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Apr
When you want to say “No Thank You”
What is a disclaimer? A “disclaimer” is a legal no thank you. It is an irrevocable and unqualified refusal to accept an interest in property. The effect of a disclaimer is as if no transfer was made to or from the person making the disclaimer. Most states have statutes that allo...
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Apr
Estate Planning Document Organizer
Make preparations now to keep family and loved ones secure when you are no longer here! Have you ever seen estate planning documents that are in fancy docket covers, folded up and placed in a bank safety deposit box for safekeeping? We see them all the time. We often joke that th...
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Apr
An Overview of Trusts and What it Means to be a Trustee
What is a trust and what are the powers, duties, and potential liabilities for serving as a trustee of a trust? A trust is a fiduciary relationship with respect to property in which one person (the trustee) holds the legal title to trust property for the benefit of another person...
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Apr
Keeping Beneficiaries “Happy” Leads to Punitive Damage Award
In April 2017, I was made aware of a case arising out of Mississippi where a corporate trustee was the trustee of a trust left for the benefit of a widow. The case discussed at length how far the trustee went to conceal from the trust beneficiary the fact that the trust corpus wa...
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Apr
2017 Brings Big Changes for Captive Insurance Owners: The PATH Act Diversification Tests for Section 831(b) Captive Insurance Companies
In 2015, Congress passed the PATH Act, enacting substantial changes to the law governing captive insurance companies, Internal Revenue Code Section 831(b). This article briefly discusses how those changes affect the use of captives in combination with certain estate planning te...
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Apr
The Many Pieces of Resting in Peace
For many people, end of life planning means having a good will and a better prayer. Some may also think about doing a trust, healthcare power of attorney, living will, long term care planning and even talking things over with family. But many people fail to think about funeral a...
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Apr
Video Series: Successful Successor Trustee Workshop – Part 1, Overview
Part one of the Successful Successor Trustee Workshop, provided by Strauss Attorneys PLLC law firm in Asheville, NC. Learn about the law, documents, and fiduciary roles when it comes to being a successful trustee. We want prepare you for performing the roles and duties of trustee...
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Apr
28
Apr
Video Series: Successful Successor Trustee Workshop – Part 3, After Death of Trustmaker
Part three of the Successful Successor Trustee Workshop, provided by Strauss Attorneys PLLC. law firm in Asheville, NC. Here we discuss the role of trustee after someone has died and educate you about the law, documents, and fiduciary roles when it comes to being a successful tru...
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Apr
Video Series: Successful Successor Trustee Workshop – Part 4, Asset Handling
Part four of the Successful Successor Trustee Workshop, provided by Strauss Attorneys PLLC. law firm in Asheville, NC. Here we cover how to handle different types of assets and estate and educate you about the law, documents, and fiduciary roles when it comes to being a successor...
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