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Answers to your estate planning questions so you can take care of your family and yourself. Answers to your estate planning questions so you can take care of your family and yourself. Answers to your estate planning questions so you can take care of your family and yourself.
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Archives

Tag Archives for: "trusts"
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 If I Spend My Winters in Florida Should I have Separate Florida Estate Planning Documents?
0
By Harry Margolis
In Durable Powers of Attorney, Health Care Directives
Posted January 18, 2019

If I Spend My Winters in Florida Should I have Separate Florida Estate Planning Documents?

Question: If I spend my winters in Florida, should I have separate Florida estate planning documents? Response: As with many responses to legal questions, the answer is yes and no—one being the [...]

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 Can a Neglectful Trustee be Denied his Fees?
0
By Harry Margolis
In Revocable Trusts, Trustee
Posted January 4, 2019

Can a Neglectful Trustee be Denied his Fees?

Question: Can a family member trustee be denied some or all of his fee for refusing to administer the trust as put forth in the trust document? As well as neglecting ALL fiduciary duties that he [...]

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 What Can We Do About Self-Dealing Trustee?
2
By Harry Margolis
In Irrevocable Trusts, Trustee
Posted December 21, 2018

What Can We Do About Self-Dealing Trustee?

Question: My grandmother left a trust and will when she passed. My father is in charge of the trust finances and real estate. The will states that he cannot sell the property in the trust, but he [...]

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 What is the Tax Treatment of Trustee Fees?
0
By Harry Margolis
In Revocable Trusts, Trustee
Posted December 21, 2018

What is the Tax Treatment of Trustee Fees?

Question: Does the trustee of an irrevocable trust pay income tax on the fee they charge the trust? Would that fee then be a deduction from trust income? Response: Yes on both counts. Fees earned [...]

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 When are Trustee Fees Paid?
21
By Harry Margolis
In Revocable Trusts, Trustee
Posted September 14, 2018

When are Trustee Fees Paid?

Question: When are trustee fees normally paid? (i.e. end of year, beginning of year, prorated monthly?) Response: There’s no hard and fast rule, but often trustee fees are paid [...]

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 Can We Combine Two Special Needs Trusts for My Sister?
0
By Harry Margolis
In Revocable Trusts, Special Needs Planning
Posted July 6, 2018

Can We Combine Two Special Needs Trusts for My Sister?

Question: Upon mom’s death, her will created a special needs trust for my sister. Now, our dad has passed and his trust created a special needs trust for the same sister. Do we have to have [...]

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 What Can a Remainder Beneficiary Do If the Trustee is Overspending?
0
By Harry Margolis
In Special Needs Planning, Trustee
Posted March 9, 2018

What Can a Remainder Beneficiary Do If the Trustee is Overspending?

Question: I am a remainder beneficiary of an irrevocable trust that was set up for my younger brother with cerebral palsy. The trustee is not keeping my best interests in mind at all. He is [...]

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0
By Harry Margolis
In Long-Term Care Planning, Social Security
Posted March 9, 2018

Will Discretionary Trust Without HEMS Standard Affect Brother’s Eligibility for Medicaid?

Question: I am trustee for a trust that my parents set up for my brother. The trust gives me total discretion as to when and how much to distribute to him without a HEMS standard. There is no [...]

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 Why Are Legal Documents So Long and So Redundant?
0
By Harry Margolis
In Wills
Posted August 29, 2017

Why Are Legal Documents So Long and So Redundant?

Have you ever wondered why legal documents are so long and why they contain so much gobbledygook? For instance why are wills called “Last Will and Testament” rather than simply [...]

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Categories
  • Asset Protection (34)
  • Charitable Giving (10)
  • Durable Powers of Attorney (44)
  • Estate and Gift Taxes (56)
  • Guardianship and Conservatorship (5)
  • Health Care Directives (13)
  • Irrevocable Trusts (52)
  • Long-Term Care Planning (173)
  • Non-Traditional Families (16)
  • Non-US Citizens (27)
  • Pets (4)
  • Practical Matters (15)
  • Probate (38)
  • Property in Other Countries (5)
  • Real Estate (69)
  • Retirement Plans (19)
  • Revocable Trusts (102)
  • Second Marriages (11)
  • Social Security (18)
  • Special Needs Planning (70)
  • Trustee (52)
  • Vacation Homes (3)
  • Wills (50)
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