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Three Things You Must Do to Protect Your Family if You Are Recently Unemployed

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

Losing a job can be a challenging experience, but it also presents an opportunity to reassess your financial health and prepare for the future. By evaluating your assets, cutting unnecessary expenses, and exploring available resources like unemployment benefits or severance packages, you can stabilize your finances. It's also crucial to update or create an estate plan to protect your family and ensure your wishes are honored, especially if your insurance or savings situation has changed. Taking proactive steps now can provide peace of mind and lay the groundwork for long-term security.

Difference Between Transfer on Death and Payable on Death Designation

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

Setting up a Payable-on-Death (POD) or Transfer-on-Death (TOD) account can offer a fast, probate-free way to pass money and investments to loved ones—but not without tradeoffs. This article breaks down how these tools work, where they fit into your estate plan, and why they’re not a substitute for a well-crafted trust. Learn when PODs and TODs make sense, and why a quick fix might not be the best long-term solution for your heirs.

Three Liability Planning Tips for Physicians Anyone Can Use

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

This article outlines essential strategies for protecting personal and business assets from liability. It recommends a layered approach that includes securing various types of liability insurance, using state-specific exemptions to shield personal assets like retirement accounts and homesteads, and forming business entities such as LLCs or corporations to limit exposure to lawsuits. These tools work together to create a comprehensive liability protection plan suitable for professionals, business owners, and investors alike.

How to Help Your Loved Ones (and Your Life Savings) Avoid Probate

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

Using a revocable living trust is a smart strategy to avoid probate and ensure smooth estate administration—but the key to its success is proper funding. This involves transferring ownership of accounts and property into the trust and aligning beneficiary designations. Failure to do so means assets could end up in probate, undermining the trust’s benefits. The blog outlines what types of assets to fund, which to avoid, and highlights the privacy, control, and efficiency advantages of having a fully funded trust.

Nosy Neighbor Nellie Can Find Out About Your Probate  

Posted by David M. D’Orlando, Esquire | Aug 18, 2025 | 0 Comments

Probate, often assumed to be private, is actually a public process that exposes sensitive details about a deceased person’s estate. This openness invites potential nuisances and risks—including financial predators, charities, will challengers, and aggressive salespeople—all of whom can access probate filings and exploit beneficiaries. Creating a trust is recommended as a more private and secure alternative, since trust documents typically stay out of the public eye and are managed outside of court proceedings.

Why Unmarried Partners Should Care about Estate Planning

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

As more Americans choose long-term relationships without marriage, this blog highlights the legal and financial vulnerabilities faced by unmarried partners. Without proper estate planning, partners may be excluded from inheritance, decision-making authority, and tax benefits typically reserved for spouses. The post urges individuals to review beneficiary designations, account ownership, and legal documents to ensure their partner is protected in case of incapacity or death. It also emphasizes the importance of naming trusted individuals for financial and medical decisions, especially when family dynamics are strained.

Minimalism May Be Great for Your Stuff and Finances but Not for Your Estate Plan  

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

Minimalism is great for closets and countertops—but not for your estate plan. While cutting clutter can bring peace of mind, reducing your estate plan to the bare minimum could leave your loved ones vulnerable to legal confusion, delays, and unnecessary expenses. In this article, we explore why a “less is more” mindset doesn’t work when it comes to protecting your legacy. Learn how a layered, intentional approach to estate planning can give your family lasting security—and peace of mind—when it matters most.

Estate Planning for Military Families

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

Military life brings unique challenges—but your estate plan doesn’t have to be one of them. From deployments and frequent relocations to specialized survivor benefits and insurance options, military families need tailored estate planning that reflects their reality. This blog covers what service members and their loved ones should consider to protect their future, including wills, trusts, powers of attorney, and more.

Does Treating Your Children Fairly Mean Unequal Inheritances?  

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

Fair does not always mean equal—especially when it comes to your children’s inheritances. Whether due to financial disparities, special needs, caregiving roles, or differing levels of responsibility, customizing how and when each child receives their inheritance can better reflect their unique circumstances. This blog explores when unequal inheritances may actually be the most loving and thoughtful choice—and how trusts can help protect every child’s future.

Is an Income-Tax Time Bomb Lurking in Your Estate Plan?

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

With today’s sky-high estate tax exemption, many traditional planning tools like AB trusts may actually cost your loved ones more in capital gains taxes. This blog explains the critical role of income tax basis in estate planning and why modern plans should prioritize basis step-ups to reduce future tax burdens. Learn how to avoid “income-tax time bombs” and maximize tax savings for your heirs by integrating basis planning into your estate strategy.

