From Our “Ask a Question” mailbag: “I am setting up a Special Needs Trust for my son in my Will. I am trying to decide if I should pick my daughter or a bank as the Special Needs Trust Trustee. Who should I pick as the Special Needs Trust Trustee?”
From Our “Ask a Question” mailbag: “My father at his death gave my brother, and I equal amounts. My brother got life insurance, and I got the house and cash. The Will says the residue pays all taxes. Do we split the New Jersey Estate Tax on life insurance?
From Our “Ask a Question” mailbag: “I have been diagnosed with early stage Alzheimers. I have heard that setting up an “unfunded trust” for long-term care might be a good idea. What is an unfunded trust and how is a trustthat is unfunded useful?”
When planning for Alzheimers, the term “unfunded trust” refers to a Revocable Living Trust which you set up but in which you currently put no assets. Because it is currently not “funded” with any assets, we call it an “unfunded trust.”
From Our “Ask a Question” mailbag: Life Insurance is a Non-Probate Asset, Unaffected by You Will:
“My sister went to jail, so mother changed her Will and gave me the entire estate. She forgot to remove my sister from her life insurance. Now I hear life insurance is a Non-Probate Asset. Who gets the life insurance?”
From Our “Ask a Question” mailbag: “I have heard stories about Power of Attorney abuse and theft. So, where do I keep my Power of Attorney?”
Power of Attorney abuse is a real problem. A typical durable general power of attorney gives your “Agent” the authority to access your accounts and sell your assets. These capabilities are essential so your Agent can take care of you. But, they are also powers that can lead to theft and fraud.
From Our “Ask a Question” mailbag:” Do I pay probate fees on real property located outside of Pennsylvania? Do I even list it on the Register of Wills’ Inventory? I am the executor of my mother’s estate in Philadelphia. She died owning a New Jersey shore home. Do I list this on the Philadelphia Register of Wills’ Inventory and then pay a probate fee?
From Our “Ask a Question” mailbag: How do I disinherit my son? “My son is good for nothing bum, and I want to cut him out of my will. Can you tell me how to disinherit my son from my entire estate? I live in Cherry Hill, New Jersey.”
Ask a Question” mailbag: Isn’t it true that theft from estate disqualifies beneficiary from inheriting from that estate? “As the executor of my mother’s estate I was able to prove that my brother stole from my mom. The judge ordered him to return the money. My mother’s Willdivides the assets between all the children equally. Is my brother disqualified from inheriting his share?”
From Our “Ask a Question” mailbag: “What is a Spousal Limited Access Trust?”
A Spousal Lifetime Access Trust, or SLAT, holds and shelters your gifts for your spouse’s benefit.
From Our “Ask a Question” mailbag: “My Uncle died 4 months ago in Burlington County, New Jersey. I am in the Will. How long does it take to get an Inheritance?”
The time it takes to get an inheritance can vary widely between estates in New Jersey. Many factors that can impact a Personal Representative. The concern I have is that the Personal Representative is not adequately communicating his or her plan of action. An Executor or Personal Representative should clearly communicate to you an estimate of when you are receiving your inheritance.
