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Do Not Let Your Money and Property Go to the State: Why You Need an Estate Plan

Posted by David M. D’Orlando, Esquire | May 23, 2025 | 0 Comments

Without an up-to-date estate plan, Americans risk losing control over what happens to their assets after death, as state laws may intervene through a process called escheatment, where unclaimed or unidentified property is seized by the government. If someone dies intestate—without a valid will—state laws determine how assets are distributed, often excluding stepchildren, unmarried partners, close friends, or charities. With only 24% of Americans having a will and many others neglecting to update their plans, billions of dollars go unclaimed each year. A proper estate plan not only prevents the state from claiming one’s assets but also ensures that their legacy reflects personal wishes and protects loved ones.

How an Inheritance Can Enhance Your Loved One’s Educational Experience

Posted by David M. D’Orlando, Esquire | May 22, 2025 | 0 Comments

This article explores how estate planning can support a loved one’s education and long-term success, highlighting the rising costs of education from K–12 to college and trade schools. It outlines several financial strategies, including direct tuition payments, 529 plans, and education trusts, which can reduce tax burdens while enabling educational support. The article stresses the importance of early planning, both during life and after death, and discusses how family contributions can significantly lessen student debt and improve future outcomes.

5 Reasons Uncle Bill May Not Make a Good Trustee  

Posted by David M. D’Orlando, Esquire | May 21, 2025 | 0 Comments

Choosing the right trustee is crucial for a trust’s long-term success. While a family member like Uncle Bill may seem like a natural choice, a professional or corporate trustee offers greater reliability, impartiality, and expertise in managing trust assets, avoiding conflicts of interest, and complying with legal and tax obligations. Professional trustees ensure unbiased distributions, appropriate investments, and continuity without the personal disruptions that can affect an individual trustee. Ultimately, selecting a professional trustee may be the best way to safeguard the trust and fulfill its intended purpose

Ways to Keep a Loved One’s Memory Alive After They Pass

Posted by David M. D’Orlando, Esquire | May 20, 2025 | 0 Comments

Losing a loved one leaves behind poignant reminders—objects, places, and scents that evoke powerful memories. As funeral traditions evolve, more people seek personalized ways to honor the deceased, from eco-friendly ceremonies to digital memorials. Beyond traditional tributes, loved ones can commemorate a life through meaningful gestures like planting trees, compiling photo displays, volunteering, funding scholarships, or transforming ashes into keepsakes. Thoughtful estate planning can also ensure funds are set aside for lasting dedications, allowing a cherished legacy to endure.

Beneficiary and Transfer-on-Death Designations: Are You Doing It Right?

Posted by David M. D’Orlando, Esquire | May 19, 2025 | 0 Comments

Beneficiary designations—including transfer-on-death (TOD) and payable-on-death (POD) forms—are powerful tools in estate planning that can override a will or trust, making them essential to keep accurate and up to date. Outdated, missing, or incorrect designations can cause serious consequences such as unintended inheritances, delays due to probate, or legal complications. Life changes like marriage, divorce, or the birth of children should trigger a review of these forms to ensure they still reflect your wishes. Regular estate plan reviews with an attorney help avoid costly mistakes and ensure a smooth transfer of assets.

How Do You Want to Leave Your Money Behind? Is Outright Distribution the Perfect Fit for Your Loved Ones?

Posted by David M. D’Orlando, Esquire | May 16, 2025 | 0 Comments

As Americans prepare to pass on an estimated $84 trillion in assets during the “Great Wealth Transfer,” many parents intend to leave inheritances to their children—yet most families don’t adequately prepare the next generation to manage that wealth. While outright inheritance offers simplicity, it can be risky if beneficiaries lack financial discipline, face debt, or are legally unable to manage funds. Alternatives such as controlled transfers may better align with a family’s long-term goals and values. Open conversations and careful planning are essential to ensure a successful and responsible wealth transfer.

Choosing the Ideal Trust for Your Wishes

Posted by David M. D’Orlando, Esquire | May 15, 2025 | 0 Comments

Trusts are often misunderstood as tools only for the wealthy, but they can benefit people across income levels by offering privacy, avoiding probate, managing assets during incapacity, and protecting beneficiaries. While wills are essential, trusts provide added flexibility and control, allowing for tailored distribution plans, tax strategies, and protections for vulnerable beneficiaries. As more Americans prepare for the "Great Wealth Transfer," trusts are becoming increasingly important in modern estate planning. Consulting with an attorney can help determine the right trust structure based on your unique family and financial circumstances.

Spring Cleaning and Planning President Trump’s First 100 Days in Office

Posted by David M. D’Orlando, Esquire | May 14, 2025 | 0 Comments

In his return to the presidency, Donald Trump is pushing for major tax reforms that could significantly impact estate and financial planning. His administration aims to extend or enhance provisions from the 2017 Tax Cuts and Jobs Act, including eliminating the estate tax, adjusting SALT deductions, and lowering capital gains taxes. With potential changes looming by 2026, now is the time to review and update estate plans, especially for those with large estates or complex finances. Maintaining flexibility, updating key documents, and exploring gifting or trust strategies can help you prepare for whatever tax policies ultimately emerge.

