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Category Archives: trust

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Pros and Cons of Putting Your Estate in A Trust for Your Children

By David Toback |

A trust allows you to decide how you want your property to be entertained upon your death and there are typically two types of trusts that are the most common: Revocable: You will have full control as long as you are living. You can add or remove assets from the trust as you please…. Read More »

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The Pros and Cons of Putting Your Property in a Trust

By David Toback |

It’s not an uncommon issue for parents to worry that their adult children will throw their inheritance away on fast living, drugs, or alcohol, have it taken by creditors, or have a spouse take their inheritance in a divorce settlement. However, holding their inheritance property in a trust can have a lot of benefits…. Read More »

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How Can a Living Trust Help Me Prepare for the Future?

By David Toback |

When it comes to planning for the end of our lives, we often don’t like to think about it. However, failing to plan could mean leaving a mess behind for your loved ones to handle once you are gone, and most of us don’t want that either. Having a will is one option to… Read More »

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Should You Name a Trust as a Beneficiary of Your IRA?

By David Toback |

So you have an IRA, and it has some value to it. Like other things that you may own, it’s an asset that needs to be planned for when you pass. Those IRAs may not automatically go to your beneficiaries, and in some cases, may be subject to creditor claims. How do you protect… Read More »

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When to Consider a Special Needs Trust

By David Toback |

One of the most stressful aspects of taking care of a disabled loved one involves what will happen to them, and how they will manage their affairs, when their caregivers are gone. This is most often a concern for parents of disabled children, who want to make sure their child is cared for when… Read More »

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Changing Irrevocable Trusts By Decanting

By David Toback |

In law, it seems that there is never an absolute. Definites seem to always have exceptions, and loopholes abound in even the most seemingly common sense and unconditional language. So is the case with trust law. Irrevocable Trust Changes You may think that the term irrevocable trust means that the trust is, well, irrevocable…. Read More »

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What Happens to Florida Property That Belongs to Those Who Live in Other States?

By David Toback |

Florida is a popular vacation area, a popular state for people to own vacation homes and timeshares, and a popular place to visit. As a result, it is common that people who live out of the state may own property located in the state. Those people may have wills, estates, or trust documents that… Read More »

New Case Discusses Difficulties in Revoking a Trust

By David Toback |

It seems that wills and trusts go hand in hand. People will often set up both simultaneously, and assuming they are drafted property, both will work in tandem with the other and remain consistent with their intentions. But what if they don’t? What if a will contradicts, or even revokes, a trust? That’s a… Read More »

All About the Blind Trust

By David Toback |

During a presidential election cycle, interesting legal issues concerning criminal law, civil rights and social issues often arise. Rarely do estate planning topics enter the national debate, other than the occasional discussion of tax policy. But recently, the candidates and the media have been raising the issue of blind trusts. These trusts have long… Read More »

Human Remains Can Be a Difficult Subject of Estate Disputes

By David Toback |

Sometimes the law is ill equipped to deal with some of the most sensitive subjects in life, especially in the area of estate planning and probate, which deals with often painful and sensitive issues. Trying to fit the staid, cold provisions of law into the realities of human interaction can often lead to miserable… Read More »

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