Probate Attorney Blog

We all know we need to do it—create a will, set up a power of attorney, maybe even establish a trust. Yet too many people hesitate. Why? For some, it’s a superstition. They worry that making an estate plan somehow invites misfortune. Let me be clear: creating an estate plan does not make you die faster. It doesn’t bring bad luck. And it certainly doesn’t trigger some cosmic countdown. Estate Planning Is Just Responsible Preparation Think about it this way:…

When most people think about estate planning, they immediately focus on wills and trusts. While those documents are certainly important, I believe the most critical pieces of any estate plan are the power of attorney and the medical power of attorney. Yes, it’s wonderful to take care of your family, create a legacy, and plan to minimize taxes. But just as important—if not more so—is making sure you are taken care of while you’re alive. That’s exactly what powers of…

Buying a house without your name on the deed can be done legally and strategically by using a trust. This approach can give you privacy, control, and a clear plan for what happens to the property after you pass away. Here’s how it works and why it may be the best way to protect your interests. Why You Might Want to Avoid Putting a House in Someone Else’s Name I recently spoke with a potential client who gave his daughter…

A living trust is one of the most powerful tools in estate planning—but only if it’s set up and maintained correctly. Unfortunately, I see people make the same avoidable mistakes over and over again. If you want your trust to do what it’s supposed to—protect your legacy, minimize probate, and provide a smooth transfer of assets—these are three pitfalls you need to watch out for. 1. Not Funding the Trust Properly Creating a trust is just the first step. If…

When parents want to hand over their home to their kids, it might seem like a straightforward gift. But in reality, this common move can trigger huge tax consequences and other headaches if you don’t plan carefully. Here’s what I recommend instead—because the wealthy handle property transfers smartly. The Problem with Simply Giving the House Imagine this scenario: your parent bought a house 50 years ago for $200,000. Today, it’s worth $1.2 million. Sounds great, right? But here’s the catch:…

In recent years, I’ve seen a surge in people trying to get “clever” with their estate plans—using complicated setups like having a trust own an LLC or corporation in ways that don’t make legal or financial sense. Here’s the truth: if you’re still thinking that your trust should own an LLC just for asset protection or tax savings, it’s time to stop and reconsider. Let me explain why. The Myth of the Trust-Owned LLC Some people are led to believe…

Happy Sunday! Today I wanted to talk about something I’m seeing all over TikTok (yes, I’m on TikTok – we post a lot of content there) – the non-grantor irrevocable discretionary complex spendthrift trust. The people talking about these types of trusts claim when you create one they will give you asset protection and allow you to pay ZERO income taxes. When they set this up for you they also want to create a series of LLCs in different states….