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Life Insurance: Do You Have Enough Coverage?

Posted by David M. D’Orlando, Esquire | Oct 22, 2024 | 0 Comments

With very few exceptions, life insurance can benefit everyone. Owning life insurance is necessary, especially if you have dependents. But while you might understand that buying life insurance is a good move, you may be unsure whether you have enough, how to determine the ideal amount for you and your family, and where life insurance fits into your overall financial and estate plans.

Life Insurance: Who Should You Name as a Beneficiary?

Posted by David M. D’Orlando, Esquire | Oct 22, 2024 | 0 Comments

The proceeds from your life insurance policy can benefit your loved ones in many ways, from paying off your outstanding debts to providing supplemental income for your spouse and children to covering funeral and burial expenses. You likely purchased life insurance to protect those who depend on you. To make the most of your policy, consider who you name as a beneficiary and how the death benefit distribution method fits into your overall estate plan.

Creative Uses for Life Insurance

Posted by David M. D’Orlando, Esquire | Oct 22, 2024 | 0 Comments

Misunderstandings about how much life insurance costs and what type to purchase are the largest barriers to purchasing a policy. Even among those with a life insurance policy, there are knowledge gaps about how it can be used to meet their financial and estate planning goals.

Do It Now: Name a Guardian for Your Minor Children

Posted by David M. D’Orlando, Esquire | Oct 21, 2024 | 0 Comments

We know it is difficult, even horrific, to imagine someone else raising your children. However, you must consider who you would choose to fill this important role. Otherwise, a judge—a stranger who does not know you or your wishes, your child, or your relatives and friends—will determine who raises your children if something happens to you. Depending on state law, your children’s guardian could be a relative you do not get along with or, less commonly, a stranger you have never met.

Lessons in Estate Planning from Rain Man

Posted by David M. D’Orlando, Esquire | Oct 16, 2024 | 0 Comments

Rain Man starring Tom Cruise and Dustin Hoffman is one of the most iconic American movies of the 1980s. Although secondary to the main plot, several estate planning threads run through Rain Man. Read more about estate planning issues and lessons learned including those related to trusts, beneficiaries, and how to plan for children who have very different personalities and needs.

What to Do with Grandma’s Ring: Dividing Personal Property in an Estate

Posted by David M. D’Orlando, Esquire | Oct 10, 2024 | 0 Comments

If you have a beloved late grandmother, many images and memories may come to mind when you reminisce about her. You might picture her at her home or at the family vacation house during the holidays. Your memory could be a special meal that only she prepared for you or a place she took you to. Or maybe you remember a piece of jewelry she always wore—one that several family members are eyeing as you go through the personal property in her estate. The little things in life can sometimes have sentimental value as well as financial value. For these reasons, personal items of the deceased can often create controversy when it is time to divide up belongings and there is no clear plan for who gets what.

How Are My Business Documents Relevant to My Estate Plan?

Posted by David M. D’Orlando, Esquire | Oct 09, 2024 | 0 Comments

For most business owners, their company is the most valuable thing they own. Yet more than one-third of all business owners do not have a legally binding plan in place addressing how their business ownership interests should be transferred. Many have not taken the most basic succession planning steps, such as valuing their business. Those who have incorporated their business into their estate plan often have outdated plans or gaps within their plan, which could lead to unintended consequences. Business owners should have an up-to-date estate plan that aligns not only with their succession plan but also with the business’s governing documents.

How Do You Define the Beneficiaries of Your Dynasty Trust?

Posted by David M. D’Orlando, Esquire | Oct 08, 2024 | 0 Comments

Many estate plans incorporate irrevocable dynasty trusts, which can offer benefits such as tax minimization and asset protection. The benefits of these types of trusts continue for a surviving spouse’s lifetime and several future generations. The actual duration of the trust can be affected by such factors as state law and how long the money and property last. Some states have rules specifically addressing how long a trust can exist. Since these trusts are designed to span multiple decades, clearly defining who will be a trust beneficiary in each generation is essential.

Will My Revocable Living Trust Avoid Probate? It Depends.

Posted by David M. D’Orlando, Esquire | Oct 07, 2024 | 0 Comments

If you have established a revocable living trust (which we will refer to simply as a trust), congratulations! You are on the right track in creating a comprehensive estate plan. However, you are only halfway there. Many people believe that because they took the time to create a trust, their estate will automatically avoid probate, and they will not have to take any additional steps. Unfortunately, this assumption creates a false sense of security.

