Blog & Resources

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: Can a non-citizen spouse inherit land from me, a US citizen, even while a non-resident? My wife lives in India, but I have property in my name here in the United States.

From our “Ask a Question” mailbag addresses providing protection from scams.

“My mother is having trouble managing her finances, and I discovered she wrote a check to some person who called her on the phone. It wasn’t much, but she was confused and in the future might get scammed out of a large sum by some telemarketer or criminal. She needs protection from scams. Can a revocable living trust or an Irrevocable Trusthelp protect her?”

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.

From our “Ask a Question” mailbag: My CPA told me that I should form a trust to help the save federal estate tax payable at my death. I think he may have called it a Revocable Living Trust. Is that good advice?

From our “Ask a Question” mailbag: My father has been diagnosed with the beginning stages of Alzheimer’s. He is having some memory issues, but is still doing very well on his own with one exception. My brother has always been the black sheep of the family. He has never held a steady job. He recently declared bankruptcy and has been pressuring my father to give him money and to change his will to give my brother more money. My father and my deceased mother’s wills have always divided their estate equally between the four children. My father has told me that he does not want to change his will, but that he is worried that as the Alzheimer’s progresses, he may give into the pressure my brother is putting on him. How do I protect my father from my brother’s undue influence?

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

If your daughter marries her fiancé without a prenuptial agreement, and commingles with her husband’s assets what she inherits from you, then—in a divorce—she may lose a share or all of her inheritance. Further, if she dies after receiving the inheritance, she may give all of her inheritance to her husband who is free to then leave those assets as he sees fit at his death.

From our “Ask a Question” mailbag: My father has reached the age where he has become trusting to a fault. He was called by an unscrupulous telemarketer and fleeced out of several thousand dollars. I am worried that his number will now be passed around to other criminals and he will write more checks. How do I protect my dad from criminal telemarketers?

Your suspicions are right—once your dad’s recognized as a potential “mark” among the criminal community, he could become a target for scammers who pretend to be calling him on your behalf, asking for payments toward funeral expenses, emergency medical bills, or sweepstakes prize processing fees. According to the FBI, your father likely shares traits that were common among his generation — raised to be polite and trusting, and often reluctant to hang up the phone even if they suspect a scam.

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.

From our “Ask a Question” mailbag: I am worried about having someone sue me in the future and would like to shelter my assets from creditors. I have read about Irrevocable Trusts and Revocable Trusts, do they both help avoid creditors and lawsuits?

A Revocable Living Trust is a wonderful tool with many uses, but it does nothing to help you avoid your creditors. Because a Revocable Living Trust is “Revocable.” That means you can take the assets back into your name at any time. Because you can take the assets back, any future creditor you have or any future lawsuit judgement against you can be enforced against the trust.