Planning for Real Estate in a Foreign Country

Posted by David M. D’Orlando, Esquire | Aug 08, 2025 | 0 Comments

More Americans than ever are packing up and heading abroad—not just for a change of scenery but to find affordable housing, better healthcare, and a slower pace of life. But buying property overseas isn't as simple as swapping Zillow for a tropical view. This article explores the legal, tax, and estate planning complexities of international homeownership. From understanding forced heirship laws to drafting an internationally valid will, and from avoiding double taxation to working with dual counsel, we break down what you need to know before signing that overseas deed.

Undoing an Irrevocable Life Insurance Trust: Options and Alternatives in a Changing Estate Tax Landscape  

Posted by David M. D’Orlando, Esquire | Aug 07, 2025 | 0 Comments

For decades, the Irrevocable Life Insurance Trust (ILIT) has been a go-to strategy for keeping life insurance proceeds out of taxable estates—but with today’s historically high estate tax exemptions, many are rethinking its role. This article explores how ILITs work, why their appeal is fading, and the growing conversation around whether—and how—they can be “unwound.” From policy swaps and trust terminations to strategic distributions and court petitions, it covers every angle of breaking up with a trust that may no longer serve its original purpose. Read on to learn when it might be time to revisit your plan—and how to prepare for the exemption drop looming in 2026.

Being Deployed? Here Is What You Need to Do

Posted by David M. D’Orlando, Esquire | Aug 06, 2025 | 0 Comments

If you're facing deployment, there’s still time to prepare—and this article walks you through the essential legal steps to safeguard your loved ones while you're away. From updating your Family Care Plan to securing powers of attorney, revising wills or trusts, and reviewing life insurance and beneficiary designations, this piece outlines everything you need to ensure peace of mind before you go. Whether you're a single parent, part of a dual-military household, or just want to fine-tune your current estate plan, this guide serves as a practical deployment checklist to help you leave with confidence knowing your affairs are in order.

How to Handle Savings Bonds in Estate Planning and at Death

Posted by David M. D’Orlando, Esquire | Aug 05, 2025 | 0 Comments

Savings bonds are low-risk investments where individuals loan money to the U.S. government with repayment plus interest over time. Ownership of savings bonds has significant estate planning implications. If bonds are titled in a single owner's name, they typically go through probate. To avoid probate, one can name a co-owner, designate a beneficiary through TreasuryDirect, or place the bonds in a trust. Trusts can also protect financially irresponsible beneficiaries. If you discover savings bonds belonging to a deceased person, specific procedures apply depending on whether the bonds are electronic or paper, whether probate was involved, and whether a co-owner or beneficiary is named. Proper titling and planning can simplify inheritance and avoid legal complications.

Like These Celebrities, You Need an Estate Plan, Too: From Game Shows to Estate Plans: Insights from Regis Philbin

Posted by David M. D’Orlando, Esquire | Aug 02, 2025 | 0 Comments

Regis Philbin’s estate planning journey offers a masterclass in adapting legal documents to life’s changes. With a $150 million estate, multiple properties, and children from different relationships, Philbin used trusts to avoid multi-state probate, updated his will after his son’s death, and appointed backup executors to ensure continuity. His thoughtful approach highlights the importance of revisiting plans after major life events and building contingencies to protect loved ones and preserve harmony.

Like These Celebrities, You Need an Estate Plan, Too: Planning Beyond the Ring... Estate Insights from George Foreman

Posted by David M. D’Orlando, Esquire | Aug 02, 2025 | 0 Comments

George Foreman’s remarkable journey from poverty to global fame illustrates the vital role of estate planning for individuals with complex family dynamics, significant business assets, and a lasting public persona. With twelve children, five marriages, and a multi-million-dollar brand built around the George Foreman Grill, his estate likely had to address spousal obligations, distinguish similarly named heirs, and protect intellectual property. His emphasis on fair treatment over equal distribution highlights the need for thoughtful planning tailored to unique family circumstances, while his business success underscores the importance of managing royalties and brand legacy.

Like These Celebrities, You Need an Estate Plan, Too: The Legacy of Film Legend Val Kilmer

Posted by David M. D’Orlando, Esquire | Aug 02, 2025 | 0 Comments

Val Kilmer’s 2025 passing brings to light key estate planning considerations relevant to people of all walks of life. His situation showcases how a well-structured estate plan can protect privacy, simplify cross-state real estate management, preserve digital assets like voice AI and creative works, and incorporate charitable giving to reduce taxes. The importance of planning post-divorce, avoiding probate through trusts, and addressing new digital challenges is underscored. Kilmer’s legacy serves as a reminder that careful planning is essential—whether you’re a Hollywood icon or simply want peace of mind for your loved ones.

