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Estate planning blog

Everything you need to know about Estate Planning, including how to get letters, if you need Estate Planning, and more.

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  • Business Succession
  • Estate Planning
  • Legacy
  • Real Estate
  • Taxes
  • Trusts
  • Wealth
  • Will Contests
  • Wills

Estate Planning and Owning Real Estate with Non-Spouses

by Christopher Small | Jan 28, 2021 | Definitions, Estate Planning, Real Estate, Trusts, Wills

This is an estate planning attorney question I get quite often, so I thought I’d answer it here. The question centers around one thing generally – “how can I make sure my property goes to the right person when I die when I own it with someone who is...

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Revocable Living Trusts Explained

by Christopher Small | Jan 26, 2021 | Definitions, Estate Planning, Legacy, Trusts, Wealth

Since I did the Estate Planning 101 post yesterday, I thought today would be a good day to tackle the next most used estate planning vehicle for most people – revocable living trusts. To begin with, there are certain people that will want to consider a revocable...

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Estate Planning 101

by Christopher Small | Jan 25, 2021 | Estate Planning, Guardianship, Legacy, Medical Power of Attorney, Power of Attorney, Wealth, Wills

It’s been a while since I just dove into the basics of estate planning, so let’s do it real quick. To begin, estate planning covers you in two scenarios: Scenario #1 – you are alive but incapacitated (think you are in a car accident or you have...

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Estate Planning and Real Estate with Multiple Heirs

by Christopher Small | Jan 18, 2021 | Estate Planning, Real Estate

Looks like we’ve got a little bit of a real estate theme going on here the last couple of posts. That’s what people are asking us about, so that’s what we’re talking about. This time, we’re talking about real estate and estate planning...

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Do You Have to Pay Excise Tax to Transfer Real Estate into a Trust?

by Christopher Small | Jan 14, 2021 | Definitions, Estate Planning, Real Estate, Taxes, Trusts

I had a conversation with a potential client today that asked me about whether or not excise taxes had to be paid on a real estate transfer into a revocable living trust. So I thought I’d answer that question right here. First, let’s define excise tax. At...

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Divorce and Estate Planning

by Christopher Small | Jan 12, 2021 | Estate Planning, Medical Power of Attorney, Power of Attorney, Trusts, Wills

Unfortunately not all marriages work out. When that happens all sorts of stuff needs to get updated, including your estate plan. Here’s the quick and dirty of what you need to think about updating, and why. FIRST, it’s important to know that if you die...

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Revocable Living Trusts Do Not Provide Asset Protection

by Christopher Small | Jan 7, 2021 | Definitions, Estate Planning, Trusts

When people think about protecting their assets they often think of trusts. We always see in the movies how super rich people doing bad things or wanting to avoid taxes create trusts to shield their assets from lawsuits and the government. There are two truths we need...

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Will a Revocable Living Trust Mess Up My Refi?

by Christopher Small | Jan 4, 2021 | Estate Planning, Real Estate, Trusts

The chances of you living in your house forever are slim. Like, very slim. A question we get asked often by our estate planning clients, either during the estate planning process, or after their estate plan is complete, is what happens if they have a revocable living...

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Do You Have to Record Your Revocable Living Trust?

by Christopher Small | Dec 29, 2020 | Estate Planning, Trusts

A question I get asked often as an estate planning attorney is whether or not one has to record their revocable living trust once it is active. It’s a great question, and one that is important as many people create revocable living trusts in order to secure some...

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Umbrella Insurance Policy Quick Tip

by Christopher Small | Dec 28, 2020 | Estate Planning, Real Estate

Umbrella policy quick tip. As an estate planning attorney I often get asked questions about asset protection. Particularly when it comes to ensuring rental homes and second homes. Should I use an asset protection trust? Should I create an LLC? For most people, those...

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The Best Christmas Gift You Can Give

by Christopher Small | Dec 23, 2020 | Estate Planning, Legacy

The best Christmas gift you can give is safety and peace of mind for you, your family, and future generations. Easiest way to do that is with an estate plan. Happy Holidays! Cheers, Christopher Small Estate Planning Attorney PS – Click here to schedule a FREE...

