able to...

Continue reading

Importance of Disability Planning

You and your loved ones may be relatively healthy today, but can you guarantee you’ll be just as healthy 20 years from now? Of course not. No one can predict when and if they develop a physical disability or disease. No one can be ready for the day they walk into their doctor’s office and are told they’re suffering from Alzheimer’s or cancer. Even if you eat a perfect diet, exercise every day and take supplements, you still can’t avoid the risk of suffering a debilitating physical ailment. For example, one-third of adults over the age of 65 suffer a...

Continue reading

Importance of Having a Durable Power of Attorney

This article deals with the scenario of a loved one who becomes incapacitated and therefore needs someone to execute appropriate planning of their estate. The fact is, in the absence of an estate plan, only a properly drafted General Durable Power of Attorney will afford a level of flexibility necessary to make critical decisions about an incapacitated person’s estate. In this article, I’ll talk about how the Power of Attorney plays an important role in the planning and protection process. What does a Durable Power of Attorney do? Well, this is a legal document that an individual prepares while they...

Continue reading