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Trusts

SOME COMMON MISUNDERSTANDINGS REGARDING LIVING TRUSTS

by | Last updated Feb 22, 2023 | Advanced Estate Planning, Estate Administration, Estate Planning, Living Trusts, Probate, Trusts, Wills

SOME COMMON MISUNDERSTANDINGS REGARDING LIVING TRUSTS: 1.  “They cost too much.”  A properly written and legally enforceable living trust typically has a higher initial price tag than what a will does. But, when you take into consideration the privacy, legally enforceable provisions that will protect your assets, and expeditiousness with regard to taking decisive action to safeguarding your interests, a living trust is a very worthwhile investment. In addition, living trusts address such contingencies as making arrangements to care for your (or your spouse) should you become incapacitated, the rights and duties of the acting trustee with protecting your real and personal property (if you’re unable to), and in carrying out your detailed instructions for the dispersal of your estate to your loved ones upon your death. Once more, living trusts are invaluable in that they can enable you to avoid both conservatorship court proceedings and probate altogether. 2.  “I’ll lose control of my assets!”  With you and/or your spouse acting as trustees of your own living trust, you have the unquestioned authority to do anything with your assets as you see fit. You can make purchases, open/close banks accounts, take extended vacations, appoint/remove designated trustees, and you can even dissolve your living trust at any time (as long as you can make your own decisions).  Plus, you alone control who (and at what time) will inherit from your estate. 3.  “Trusts are just for the ‘well-to-do.”  On the contrary, a living trust can provide protections for a wide range of estates.  Wealthy clients are able to avoid having to pay excessive income/estate taxes.  Families of modest means can...

Samuel B. Ledwitz Joins the The National Advocates Top 100 Lawyers

by | Last updated Feb 22, 2023 | Advanced Estate Planning, Estate Planning, Litigation, Probate, Staff, Taxes, Trusts

Samuel B. Ledwitz Joins the The National Advocates Top 100 Lawyers Link to Samuel’s Profile at The National Advocates The National Advocates: Top 100 Lawyers is an invitation-only national organization composed of America’s Premier Lawyers. Membership is extended solely to a select few of the most qualified attorneys from each state who exemplify superior qualifications of leadership, reputation, influence, stature and profile as lawyers practicing in designated aspects of the law. Members of The National Advocates are carefully screened prior to receiving an invitation for membership. The criteria used in the evaluation process include, but are not limited to, the following: Reputation among peers, the judiciary, and the public The previous year’s achievements in the practice area of specialty Board Certifications in area of specialty Nominations received from leading lawyers, current members and/or our executive committee members Leadership and membership within other national and state lawyer or specialty organizations Rankings and ratings of the attorney by established associations or organizations The National Advocates’ mission is to promote excellence in the legal profession through advocacy training, marketing, networking and education of lawyers....

Using Qualified Personal Residence Trusts To Lower Your Taxes

by | Last updated Feb 22, 2023 | Advanced Estate Planning, QPRT, Qualified Personal Residence Trusts, Taxes, Trusts

Clintons seek to avoid a tax they once supported Bill and Hillary are reportedly using tax advantaged strategies used by multimillionaires. Read More at fortune.com   Qualified Personal Residence Trusts – Bezaire, Ledwitz & Associates, APC Qualified Personal Residence Trusts, or QPRTs (pronounced “cue-pert”), are Advanced Estate Planning instruments that help clients transfer their principal residence at a lower Estate/Gift Tax value. Clients benefit from a QPRT’s by transferring their principal residence into an Irrevocable Trust (meaning that the trust cannot be amended, modified, or revoked once it has been created and funded), and retaining a right to live in that residence for a period of years. The named beneficiaries of the trust will receive the residence from the trust when the term ends, should the Grantor survive until that time. Read More at Bezaire, Ledwitz & Associates, APC Video – Qualified Personal Residence Trusts, Bezaire, Ledwitz & Associates, APC [wp_lightbox_ultimate_youtube_video_embed videoid=”16BkGj4A2ls” playlist=”” width=”853″ height=”480″ hd=”1″ autoplay=”1″ display_control=”1″ fullscreen=”1″ autohide=”2″ theme=”dark” show_suggested_video=”0″ use_https=”” enable_privacy=”” show_logo=”1″ showinfo=”1″ auto_popup=”” direct_embed=”” anchor_type=”image” text=”” source=”https://smartestateplans.com/wp-content/uploads/2014/02/qprt.png”] Qualified Personal Residence Trust Viewpoints on Financial Planning A qualified personal residence trust is ideal for anyone who has a substantial estate and is expected to face future transfer taxes. One of the best tools to manage future transfer tax liability for wealthy families is a qualified personal residence trust (QPRT). Read More at http://www.bbt.com/bbtdotcom/wealth/retirement-and-planning/trusts-and-estates/qualified-personal-residence-trust.page The ABCs of QPRTs A popular estate planning technique in today’s growing real estate market is to transfer a residence to a qualified personal residence trust (QPRT) to reduce the size of the estate. This article provides a case study on the mechanics...

Estate Planning: Affordable Care Act and expanded Medi-Cal

by | Last updated Feb 26, 2020 | Advance Health Care Directive, Affordable Care Act, Estate Planning, HIPAA, Trusts, Wills

Under the Affordable Care Act (“ACA”), low income persons under age 65 may enroll in the expanded Medi-Cal in order to meet the federal requirement that everyone have health care insurance. At age 65, Medicare covers doctor visits, hospital visits and some prescription drugs. Read...