Klenk Law

Category: Trusts

Can a Trust Help Avoid Probate?

Posted on Thu Jan 28, 2016, on Trusts

From our “Ask a Question” mailbag: I have been reading about trusts to avoid probate. Can a trust help my estate avoid probate?

Trusts come in all shapes and sizes and can help you meet many different goals. If your goal is to avoid probate, you could use a Revocable Living Trust, or you could use any number of different Irrevocable Trusts. Both categories help your estate avoid probate.

Should I consider an ILIT (irrevocable life insurance trust)? What are the benefits?

Posted on Tue Dec 15, 2015, on Trusts

From our “Ask a Question” mailbag: My wife’s and my estates are worth about $3,000,000, including a one million dollar life insurance policy on my life. At my death, my wife will receive the benefits from that policy. Upon both of our deaths, our assets pass to my son. Now that the federal estate taxexemption is over five million dollars, does an Irrevocable Life Insurance Trust provide me any benefit?

Which kind of trust is the best to avoid probate in New Jersey?

Posted on Sun Oct 18, 2015, on Trusts

From our “Ask a Question” mailbag: There seem to be many different types of trusts. Which one is the best to avoid probate?

Trusts are very flexible estate planning tools. They can be used to avoid creditors, shelter assets from divorce, reduce taxes, and to avoid probate. To avoid probate in New Jersey, you could use a Revocable Living Trust or you could use any number of different Irrevocable Trusts.

How do I protect my collection of Curt Schilling memorabilia from my new wife?

Posted on Fri Oct 16, 2015, on Trusts

From our “Ask a Question” mailbag: I have a collection of Curt Schilling memorabilia that I have been gathering since he started pitching for the Phillies in 1992. It is worth some money, but is mostly something that my son and I have shared together and is near to our hearts. I am remarrying soon and I am worried that — should I die — this collection will become a problem between my wife and my son. I would give the collection to my son now, but he has no place to keep it yet. Any suggestions?

You are right to worry about the impact a second marriage can have on the children from your first marriage. No matter how well they get along, after you die there are going to be opportunities for conflict between your second wife and your children.

Protecting New Jersey Inheritance from Potential Ex-Spouse Claims

Posted on Tue Oct 13, 2015, on Trusts

From our “Ask a Question” mailbag: What if my son-in-law refuses to sign a prenuptial agreement? Can he claim a share of what I leave my daughter?

If your daughter marries without a prenuptial agreement, then commingles what she inherits from you with her husband’s assets, then she may well lose some or all of that inheritance after a divorce. Further, when she dies, she may well leave all of her inheritance to her husband, who is then free to leave those assets as he sees fit at his death.

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