How to Make the Next 100 Days Impactful

Posted by David M. D’Orlando, Esquire | May 13, 2025 | 0 Comments

Spring is not just a time for cleaning your home—it’s also the perfect season to refresh your estate plan and financial affairs. As life events unfold and laws change, your estate plan can quickly become outdated, much like the forgotten corners of your home. Taking the time now to review and revise your documents, asset lists, and powers of attorney ensures your plans align with current circumstances. By treating spring as a seasonal checkpoint, you can prepare both your legacy and your finances for the summer ahead and beyond.

Notable Estate Planning Legislation

Posted by David M. D’Orlando, Esquire | May 12, 2025 | 0 Comments

Understanding the historical evolution of estate and income tax laws can help you make more informed estate planning decisions today. While the federal estate tax has existed for over a century, only a tiny fraction of estates are taxable due to high exemption levels—currently nearly $14 million per individual, thanks to the Tax Cuts and Jobs Act (TCJA). However, these limits are set to sunset in 2026. Similarly, changes to income tax laws, which have shaped estate planning strategies over time, could also shift depending on political actions. Proactive planning now can help you avoid last-minute stress and better preserve your wealth for future generations.

What Happens to My Leased Car If I Die Before the Lease Term Ends?

Posted by David M. D’Orlando, Esquire | Mar 31, 2025 | 0 Comments

About 15–20 percent of new vehicles are leased rather than purchased and financed. Leasing is a popular alternative to traditional financing because it can allow the lessee (the person who leases a vehicle) to drive a more expensive car on a lower monthly payment during its most trouble-free years. At the end of the lease term, the vehicle can then be returned for a new model. A lessee, however, does not own their vehicle. They drive it under a car lease agreement that is a binding contract. The contractual obligations of a lease can affect an estate plan, so lessees should understand what is in the fine print of their contract and what happens to a lease after their death.

Sometimes Stuff Is the Most Important Part of Your Estate Plan

Posted by David M. D’Orlando, Esquire | Mar 28, 2025 | 0 Comments

Most people usually think about who will receive their retirement and bank accounts, life insurance proceeds, real estate, and other valuable possessions upon their death. However, a person’s personal property (their stuff) can also be a source of value that needs to be addressed. When looking to start or continue your estate planning journey, ask yourself the following questions about your personal property.

Life Estate versus Right of Occupancy Trust: Which Is Right for You?

Posted by David M. D’Orlando, Esquire | Mar 20, 2025 | 0 Comments

Planning for the future of your home can be complicated, especially when you want to ensure that a loved one can continue living there after you are gone. Two common tools for accomplishing this are life estates and right of occupancy trusts. A life estate grants someone the legal right to live in a home for the rest of their life; however, while they can reside there, they do not own it outright. A right of occupancy trust allows someone to stay in the home under specific conditions set in a trust, giving more flexibility and control over how long they can remain. There are a few common scenarios in which people may use one of these tools.

3 Asset Protection Tips You Can Use Now

Posted by David M. D’Orlando, Esquire | Mar 17, 2025 | 0 Comments

A common misconception is that only wealthy individuals and people in high-risk professions, such as doctors or lawyers, need an asset protection plan. However, anyone can be sued. A car accident, foreclosure, unpaid medical bills, or an injured tenant can result in a monetary judgment that could crush your finances.

Caution: Your Traditional Asset Protection Plan Is Set Up to Fail

Posted by David M. D’Orlando, Esquire | Mar 14, 2025 | 0 Comments

You may be surprised to learn that, not only has asset protection planning been around for a long time, but you likely have already engaged in it at some point. In fact, you probably have one or more types of traditional asset protection planning currently in place. The problem is, in many cases, the type of planning you have right now may not be enough to fully protect you and your family.

Should I Buy a Home with Someone Other than a Spouse?

Posted by David M. D’Orlando, Esquire | Mar 13, 2025 | 0 Comments

Rising housing costs, the desire for companionship, and the need to share resources are increasingly leading buyers to consider co-owning a home with someone other than a spouse, such as a friend, relative, or significant other. Although this arrangement can be beneficial on several levels, it should be approached with open communication, careful planning, and a clear understanding of the financial and legal implications.

Can Artificial Intelligence Programs Write Basic Estate Planning Documents?

Posted by David M. D’Orlando, Esquire | Mar 11, 2025 | 0 Comments

With the increased coverage of artificial intelligence (AI) and all of the applications it can have in our everyday lives, some people may wonder whether an AI program can create an estate plan for them. While AI may be able to generate basic estate planning documents, including wills and trusts, there is no guarantee that they will be valid and enforceable. Providing accurate information and executing the documents in compliance with your state's laws is critical. Otherwise, your documents will not work as intended.

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