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3 Examples of When an Irrevocable Trust Can—and Should—Be Modified

Posted by David M. D’Orlando, Esquire | Mar 03, 2025 | 0 Comments

Did you know that irrevocable trusts can be modified? If you did not, you are not alone. The name lends itself to that very misconception. However, the truth is that changes in laws, family, trustees, and finances can frustrate the trustmaker’s original intent when the trust was created. Or, sometimes, an error in the trust document is identified. When this happens, it is wise to consider changing the trust, even if that trust is irrevocable.

How to Give Real Property to a Loved One at Your Death Without Probate Court Involvement

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

A home is often one of the most important assets that people own. Therefore, most people want to stay in their home until they die and then have a loved one receive it. One common way to pass a home to loved ones is through a will. However, transferring property with a will requires probate, which is generally considered a lengthy, costly, and public court process that many actively seek to avoid.

Beware of Trust Scams—and How to Spot Them

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

Trusts are widely used in estate planning to protect and transfer a person’s assets (money, accounts, property, etc.), sometimes in a tax-advantaged manner. Some trusts are highly complex, with multiple parties, intricate structures, specialized legal terms, and references to arcane tax law that can be difficult for the average person to understand.

Important Legacy Questions You Should Answer in Your Estate Plan

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

When beginning any type of planning, you usually start with some preliminary questions. Estate planning is no different. When you begin the process, your estate planning attorney will likely ask about your family members, the accounts and property you own, and whom you want to include in your estate plan. As you dive deeper into the process, you will need to think about how you envision things unfolding after you have passed away. Aside from your money and property, are there other things you want to leave your loved ones? Any inspiring words or values that you hope they heed? The following questions can help you think about what matters most to you and what you want your loved ones to receive through your estate plan in addition to money and property.

Money Isn’t Everything in Estate Planning: How to Pass Your Stories and Values to Future Generations

Posted by David M. D’Orlando, Esquire | Feb 10, 2025 | 0 Comments

Money and property may be the most discussed types of wealth that a person owns, but the riches of their experience and wisdom can mean even more to loved ones down the line. Reinforcement of family traditions can be built into your estate plan alongside your wishes regarding the distribution of your money, property, and belongings. After all, what really makes a family is its values and traditions—not the finances that are left behind. An excellent way to share your values with your loved ones is to hold a family meeting to discuss what matters most to you. In addition to sharing your wisdom, you may make it more likely that your loved ones will handle their inheritance responsibly, especially if they understand the reasons behind the choices you have made in your estate plan. This is one of the many reasons for having a family discussion about your legacy and estate plan.

Appointing Your Legacy: A Guide to Using a General Power of Appointment Trust to Protect Your Spouse

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

Through sickness and health, thick and thin, you and your spouse have been there for each other. You may even share almost everything, including your estate plan. That plan expresses the love and trust you have built over the years. It ensures that the other will be financially and legally taken care of when something happens to one of you.

Maximize Tax Benefits and Protect Your Spouse with a Qualified Terminable Interest Property Trust (QTIP)

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

Valentine’s Day spending totaled nearly $26 billion in 2024, including an all-time high of $6.4 billion spent on jewelry.[1] Yet many Americans report feeling disappointed that their partner did not do enough to celebrate Valentine’s Day.[2] More than 40 percent of US adults say they feel stressed about finding the perfect gift for loved ones.[3] About one-third plan to give a gift of experience this year instead of material possessions, marking a consumer shift toward gifts that are seen as more experiential and personalized than material items.[4] While the gift of a qualified terminable interest property (QTIP) trust may not be the most romantic Valentine’s Day gesture, it could prove to be more thoughtful, caring, and valuable than an off-the-shelf purchase.

Protect Your Wealth and Your Spouse with a Spousal Lifetime Access Trust

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

February, the month of love, is the perfect time to show your loved ones that you care about their financial futures. While chocolates and flowers are nice gestures, a spousal lifetime access trust (SLAT) can make a more lasting gift, especially with the record-high estate tax exemption set to decrease drastically in 2026. In general terms, a SLAT is a trust that allows you to transfer your assets (for example, your accounts, money, and property) to your spouse while minimizing estate taxes and shielding those assets from probate and potential creditors.

Do Not Leave Your Trust Unprotected: 6 Ways a Trust Protector Can Help You

Posted by David M. D’Orlando, Esquire | Feb 04, 2025 | 0 Comments

Trust protectors are commonly used in the United States. Essentially, a trust protector is someone who serves as an appointed authority over a trust that will be in effect for a long period of time. Trust protectors ensure that trustees maintain the integrity of the trust, make solid distribution and investment decisions, and adapt the trust to changes in law and circumstance. 

