Blog Posts in July, 2015 Posted By Hannah Sargent 31-Jul-2015 "5 Ways to Get in Trouble as a Successor Trustee" I recently published an article on Avvo titled "5 Ways to Get in Trouble as a Successor Trustee." The full article can be viewed here. In my article, I outlined five things you should not do as a successor trustee. They are as follows: ... Continue Reading Posted By Hannah Sargent 31-Jul-2015 Why You Probably Don't Need an A/B Trust Anymore Under recent laws passed by Congress – effective 2011 and made permanent in 2013 – spouses now have “portability” of their federal estate tax exemption. This means that the unused portion of one spouse’s exemption can be ... Continue Reading Posted By Hannah Sargent 30-Jul-2015 Can I Keep My Home If There Is No Cash in the Estate and Creditors Seeking Payment? You have no cash in your estate and creditors are coming after you and your home for payments. It is a horrible situation that people down on their luck have to face each and every day. The feeling of losing it all can cause sleepless nights and ... Continue Reading Posted By Sargent Law Offices 29-Jul-2015 Issues That May Arise When You Die Without a Will As mentioned in our previous blog, dying without a will is called dying “intestate.” Below, we’ll discuss key elements of intestate succession laws that are important to consider, especially if you are the executor for someone who ... Continue Reading Posted By Hannah Sargent 27-Jul-2015 Choosing the Best Special Needs Trust for Your Circumstances A special needs trust is an excellent way for parents or caregivers to make sure that a loved one with disabilities will be well provided for even after the caregiver’s death. One of the most helpful features of a special needs trust is that it ... Continue Reading Posted By Sargent Law Offices 22-Jul-2015 Gaining Increased Control over Your Marital Trust Property Oftentimes married couples would like more control over how their trust property is distributed after their death. This may occur if a couple enters into a second or third marriage later in life, but has children from previous marriages. The trust ... Continue Reading Posted By Sargent Law Offices 20-Jul-2015 Supreme Court Decisions Brings Tax and Inheritance Benefits to Same-Sex Marriages In Obergefell v. Hodges, the Supreme Court ruled that the Fourteenth Amendment requires that all states license and recognize same-sex marriages. This decision requires that all married couples are treated equally under Federal and State law. Many ... Continue Reading Posted By Sargent Law Offices 16-Jul-2015 Living Wills & Advance Health Care Directives: What are They? Living wills and advance health care directives are legal documents that provide instructions for your medical care in the event you are unable to make those decisions for yourself (typically in the context of terminal illness, serious injury, coma, ... Continue Reading Posted By Hannah Sargent 15-Jul-2015 Planning for Incapacity Although it is very unpleasant to contemplate being incapacitated, whether through gradual illness or sudden tragedy, it is a great gift to our loved ones to prepare for such an event. If you do not make appropriate end-of-life decisions ahead of ... Continue Reading Posted By Hannah Sargent 9-Jul-2015 Will I Need to Pay Estate Taxes? Often people are worried about paying estate taxes upon death and the burden that this will have on their finances. Few people, however, will actually be wealthy enough to owe such taxes, especially given certain IRS exemptions and deductions. In ... Continue Reading Posted By Hannah Sargent 7-Jul-2015 What is a Durable Power of Attorney for Finance? A durable power of attorney for finance is a legal document that gives another person authority to conduct your finances on your behalf. That person is often referred to as an “agent” or “attorney-in-fact.” Having a durable ... Continue Reading