Estate Planning Is About Knowing Your Priorities

Posted by David M. D’Orlando, Esquire | Oct 02, 2024 | 0 Comments

Thinking about the world and how our loved ones will fare after we pass away can be very difficult. Although we all know that we will pass away at some point, this is not something most people like to dwell on. However, by proactively planning and prioritizing your goals, you can craft an estate plan that allows your wish to provide the best future for your loved ones to become a reality. The first step in creating an estate plan is to consider your priorities. Your goals and wishes will be unique to your circumstances, the needs of your loved ones, and your desires to support your favorite charities.

Things to Know When Planning for an Addicted Loved One

Posted by David M. D’Orlando, Esquire | Oct 01, 2024 | 0 Comments

It has been said that the only thing harder than being an addict is loving one. It can be particularly difficult for a parent to bring a child into the world, full of hopes and dreams about their future, and then watch them spiral down into addiction. Having someone in your life who struggles with substance abuse is never easy, no matter the circumstances, the relationship, or their age. Estate planning often involves dealing with difficult situations. Putting off thinking about these decisions is not the solution. By delaying making plans for how best to care for an addicted loved one when you are no longer around, you risk losing an opportunity and control that can further complicate matters.

Why Snow White’s Father Should Have Had an Estate Plan

Posted by David M. D’Orlando, Esquire | Sep 30, 2024 | 0 Comments

Many of us are familiar with the story of Snow White and the seven dwarfs. Central to the story is the relationship between Snow White and her stepmother. This fairy tale shows the conflict that can exist when the unifying member of the family dies without an estate plan. Had the king engaged with an estate planning attorney to put his affairs in order, the outcome of this story might have been drastically different.

What Is a General Power of Appointment?

Posted by David M. D’Orlando, Esquire | Sep 26, 2024 | 0 Comments

Your family, the economy, the law, and society can change rapidly and unexpectedly, affecting your best-laid estate plans in unpredictable ways. To achieve your estate planning goals, you need a plan that can keep up with the changes. And few estate planning tools provide more flexibility than a general power of appointment. You cannot see into the future. But appointing a trusted person to decide who will receive your money and property when you are not around to make that decision could be the next best thing.

What Conditions Can I Put on My Child’s Inheritance?

Posted by David M. D’Orlando, Esquire | Sep 25, 2024 | 0 Comments

You have two primary options for leaving an inheritance to a child. The most straightforward is to give it to them in a single lump sum, with no strings attached. But this might not be the best option for some children. You may be concerned about the child’s ability to handle the money responsibly, fear they will spend it in pursuit of a cause you do not support, want to avoid the need for a court-ordered conservatorship to manage the funds if the children are minors, or have some other reason for wanting to set conditions on their inheritance.

Can I Leave My Spouse Out of My Estate Plan?

Posted by David M. D’Orlando, Esquire | Sep 23, 2024 | 0 Comments

The relationship between spouses is special in all contexts, not the least of which is the estate planning context. In many instances, you can exclude people from your estate plan, including your parents, siblings, and adult children. But there are special protections built into the law that may help protect a spouse from being disinherited.

Things to Consider When a Parent Is Out of Town

Posted by David M. D’Orlando, Esquire | Sep 22, 2024 | 0 Comments

Your estate plan may include powers of attorney that allow a trusted person to act on your behalf and advocate for you with regard to medical and financial matters when you cannot do so yourself. But do you have a similar document in place that gives someone the authority to care for your minor children when you are not able to?

Incapacity Planning and Pets

Posted by David M. D’Orlando, Esquire | Sep 21, 2024 | 0 Comments

Few US adults have an estate plan. Even fewer have included a pet in their plan. Perhaps you have an estate plan that addresses who will take your pet when you die. But does it address the possibility of your incapacity and the need for a temporary pet caretaker?

Three Ways to Manage the Cost of Your Estate Plan

Posted by David M. D’Orlando, Esquire | Sep 20, 2024 | 0 Comments

You may think creating a simple estate plan should be easy and something you can do independently. Unfortunately, this is not the case. Estate planning laws vary greatly from state to state, can sometimes be complicated, and constantly change. An experienced estate planning attorney stays informed about these nuances and changes, so you do not have to.

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