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Articles on Estate Planning



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Are you seeking information about estate planning and other related topics? Are you searching for information on estate planning? These articles contain important information regarding revocable trusts for life and durable powers. These articles also provide tips for asset protection and avoidance. So what are you waiting? Start planning your estate today! This site is worth bookmarking for future reference. You'll be thankful you did.

Avoid probate by using estate planning

Gifting property is a great way to avoid probate. When one joint owner dies, the other owner automatically passes on their share of ownership to the surviving spouse. This process should only be attempted with the assistance a skilled estate planning lawyer. This type planning can avoid many unnecessary problems. This proactive approach can help avoid probate. This is not a quick fix. No matter how great gifting can be, it is important you weigh all options before making any final decisions.

Trusts are another way to avoid probate. A trust that is properly funded will allow you to keep control of the property even after your death. The trustee, also known to as the settlor or creator of the trust, dies when you pass away. The trust property is then transferred to a successor trustee. Trusts can also be used to avoid probate court. These trusts are similar to wills, but require less court involvement.


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An irrevocable trust for life insurance

Your life insurance policy will be held in an irrevocable trust. The trust will determine what happens with the money after your death. Your beneficiaries can use the money as a way to pay your estate taxes, or to take care of their loved ones. The money is not included with your estate. This means that it can continue growing and protecting your family. Not only will you avoid the estate taxes, but the money from your life insurance trust won't be subject to any tax in your name.


An ILIT is a great tool for estate planning. However, it's important to ensure that you have the policy transferred into the trust. This is a mistake many people make. Transferring their life insurance policy to the trust doesn't give them the full estate tax savings. This is a serious mistake. An ILIT protects your family's assets and prevents creditors.

Durable power

A Durable Pool of Attorney is a legal instrument that gives certain authority to a named person. New York law does NOT allow for more than two agents. The Principal must decide if they will act separately or together. A Principal can appoint one agent to manage all aspects of his finances, and another to deal with other issues. The benefits of having two agents can be great, but it can also slow down decision-making.

Name a trusted financial advisor to help make your POA work. The person named would manage your financial affairs in case of incapacity. A durable power of attorney, also known as a healthcare proxy, allows another person to make health-related decisions. No matter how long you expect to live, having a durable powers of attorney allows you to plan for the worst. If you consider the possibility of becoming incapacitated, it is never pleasant.


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Protection of assets

Because of many reasons, asset planning is critical. An individual who plans an estate can face legal action. But, many people's assets can be shielded against creditors by filing a homestead exemption. Also, creditors can also apply to insurance policies, so asset protection planning is vital to protect loved ones' assets. A few strategies to protect assets are discussed below. WealthCounsel offers a 6-part series on asset preservation.

You may want to consider a trust for asset protection. An expert estate planning attorney will explain the best options to protect your assets. A competent attorney will explain the other options available to you. The goal is to maximize your estate's value, and ensure your loved ones are provided for after your death. These strategies will allow your family to rest easy knowing that all of their estate planning needs will be met.


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FAQ

What is the difference of a paralegal versus a legal assistant

Paralegals can be trained to do specific tasks like typing, filing, and researching. Legal assistants may assist attorneys in preparing pleadings, drafting motions, or researching. These professionals are essential for attorneys to be able to finish their work.


What is the average time it takes to become a lawyer.

The answer is not as simple as you might think. While you need to be a hard worker for at most four years after graduating high school, there are also other factors.

You also have to pass exams and do well enough on them to get into law school. You'll then spend two more years studying law.

After all of that, you'll be graduating from law school. Next, you'll return to college to continue studying for the bar exam. You are now a licensed attorney if you pass this exam.


Which type of lawyer are you most in demand?

It is best to simply say there are two types. These are the transactional lawyers as well as the litigation lawyers. Transactional lawyers deal with contracts and business law. Litigation lawyers are involved in lawsuits. Generalists are lawyers who can specialize in both of these areas. The best-known type of generalist is the "Big Law", which refers to an attorney who practices in large firms and deals with many different types. Generalists may be transactional or litigation lawyers.

All types of legal issues can be handled by transactional lawyers, including divorces, wills and trusts, real-estate transactions, employment agreements, and other matters. These lawyers often work on a contingency fee basis. They are only paid if their client wins. The lawyer is not paid if the client loses. Because they have to pass trials to win cases, these lawyers are sometimes called "trial attorneys".