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Three Ways to Challenge a Will or Trust

by Christopher Small | Dec 22, 2020 | Estate Planning, Trusts, Will Contests, Wills

A common estate planning attorney question I get is “how can I make sure no one challenges my will?” I always tell everyone the same thing: “There is no way to prevent someone from challenging your will if they want to. If they have money and...

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Don’t Quitclaim Deed Your Kids Your Real Estate

by Christopher Small | Dec 17, 2020 | Estate Planning, Real Estate, Taxes

A common idea when people are thinking about estate planning is to quitclaim their home to their kids. The thinking is it will allow one to avoid probate and just make things simple. The problem, however, is that it can create a bunch of unintended problems....

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Easy Revocable Trust Banking Solution

by Christopher Small | Dec 16, 2020 | Estate Planning, Trusts

When my estate planning clients are done creating their revocable living trust I usually do two things: 1. I move all of their real estate into the trust; and 2. I counsel them to update all of their beneficiary and transfer on death designees to be the trust. This...

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Can You Hand Write Changes On Your Will?

by Christopher Small | Apr 13, 2020 | Estate Planning, Wills

Can you handwrite changes on your will? Click here to schedule a FREE strategy session with an estate planning attorney.

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Business Owners and Estate Planning – Two Considerations

by Christopher Small | Apr 9, 2020 | Business Succession, Estate Planning, Legacy

Business owners and estate planning – two considerations. Click here to schedule a FREE strategy session with an estate planning attorney.

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What is a Step-Up in Basis (and why is it important in estate planning)?

by Christopher Small | Apr 8, 2020 | Estate Planning, Real Estate, Taxes, Wealth

What is a step-up in basis (and why is it important in estate planning)? Click here to schedule a FREE strategy session with an estate planning attorney.

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What is the Generation Skipping Tax?

by Christopher Small | Mar 31, 2020 | Estate Planning, Legacy, Taxes, Trusts, Wealth, Wills

What is the generation skipping tax? Click here to schedule a FREE strategy session with an estate planning attorney.

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Don’t Forget the Final Step for Your Revocable Living Trust!

by Christopher Small | Mar 26, 2020 | Estate Planning, Real Estate, Trusts

Don’t forget the final step! Click here to schedule a FREE strategy session with an estate planning attorney.

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Should I Even Start Estate Planning Right Now Given the “Shelter at Home” Order?

by Christopher Small | Mar 23, 2020 | Estate Planning

Should I even start estate planning right now given the “shelter at home” order? Click here to schedule a FREE strategy session with an estate planning attorney.

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The WRONG Time to Create Your Estate Plan.

by Christopher Small | Mar 20, 2020 | Business Succession, Estate Planning, Guardianship, Legacy

The WRONG time to get estate planning. Click here to schedule a FREE strategy session with an estate planning attorney.

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Why is it so Hard to Create an Estate Plan?

by Christopher Small | Mar 19, 2020 | Estate Planning

Why is it so hard to create an estate plan? Click here to schedule a FREE strategy session with an estate planning attorney.

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Who Needs Estate Planning?

by Christopher Small | Mar 18, 2020 | Business Succession, Estate Planning, Legacy, Taxes, Wealth

Who needs estate planning? Click here to schedule a FREE strategy session with an estate planning attorney.

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5 Things a Revocable Living Trust Can do that a Will Cannot

by Christopher Small | Mar 17, 2020 | Estate Planning, Legacy, Real Estate, Trusts, Wealth, Wills

5 things a revocable trust can do that a Will can’t. Click here to schedule a FREE strategy session with an estate planning attorney.

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What is Probate and Why Do People Want to Avoid It?

by Christopher Small | Mar 15, 2020 | Definitions, Estate Planning, Probate

People call us to talk about Probate all the time. We are, after all estate planning and probate lawyers. Some people call hoping to avoid probate via estate planning. Some people call after a loved one has died hoping they don’t have to go through probate. But...

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