Podcasts about testamentary

In this episode, Lieze-Marie Brink and Jacques Van Niekerk from the Investec Tax and Fiduciary team dive into the critical aspects of wills and estate planning in South Africa. They explore why having a will is essential, especially in ensuring your assets are distributed according to your wishes, and the importance of establishing trusts. Jump to topics of interest: 00:00 Introduction 01:00 Marriage and wills in South Africa 02:50 Life partnerships and wills 03:30 Divorce and wills 04:30 Estate planning after having children 05:30 Testamentary trusts and risk 09:00 Laws of intestate succession 10:30 Adding failing provisions to your will 12:30 The value of trusts and wills 15:00 Do you need an offshore will for offshore assets? 16:00 Example: UK-based investment 17:00 Example: Property ownership in France (forced heirship laws) 20:00 What happens if your beneficiaries move abroad? Listen to the whole Everything Counts series · Investec Focus Radio SA

Trusts serve as highly adaptable arrangements for managing and distributing assets, both during a settlor's lifetime and after death. This lecture opens by outlining the five key elements that define a valid trust. First, there must be a capable settlor who consciously decides to create a trust and who possesses the requisite capacity to execute that decision. Second, the instrument must name a trustee (or provide a method to appoint one) who holds legal title to the property and administers it according to the trust's instructions. Third, the trust must identify at least one beneficiary – or, in the case of a charitable trust, a recognized charitable or public purpose – to receive equitable title or economic benefit. Fourth, the settlor's intent should be clear and immediate, signifying that they are presently establishing a legally binding arrangement rather than simply voicing aspirations or making incomplete plans. Finally, the trust requires an identifiable corpus, or property to be placed under the trustee's control; without property, the trust remains a mere concept rather than an enforceable structure.Once formed, trusts can adopt different forms, often divided along two main axes. One distinction separates revocable trusts from irrevocable trusts. Revocable (or “living”) trusts allow the settlor to amend or revoke them at will, preserving near-total control and simplifying estate administration upon incapacity or death. Still, assets in a revocable trust usually remain in the settlor's taxable estate and are vulnerable to the settlor's creditors. Irrevocable trusts, on the other hand, prevent the settlor from freely altering or dissolving them once created. Although the settlor relinquishes significant control, irrevocable trusts can achieve tax advantages, creditor protection, or wealth preservation across multiple generations. A second axis differentiates testamentary trusts, which arise from a will at the testator's death, from inter vivos trusts, which operate during the settlor's life. Testamentary trusts offer post-death oversight but require the will's probate first. Inter vivos trusts, whether revocable or irrevocable, spring into force immediately upon execution and funding.Trustees function as fiduciaries, bound by strict obligations. The duty of loyalty demands unwavering focus on the beneficiaries' interests, outlawing self-dealing or hidden conflicts of interest unless expressly permitted by the trust or agreed to by all beneficiaries. The duty of prudence compels the trustee to invest and manage assets as a cautious, skillful investor, aligning with any directions set by the settlor and adhering to recognized standards like the prudent investor rule. Trustees must also maintain impartiality when beneficiaries' interests differ, such as balancing income generation for one beneficiary against principal preservation for another. Clear recordkeeping and transparency constitute further requirements: trustees typically owe beneficiaries regular reports or accountings, ensuring the beneficiaries can monitor the trust's administration.If a trustee fails to observe these duties, beneficiaries may pursue remedies that include removal of the trustee, surcharging the trustee for any losses incurred by improper management, or rescinding certain transactions tainted by conflicts. Courts often order trustees to return illicit profits if the trustee exploited trust property. Although trust instruments can incorporate exculpatory clauses to shield a trustee from ordinary negligence, no trustee can be relieved of liability for willful misconduct, fraud, or brazen self-dealing. These rules confirm the profound seriousness of the trustee's role. By adhering to fiduciary norms of loyalty, prudence, and impartiality, trustees uphold the trust's purpose: ensuring that assets, once entrusted, are safeguarded and used as intended, whether that goal is straightforward estate planning, long-term wealth transfer, charitable givi

In this podcast, Jonathan Kappy and Ruth Aruliah discuss the Saskatchewan case of Haines v Kuffner Estate, which explored whether the proposed will was a valid testamentary document despite it not being executed in complete compliance with the formal requirements of The Wills Act and whether the same outcome would occur if this were done in Ontario.

