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Category Archives: Estate Planning


Talking to Your Family About Your Estate Plan During the COVID-19 Pandemic

By David Toback |

If you think that planning to get together with your family during the holidays is stressful, the usual holiday stress has nothing on the conflicts and hurt feelings that can arise when deciding to travel, or deciding not to travel, during the COVID-19 pandemic.  Whether you are itching to see your grandchildren open their… Read More »


The Annual Gift Tax Exclusion: A No Strings Attached Way to Help Your Family Members Financially

By David Toback |

If you think about your estate plan in enough detail, you will discover that almost anything you do to help the beneficiaries also creates some kind of a burden for them.  If you leave them a real estate property, they will have the task of maintaining it; if the house is to be shared… Read More »


Reopening an Estate for Probate After It Has Already Settled

By David Toback |

If you enjoy performing the tasks of the personal representative of an estate, you should consider a career as an estate planning lawyer.  Most people find the task stressful, even if they knew for years in advance that their parent, spouse, sibling, aunt, or uncle had named them as a personal representative in their… Read More »


When the Will Conflicts with the Prenuptial Agreement

By David Toback |

There is a lot more to prenuptial agreements than what you see in soap operas and on tabloid news websites.  Many people who sign prenuptial agreements are not extraordinarily rich, greedy, or stingy.  They just have financial entanglements that they do not want their marriage to disturb.  In many cases, the prenuptial agreement specifies… Read More »


Selling a House During Probate Is a Hassle, but Most Probate Sales Can Be Avoided

By David Toback |

You might have consoled your children, grandchildren, nieces or nephews on the eve of their weddings that few other events in their lives will involve as much stress as wedding planning.  In fact, there are a few other major life events that almost always involve prolonged stress, but not very many.  Caring for a… Read More »


Incentive Trust Dos and Don’ts

By David Toback |

Do you hate-watch celebrity news videos about the latest misbehavior of the sons, daughters, and grandchildren of stars who made their fortune when you were young?  Does the phrase “trust fund baby” make your skin crawl?  Are you appalled at the amount of money that the young generation spends on clothes, phones, and educational… Read More »


Revocable Trusts, Divorce, and Your Estate Plan

By David Toback |

Setting up a revocable trust is one of the most convenient and most flexible ways that you can keep your assets out of probate.  If you and your spouse set up a revocable trust, then you can use as much of the money as you need for yourselves and even pay some of it… Read More »


Is Your Will Out of Date?

By David Toback |

As every retiree knows, some things get better with age.  Your dad jokes are even funnier now that they are grandpa jokes, and now that collecting vinyl records is back in style, there is no telling which of your other old hobbies will soon get the appreciation that they deserve.  Of course, two of… Read More »


What Happens When You Marry the Love of Your Life After Inheriting Money from Your Parents?

By David Toback |

Finding true love late in life is a beautiful thing.  The previous pain you have experienced, whether it is from divorce, the death of your first spouse, or just many years of loneliness and assuming you would never find your perfect match, makes you appreciate your partner even more.  Even if you had a… Read More »


Your Out-of-State Relative or Your Local Lawyer: Who Is a Better Candidate for Personal Representative of Your Estate?

By David Toback |

An important part of your estate plan is designating someone as the personal representative of your estate, also known as the executor of your will.  For many married people, their spouse is the obvious choice, but if you are widowed or divorced, or if you have never been married, the choice is not so… Read More »

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