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Tag: Estate Planning Attorney

What Is An Unfunded Trust?

Posted on Fri Sep 9, 2016, on Revocable Trusts and Living Trusts

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.”

Klenk Law

Power-of-Attorney-Abuse

Power of Attorney Abuse

Posted on Wed Sep 7, 2016, on Power of Attorney

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.

Klenk Law

Power of Attorney Gifting Powers Could Leave You Penniless

Posted on Wed Aug 10, 2016, on Power of Attorney

Ask a Question” mailbag: “Can my son use my power of attorney to give away all my property?”

A Durable Power of Attorney gives your “Agent” the right to make financial decisions on your behalf during your lifetime. Each power of attorney can be unique. I need to examine your actual document to answer the question, can your son use that particular document to legally make gifts to himself, but here are some facts. A durable power of attorney can give your son the right to make unlimited gifts. In other words, your Power of Attorney could allow your son to legally leave you penniless.

Klenk Law

IRA-trust

An IRA Trust Can Ensure Your Estate Passes Only To Direct Descendants

Posted on Thu Jul 7, 2016, on IRA Trust

The IRA Trust, An Underutilized Estate Planning Tool.

To ensure that your money passes on only to your direct descendants, consider forming an IRA Trust.

All qualified plans (IRA, Roths, 401ks, SEPs, TIAA-CREF, etc.) allow you to name a beneficiary to receive the plan at your death. But, if this person is your child, they will have the chance to defer income tax recognition by converting the plan into an “Inherited IRA”. BUT, with an “Inherited IRA” your child, not you, has the ability to name a beneficiary. And it is likely this beneficiary will be your daughter-in-law or son-in-law rather than your grandchildren.

Klenk Law

What Type of Life Insurance Policy is Best For My Estate Plan?

Posted on Thu Jun 30, 2016, on Life Insurance

Ask a Question” mailbag: I need life insurance as part of my estate plan to cover the cost of my son’s college tuition and pay off the mortgage. What policy best fits my needs?

First, focus on the reasons for why you are purchasing life insurance. Life insurance is an excellent Estate Planningtool, but only if you are clear as to its purpose.

Klenk Law

What Our clients are saying

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Keith Austin

The Klenk team smoothly helped my family with the often thick and cumbersome estate planning documents. We would recommend them for this type of work! Thank you, Klenk Law!

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Javier Suarez

The whole process of ensuring that I can provide my mother her wishes upon her death, was made easy by working with the team at Klenk Law. I received my documents quickly and properly.

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Kate Parghi

Wonderful Experience working with the team

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Cathy Goodwin

Very friendly and easy to work with - definitely a better experience than I've had with other lawyers! Peter is very detailed and thorough. I've worked on previous versions of my will with other lawyers, and he pointed out things they'd never mentioned. Fast turnaround and very responsive to emails and phone calls.

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Alex Mangas

Extremely professional services with courteous, responsive communication. Would recommend to anyone.

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