Litigation lawyers handle lawsuits. They may represent clients in courtrooms, administrative hearings, and other venues. Some litigators may also perform transactional work. They may also draft documents for clients. A company can employ litigation lawyers to defend against a lawsuit brought against it by another firm. They may also be hired to represent the plaintiff in a lawsuit against the defendant. Some law firms are solely focused on personal injury cases. Some focus on commercial disputes. Others specialize in commercial disputes.

Lawyers who work in litigation need to be able argue and present evidence in front of juries and judges. They must be familiar with civil procedure rules and other aspects of litigation law. They should be able analyze and research facts. They must be skilled negotiators.


Are all attorneys required to wear suits?

But not necessarily. Some prefer to wear casual clothes while others prefer suits. Many lawyers dress casually. However, some states require that lawyers wear business attire.


How much should I pay for a lawyer's services?

When you are considering hiring a lawyer to represent you, think about what you would need. It is reasonable to expect to pay anywhere from $1,000 to $2,500 for an hour. Many people don't realize the amount of time that is required to research the options, prepare paperwork and meet with a lawyer. You may believe you're only paying for the lawyer's advice.

Also, consider whether you would like to retain the lawyer part-time or full-time. Hourly rates are common for full-time lawyers. Part-time lawyers generally bill by the project. Part-time lawyers are best if you need assistance only once or twice per year. However, if you need ongoing assistance, you should seek a full-time lawyer.

Consider whether you prefer to have a solo practitioner or a full-service firm. Solo practitioners usually charge lower hourly rates than firms, but they often lack the resources to provide effective representation. Firms may offer more experience, greater expertise and greater access.

Last, but not least, consider the cost of malpractice insurance. Some states require that all lawyers have professional liability insurance. Others do not. In any case, it is a good idea to check with the state bar association to see if there are any insurers in your area.



Statistics

  • Just 59.2 percent of 2015 law school grads held full-time, long-term jobs as lawyers 10 months after graduation, according to data from the American Bar Association (ABA). (rasmussen.edu)
  • Though the BLS predicts that growth in employment for lawyers will continue at six percent through 2024, that growth may not be enough to provide jobs for all graduating law school students. (rasmussen.edu)
  • A Johns Hopkins study of more than 100 professions found lawyers the most likely to have severe depression—four times more likely than the average person. (rasmussen.edu)
  • According to a 2019 Robert Half Legal Consulting Solutions survey, 54% of law firms were planning to expand their legal teams. (stfrancislaw.com)
  • According to the Occupational Outlook Handbook published by the Bureau of Labor Statistics, the national average annual wage of a lawyer is $144,230. (legal.io)



External Links

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How To

Where can I get legal aid for free?

It is difficult to find a good pro bono lawyer because there are so many out there who would like your business. There are several options to help you find a probono lawyer. You can contact your local bar association for information, search online to find a list, or consult your state's bar association. A local law school is another way to locate a pro bono lawyer. Many law school students have the opportunity to assist clients with low income to get justice. If none these options appeal to your needs, then you might want to consider working with a nonprofit such as Legal Services Corporation. LSC finances organizations in the United States that provide civil legal assistance free of charge to people below the poverty threshold. The organization finances programs that help low income individuals with housing problems, child support enforcement matters, family law matters and consumer protection. LSC provides financial assistance as well as guidance and advice to grantees about how to best serve their clients. Some examples of services include:

  • Financial counseling
  • Assistance with filing for bankruptcy
  • Families can help to end domestic violence
  • Representation before the administrative agencies

Here are some tips to help you find a pro bono lawyer if you are struggling to find one.

  • You shouldn't waste your time looking for a specialist in your case. Pro bono lawyers often represent different types of clients, which means they'll likely have little experience working with your particular kind of issue.
  • It is important to find a lawyer who has represented low-income clients. This means that they are familiar with the communication needs of this client group.
  • Ask your lawyer if he or she has received any training in the area you are concerned. Consider, for example, whether the lawyer is familiar with handling landlord-tenant cases.
  • Find out if they accept new clients. Some lawyers are limited to certain types of cases. This means that you may not find one who is willing to take on pro bono clients.
  • Avoid lawyers who claim they are experts in one particular area of law. Many lawyers state that they have specialized in other areas but are not knowledgeable about the subject.
  • A strong reputation is essential. Ask family and friends for recommendations. Look online for reviews of other clients.






Articles on Estate Planning