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Tag: Living Trust

16 Jul, 2015

Changes to New York Revocable Living Trusts – Trustees

From our “Ask a Question” mailbag: I formed a Revocable Living Trust to avoid New York probate and named my two sons as the co-successor trustees. It seemed a good idea at the time, but now they are not speaking to one another. Should I change the trust?

Many New Yorkers have formed Revocable Living Trusts to avoid the expensive New York probate process. For the trust to work properly, after your death, you need a successor trustee to step in to pay your final bills, taxes and to then distribute the trust assets to your heirs.

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15 Jul, 2015

Revocable Living Trusts in PA to Protect Grandchildren Inheritance

From our “Ask a Question” mailbag: How do I make sure the inheritance that I leave my daughter passes to my grandchildren at her death?

If you leave your daughter an inheritance outright, then-at her death-it will be available to satisfy any creditors or law suits she might have. It might even end up in her husband’s name, rather than passing to your grandchildren.

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31 Mar, 2015

If I have a Trust in New Jersey, do I also need a Will?

I am a resident of Atlantic County, New Jersey. If I have recently formed a Revocable Living Trust and moved all my New Jersey assets into the trust, do I still need a Will?

If the goal in forming your Revocable Living Trust was to avoid probate, then you must either transfer all your assets that would otherwise be Probate Assets into the trust during your lifetime or have them pour into the Revocable Trust at your death. That is often done by using a Payable on Death Account or naming the Trust as Beneficiary.

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27 Feb, 2015

If I have a Revocable Living Trust, Do I need a Will?

I am a resident of Burlington County, New Jersey. If I have recently formed a Revocable Living Trust and moved all my New Jersey assets into the trust, do I still need a Will?

If the goal in forming your Revocable Living Trust was to avoid probate, then you must either transfer all your assets that would otherwise be Probate Assets into the trust during your lifetime or have them pour into the Revocable Trust at your death. That is often done by using a Payable on Death Account or naming the Trust as Beneficiary.

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30 Jan, 2015

The New Jersey Pour Over Will – A Safety Net for Your Trust

I am a resident of Gloucester County, New Jersey. If I have recently formed a Revocable Living Trust and moved all my New Jersey assets into the trust, do I still need a will?

If the goal in forming your Revocable Living Trust was to avoid probate, then you must either transfer all your assets that would otherwise be Probate Assets into the trust during your lifetime or have them pour into the Revocable Trust at your death. That is often done by using a Payable on Death Account or naming the Trust as Beneficiary.

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6 Jun, 2014

What is a Trust? An Introduction

For centuries, trusts have been formed to provide safety and protection for valued assets. Recent changes in the law have made this old institution even more popular by reducing trust’s ongoing maintenance costs. You might think that only the very wealthy need the protection of a trust, but the truth is that a trust is a huge benefit to anyone having an asset in need of protection from their children’s creditors, divorce or from self-destructive beneficiaries.

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16 Apr, 2014

Does the Trustee of a Revocable Living Trust Owe a Duty to the Settlor’s Children? The Trustee’s Fiduciary Duty, The Law Develops.

Trusts are becoming an ever more common part of our lives. You are not atypical any longer if you can talk about your Irrevocable Life Insurance Trusts holding large life insurance policy on your life, or how you set up an Education Trusts to hold money earmarked for the education of generations of your family. But typically, the most likely trust that you would have is the Revocable Living Trust.

No matter what trust you form, there are three components. A Grantor who formed the trust, a Trustee who holds the asset, and the Beneficiary for whom the asset is held. In a Revocable Living Trust, the Grantor, Trustee and Beneficiary are all the same person. You form the trust, you transfer your assets to the trust and you hold them for your own benefit. For discussion about why you would form a Revocable Living Trust, please read my article Is a Revocable Living Trust Right for Me?.

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11 Mar, 2014

Is a Revocable Living Trust Right for Me?

If you are reading this Article, someone has likely told you that you need or should have a “Revocable Trust” or a “Living Trust”. In fact, you might have been told a horror story about what will happen if you do not have a Living Trust. You also might have attended a seminar where you were told that a Living Trust is a cure-all, and that for a certain dollar amount someone will draft a Revocable Living Trust for you and give it to you in a handsome, faux leather binder.

Is a Revocable Living Trust Right for you? Let me first give you some quick thoughts, then debunk some Revocable Living Trust myths and half truths. Finally, lets talk about the good things a Revocable Living Trust can do so you can deduce if the cost of setting up a Revocable Living Trust makes sense for you.

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What Our clients are saying

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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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Joseph Atencio

I've been through the process of creating and revising estate documents several times over the years and it's never been easier than it was with Peter Klenk. Always available and a master at explain arcane tax and legal issues in plain English for "dummies". I recommend the firm without reservation.

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PJ Gorenc

The Klenk Law team was a pleasure to deal with! Peter was responsive and helpful, and took good care of our needs!

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Jeff Bretz

Both Melissa and I thank Jackie and Daniella, and your firm for excellence in the handling of Mary's estate!!!

We look forward to working with you in the future on other family estate matters.

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Michelle Schamis

Peter explains things in a practical way to help guide you through a rather daunting process. We have been using Klenk Law for years. Highly recommend.

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