Thomas F. Miles, Attorney and Counselor at Law
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June 2017 Archives

What you need to know when considering a living trust, part 2

Last week, we discussed some of the reasoning behind setting up a living trust and the basics of a living trust. While it is beneficial to have a living trust to avoid probate, it is also worth discussing that a living trust does come with its set of small inconveniences.

What you need to know when considering a living trust, part 1

As we discussed last week, a trust is set up so that a trustee can properly allocate assets or property to a beneficiary, or the person receiving the assets or property. Traditional trusts are written while the trustor, or grantor, the person giving away the assets or property, is living and the assets or property is to be given out upon the trustor's death. One could also consider creating a living trust, often referred to as an "inter vivos" trust, since it is implemented while the trustor is still alive.

What are trusts?

There are many things to consider when working on your estate planning. One option that many people consider is the establishment of a trust. A trust is created to help manage one's property and finances by making certain that it gets properly transferred to the people mentioned in the trust. Before we elaborate, there are a few terms that should be defined to make things easier.

When is a good time to start estate planning?

Whatever age you are, it is likely a good time to start estate planning if you have not already. For example, suppose you are 30 years old, married and have one child. You may not yet have significant assets, but you do have that spouse and child. What happens to the child if both parents die? Estate planning helps you answer that difficult question and many others.

Facing foreclosure? Consider all your options

Sometimes Americans just run into bad luck. Even people who make every effort to handle their finances responsibly on occasion find themselves over their head. Maybe it was bad investments, maybe you lost your job and have been struggling to find more work or maybe it was a catastrophic illness or injury that put you in substantial debt.

Who should consider Chapter 13 bankruptcy?

If you are in debt, it is important to weigh all your possible options before making a decision on how to best tackle your plight. For some people, even the word bankruptcy can sound scary and intimidating. But the reality is that bankruptcy is designed to help people get out of debt so that over time they will have a fresh start. One possible consideration is Chapter 13 bankruptcy, though it is important to understand that one must qualify and meet certain conditions to be eligible. Over the next two weeks we will discuss all the necessary requirements one needs to qualify for Chapter 13 bankruptcy.


Thomas F. Miles, Attorney and Counselor at Law
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