Watch Out for Stolen Items in Your Loved One's Estate

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

Your family member went through a meticulous estate planning process to organize and distribute money and property for the benefit of their loved ones, including you. But you may suspect that some of the high-value items in their estate originated as stolen property. The possibility of discovering stolen items within an estate is often overlooked, but it can have legal, financial, and emotional complications. How does it happen?

I'm a Survivor . . . and Now I Have My Own Trust?

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

Many married couples share almost everything, including finances. This may be reflected in their estate plan by using one joint living trust instead of two separate trusts. Separate trusts can provide greater flexibility, but a joint trust can be structured so that when one spouse passes away, the trust is split into two subtrusts: a survivor’s trust and a decedent’s trust.

Testamentary Trusts: The Best of Both Worlds

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

You have several different options when it comes to creating the right estate plan. Some people believe that a revocable living trust is the best way to go, while others think that a last will and testament (commonly known as a will) is best under certain circumstances. Others may find that a combination of both—through the use of a testamentary trust—provides the right amount of control and protection for themselves and their loved ones.

Celebrating International LEGO Day

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

Mark your calendars: January 28 is International LEGO day, which celebrates the date when the patent for the globally famous plastic brick system was filed. Since the 1940s, people have been creating their own worlds, brick by brick, with LEGOs. With an estate plan, you can help your loved ones build a great future. Make your estate plan as specific as you want by providing step-by-step instructions for how you want them to honor your legacy. Or give them the resources to bring their vision to life, no strings attached.

Saying Goodbye Is Hard: How a Comprehensive Estate Plan Can Help

Posted by David M. D’Orlando, Esquire | Jan 27, 2025 | 0 Comments

When people think about estate planning, they usually focus on who will receive their money and property when they pass away and how it will be received. However, estate planning can also address your end-of-life wishes—the considerations and expenses involved when it is time to say goodbye to your loved ones. The following are important questions to ask yourself, as the answers are a critical part of creating a comprehensive estate plan. 

What Is a Residuary Clause and Why Is It Important?

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

When developing your estate plan, it is nearly impossible to address every account or property you own. There are sure to be some things you unintentionally overlook. However, by including a residuary clause, you can intentionally disburse any remaining items inadvertently left over during the estate or trust administration process to a named beneficiary or group of beneficiaries.

Inspiring Action: The Guide to Creating or Updating Your Estate Plan

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

Creating or revising an estate plan can feel overwhelming, causing many people to procrastinate. But the longer you put it off, the more potential there is to be caught unprepared in an emergency. So how can you motivate yourself and your loved ones to begin the process? Here are some strategies to help you overcome some of the negative feelings associated with this process and meet the challenge head on.

What Happens to Real Estate With a Mortgage When I Die?

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

Your mortgage, like the rest of your debt, does not simply disappear when you die. If you leave your home that has an outstanding loan to a beneficiary in your will or trust, your beneficiary will inherit not only the property but also the outstanding debt. They may have the right to take over the mortgage and keep the home, or they may choose to sell it and keep the proceeds. A few different scenarios can unfold, however, depending on the mortgage terms and the estate plan instructions.

What Is the Difference Between a Probate and Trust Administration Attorney and an Estate Planning Attorney?

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

Estate planning attorneys focus on creating a plan to manage a person's money, property, and affairs upon their death or if they are unable to manage it themselves. Probate and trust administration attorneys, on the other hand, deal with settling an estate or trust after the person has passed away. While there can be some overlap between these roles, not every attorney handles both.

The Estate of Richard Simmons: Sweatin’ the Small Stuff

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

Fitness icon Richard Simmons, known for his flamboyant personality, high energy, and trademark attire, passed away in July 2024 following a fall at his Los Angeles home. Because of a legal dispute between his longtime housekeeper, Teresa Reveles Muro, and his brother, Leonard (Lenny) Simmons, the estate of the Sweatin’ to the Oldies star is now sweating out a legal dispute over control of Richard’s trust.

Handling a Loved One’s Debts After They Die

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

While nearly half of Americans think they will pass on their debts when they die, you can take proactive steps now to protect your loved ones from inheriting or becoming responsible for your debts. If you are an estate’s executor/personal representative or have been contacted by a debt collector about a deceased family member’s debt, you should understand your rights and obligations.

Estate Planning for Collectors and Hobbyists

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

Whether you are a collector of classic cars or comic books, an artist or craftsperson with a studio full of valuable equipment, a musician who owns prized instruments, or someone who never outgrew their vintage toys and board games, estate planning helps to preserve your cherished items and make them part of your legacy.

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