Question: Would successor trustee powers for financial and health management on incapacitation of primary trustee in a revocable trust obviate the need for a springing power of attorney when the [...]
Question: Can a legal guardian of an elderly parent still appoint himself as a durable power of attorney to sell a property without a court’s permission? Then withdraw the guardianship [...]
Question: If I have a revocable trust (funded) with incapacity provisions, and pour over will in place, why would I need a power of attorney springing only in case of incapacity? Response: Good [...]
Question: My mother is 90 years old and in good health but never planned for leaving this earth. She is a single woman and I am her daughter. She owes $23,000 on her home and lives off of Social [...]
Question: If I transfer real estate into a regular trust, does it constitute a sale and result in capital gain tax and property basis step-up? What if I transfer it to a nominee trust? Response: [...]
Question: I’m single, age 71, with no one able or capable to serve as my agent under a durable power of attorney. My concern is what happens if I become mentally incapacitated. I have [...]
Question: I am working on estate planning and have varying opinions on how to handle my property. I moved into an affordable 55+ co-op that is owned by a non-profit. I own a share in the [...]
In principle, a trust document can be as short as this: I, Hillary, hereby create this trust as grantor and trustee. If I ever become incapacitated or upon my death, my husband, Bill, will step [...]
Over my decades of practice, I have become a strong proponent of revocable trusts as a means to avoid probate and, more importantly, to provide for asset management in the event of incapacity. [...]
