Thomas F. Miles, Attorney and Counselor at Law
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Posts tagged "Estate Planning"

How do inter vivos and testamentary trusts differ?

Developing an estate plan protects your assets and interests, but it also ensures that your wishes are memorialized in writing. While drafting a will is a typical step taken when establishing an estate plan, many people consider how drafting a trust could benefit them and their heirs. They may want to understand what types of trusts they could include in their estate plan and how they operate during their life and after they pass.

Four factors to consider when drafting an estate plan

While we do not like it, it is inevitable that we age each year. And, as each year passes by, it is important that residents in California and elsewhere take the time to protect their assets. It might be tough to start the conversation that could lead to an estate plan, but the reality is that this will always remain an important and essential step to take.

Make sure your estate plan matches your wishes

Time stops for no one, and before a California resident may realize it their children may be grown and they may be prepared to end their career in order to embrace retirement. When a person reaches that point in life, they may feel confident that the wealth they worked so hard to earn is sufficient to provide them with what they need until they pass on. Many in this situation hope that there is something left over when they eventually meet their end so that their loved ones may inherit something from their estates.

What do you need to do to create a charitable trust?

Oftentimes, when San Diego residents begin the process of inventorying their property and assets to create an estate plan, they consider to whom they would like their wealth to pass. They may choose family members or dear friends who supported them through their lifetime. They may also want to give to organizations that do good work for causes the estate planner believes in.

Understanding the requirements of a valid will in California

A will is an important estate planning document. Through a properly executed will a person may leave items of property to their loved ones, establish guardians for their minor children and make bequests to the charities of their choice. A will outlines how a person would like their estate distributed upon their death, but unless it conforms to the laws of the state a person's will may be contested or even set aside.

What is a spendthrift trust?

Trusts are important estate planning tools that can allow individuals to place their assets in trust and for the benefit of others. The creator of a trust may place terms and conditions on how the trust beneficiaries may collect their trust income and different types of trusts may achieve different estate planning goals. This post will discuss one specific type of trust - spendthrift trusts - and will describe how some San Diego residents may use them to provide for individuals after the trust creators' deaths.

What is a testamentary trust?

Drafting an estate plan has become an important step for individuals in California and elsewhere to take. While it is also a process that many seek to avoid until later in life, it has been proven to be an essential and necessary step to take as soon as possible. While that means taking the time to think about your death and what will happen following your death, failing to take the time to address this uncomfortable topic could prove to be problematic and harmful when it comes to your heirs and beneficiaries dealing with your estate after your passing.

Making an effective estate plan

Even though something is important, it doesn't mean that some won't avoid it. This is the case with estate planning. It is clear that it is an essential step to take; however, many try to delay the process as long as possible. An estate plan is used for more than just protecting one's assets. It is also a way to organize assets, understanding what you own and how your property will be treated in the event of you incapacitation or death.

The importance of naming a trustee for a living trust

Individuals make important decisions everyday. However, when these decisions impact an estate plan, it is imperative to ensure that the terms and details of these documents meet your needs and are in fact valid. One type of document many consider including in the estate planning process is a trust. A trust can come in a variety of forms and can take on various purposes.

What are the common mistakes made during estate planning?

As baby boomers age, they need to take the time to consider what their life after retirement will look like. While retirement is often a timeframe used to start drafting an estate plan, this is by no means a set time to take such measures. In fact, initiating the estate planning process sooner if often advised because we can never predict what the future might look like or what it might hold. And while individuals in California and elsewhere might think they understand what it takes to complete their estate plan, there are various obstacles to be on the lookout for.


Thomas F. Miles, Attorney and Counselor at Law
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