Fears When Talking about Money

Posted by David M. D’Orlando, Esquire | Aug 01, 2025 | 0 Comments

Many families avoid discussing wealth and inheritance due to fears that range from creating entitled heirs to sparking sibling rivalry or limiting future financial flexibility. These fears—such as concerns that heirs will squander assets, be influenced by outsiders, or be treated unfairly—often lead to a lack of communication, which is a major cause of generational wealth loss. However, careful estate planning can address these worries through customized provisions, restrictions, and trustee discretion, while still preparing heirs for responsible wealth stewardship. Honest conversations, regular family meetings, and financial planning can foster trust, clarify intentions, and ensure wealth serves long-term family values and goals.

What Is HEMS and Why Is It Included in So Many Trusts?

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

The HEMS standard—standing for health, education, maintenance, or support—is a common provision in trust agreements that limits how and when trustees can make distributions to beneficiaries. This standard provides important tax advantages by keeping trust property out of a beneficiary's taxable estate, especially if the beneficiary is also the trustee. It also offers significant asset protection by restricting distributions to specific purposes, shielding trust property from creditors and lawsuits. Though HEMS gives trustees flexibility, they must exercise caution and sound judgment to ensure distributions align with the beneficiary's lifestyle and needs without undermining the trust's legal protections. Examples of allowable expenses include medical care, tuition, living expenses, and other support, but extravagant or excessive distributions could jeopardize the trust's integrity.

What to Do with a Loved One's Used Medical Equipment

Posted by David M. D’Orlando, Esquire | Jul 30, 2025 | 0 Comments

After a loved one passes, families often face the task of deciding what to do with leftover personal and medical belongings. While sentimental items may have already been distributed, many practical items—like mobility aids, eyeglasses, or even hospital beds—can still be repurposed. Donating to local organizations, charities, or specialized programs is often the quickest and most impactful option, and some donations may qualify for tax deductions. Selling certain equipment is possible, but complex, especially given legal restrictions on medical device sales through e-commerce platforms. Families can also explore resale companies or local facilities that may purchase equipment, though licensing laws and resale value vary. Understanding these options can help ensure that unused equipment is responsibly handled and potentially benefits others in need.

Important Things Your Agent Under a Medical Power of Attorney Needs to Know

Posted by David M. D’Orlando, Esquire | Jul 29, 2025 | 0 Comments

A medical power of attorney is a vital legal document that allows you to appoint a trusted individual to make healthcare decisions on your behalf if you become incapacitated. This agent must act according to your known wishes, so it's important to clearly communicate your values, medical history, treatment preferences, allergies, medications, religious beliefs, and preferred providers. The document only takes effect when you are unable to speak for yourself, and each state has specific signing requirements. Regularly reviewing your medical power of attorney ensures your healthcare preferences remain up to date and respected.

Help! I’ve Been Named as a Guardian. What Do I Do?

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

Guardianship provides a legal framework for caring for a child when the parents are unable to do so, either due to death, illness, or other circumstances. A guardian, appointed by the court, has responsibilities similar to a parent, such as providing for the child's basic needs, managing finances or property, authorizing medical care, and ensuring proper education, though guardians are not expected to use their own money. Unlike adoption, guardianship does not permanently sever parental rights and can be temporary, ending when the child reaches adulthood, passes away, or the court determines it is no longer necessary. Legal guardianship is essential to perform vital tasks like enrolling a child in school or obtaining medical treatment. Individuals asked to serve as guardians should carefully consider their ability to meet these obligations before accepting the role.

Saving for College: What If There Is Money Left Over?  

Posted by David M. D’Orlando, Esquire | Jul 25, 2025 | 0 Comments

If money set aside for a child or grandchild’s education isn’t fully used—whether due to scholarships, career choices, or lower educational costs—there are various options for handling the excess funds, depending on how the money is managed. Trusts, such as health education exclusion trusts, irrevocable gifting trusts, and revocable living or education trusts, offer flexibility for redirecting unused funds for other purposes like housing, starting a business, or supporting other beneficiaries. Accounts set up under the Uniform Transfers to Minors Act (UTMA) or Uniform Gifts to Minors Act (UGMA) transfer funds directly to the child upon reaching adulthood, while 529 plans and Coverdell ESAs allow for rollovers to other family members for educational purposes, though nonqualified withdrawals incur taxes and penalties. Choosing the right strategy ensures funds are used in alignment with your goals for your family’s future.

Was Your Loved One a Book Lover? Think Twice Before You Throw Them Out

Posted by David M. D’Orlando, Esquire | Jul 24, 2025 | 0 Comments

When books are overlooked in estate planning, families are often left with the emotional and logistical task of deciding their fate. While most books have little resale value, some may hold personal significance or rare value due to factors like scarcity, condition, or hidden items within their pages. Estate sale experts can assist in identifying potentially valuable volumes, but even seemingly insignificant books can serve as sentimental heirlooms or carry emotional meaning. Including specific bequests in an estate plan—or gifting cherished books during one’s lifetime—can help prevent family conflict and preserve meaningful legacies. Thoughtful handling of books, like any personal belonging, can honor a loved one’s memory in lasting ways.

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