Life Estate 101

What is a life estate? The term “life estate” refers to property that is owned by an individual only through the duration of his or her lifetime. Therefore, it’s always for an indefinite period of time.   We usually encounter life estates when dealing with real estate. When you have a life estate, you are called the “life tenant.” For example, you can sell or give your home to your children, but retain a “life estate”, thereby reserving the right to live in, use, enjoy and control the home until you die. Your children would be called the “remaindermen.” Why would I want a life estate? Probate Avoidance: A life estate is a way to pass your home to your children or other beneficiaries without going through probate. If you own a home and the title is in your name alone at death, it will have to go through probate. Keep

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Three Liability Planning Tips for Physicians

The practice of medicine is a profession fraught with liability. It’s not just medical malpractice claims either – employment related issues (wrongful termination, sexual harassment, and discrimination), careless business partners and employees, and contractual obligations (personal guarantees, leases, business agreements, etc.) add to the increased risk assumed by a physician in private practice. Couple these practice-related liabilities with personal liabilities (divorce, vehicular accidents, rental real estate), and it is clear that your physician clients need to protect themselves from more than just professional negligence claims. In this issue you will learn: Types of insurance physicians should have in place; State exemptions that protect certain types of assets from the claims of creditors; and The role of business entities in liability planning for physicians. Tip #1 – Insurance is the First Line of Defense Against Liability Liability insurance is the first line of defense physicians should use to protect themselves. Liability

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How Clients Can Easily Integrate Asset Protection Trusts into Their Estate Plans

Protecting assets against loss has become a common goal of estate planning.  Asset protection trusts come in many different forms and can be used to protect property for the use and benefit of clients as well as their families and other beneficiaries.  In this issue you will learn how clients can easily integrate asset protection trusts into their estate plans. What Is an Asset Protection Trust? An asset protection trust is a special type of irrevocable trust in which the trust funds are held and invested by the Trustee and are only distributed on a discretionary basis.  The purpose of an asset protection trust is to keep the trust assets secure for the beneficiaries instead of being exposed to loss to the beneficiary’s creditors, in a divorce, or to predators. Asset protection trusts come in two forms:  third party trusts and self-settled trusts.  A third party trust is set up

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It’s Not Just Death and Taxes

Clients Need an Incapacity Plan that Works When It’s Needed. Estate planning is not only about having a plan in place to deal with what happens after a client’s death, it is also about having a plan in place to deal with what happens if a client becomes mentally incapacitated. In this issue you will learn: What happens without an incapacity plan. The essential documents for managing finances during incapacity. The essential documents for making health care decisions during incapacity. How to choose the right person for managing finances and making health care decisions during incapacity. The importance of keeping an incapacity plan up to date. If you have any questions about incapacity planning or have a client who needs to make or update their incapacity documents, please call our office now. Court-Supervised Guardianship or Conservatorship: How to Lose Time, Money, and Control During Incapacity Mental incapacity caused by an

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Managing the Probate Process Through Careful Planning

By Eric P. Rothenberg, Esq. – We all work hard throughout our lives with the expectation we will be able to leave an estate to our children and heirs. Too often however, we fail to take the necessary steps to preserve our wealth and our heirs are left to deal with Massachusetts probate. Fortunately, the Massachusetts law regarding probate has been simplified over the last few years, but there are still some steps you can take to ensure your assets are divided up per your wishes and avoid probate. Your retirement accounts Fortunately, most financial institutions require retirement account owners to specify a beneficiary when they open their accounts. However, you may find it to be more flexible to have your estate be named and not necessarily your spouse or children because inherited retirement accounts are taxed to the recipients as income even though they go through your estate and

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