This lecture introduces the fundamental purpose of a will within the context of trusts and estates law. It explains that a will is a legally binding document outlining how a person's assets should be distributed after their death, covering aspects like property inheritance, guardianship of minors, and executor selection. The lecture contrasts this with intestacy laws, which dictate asset distribution when someone dies without a valid will, often following a predefined order of relatives. It highlights the importance of creating a will to ensure personal wishes are honored, potential conflicts are avoided, and specific needs, such as those of blended families or charitable intentions, are addressed. The lecture also touches upon the formal requirements for creating a valid will, including signatures and witnesses, and briefly discusses alternative forms like holographic and nuncupative wills. Finally, it notes the interaction between wills and other estate planning tools, such as beneficiary designations, and the role of probate in validating wills and administering estates.The fundamental purpose of a will is to serve as a legally enforceable declaration by an individual (testator) instructing how their assets should be distributed after their death. It can address the inheritance of personal items, the naming of guardians for minor children, and funeral or burial requests, ensuring the testator's wishes are followed.Generally, a valid will requires the testator to sign the document in the presence of witnesses, who also sign to attest that they observed the testator's voluntary execution. These formalities are crucial to prevent fraud and ensure the document reflects the testator's true intentions as their final instructions.Testamentary capacity refers to the testator's mental ability at the time of will creation to understand they are making a will, the nature and extent of their property, and who their natural beneficiaries would be. This is vital for validity, ensuring the testator comprehends the significance of disposing of their assets after death and is not subject to undue influence.A holographic will is written entirely in the testator's handwriting and often lacks witnesses, while a nuncupative will is an oral will, typically only valid in very limited circumstances like imminent death and requiring neutral witnesses. Courts treat them cautiously due to the increased risk of fraud or misunderstanding in the absence of formal execution procedures.If a person dies intestate (without a valid will), state intestacy laws dictate how their estate will be distributed based on a predetermined hierarchy of relatives, starting with a surviving spouse and children, then parents, siblings, and so on. This statutory scheme aims to approximate what most people might want but may not reflect the decedent's specific desires.For example, if a person lives with a long-term partner but is not legally married and dies without a will, the partner may receive nothing under intestacy laws, with the estate potentially going to more distant or estranged blood relatives. This highlights how intestacy can disregard close personal relationships in favor of legal or familial ties.Creating a will is especially important for individuals with minor children because it allows them to nominate a guardian to care for their children if neither parent survives or is capable. Without this designation, courts would have to decide who is best suited, potentially leading to disputes or placement with someone the decedent would not have chosen.Assets that pass through a will are typically those solely owned by the decedent without a beneficiary designation (probate assets). Assets that pass outside the will include life insurance proceeds, retirement accounts with named beneficiaries, and jointly held property with right of survivorship, which transfer directly to the designated individuals upon death.

Attorney Todd Whatley addresses the critical components of trust management and highlights common trust mistakes that attorneys should help clients avoid. He provides insight into how elder law attorneys can differentiate themselves from DIY solutions and financial advisors attempting to provide estate planning.• DIY estate planning services and financial advisors are aggressively targeting clients, claiming lawyers aren't necessary• Trust documents need specialized language to handle incapacity periods before death, not just asset transfers after death• Testamentary trusts provide significant protection from bankruptcy, divorce, and lawsuits for beneficiaries• The biggest mistake in trust planning is failure to fund the trust by properly titling assets• Multiple co-trustees often create family conflict; consider recommending corporate trustees instead• Careful trustee selection is critical for proper trust administration• Trustees have fiduciary duties and should maintain detailed records and communication• Attorneys should avoid amending other professionals' trust documents due to malpractice concerns• Regular trust reviews (every five years) are essential as family situations and laws changeFor more information about Todd's elder law coaching services, visit theelderlawcoach.com to schedule a free consultation call.Information to help you answer all of your questions about aging.

In this episode of Estate of the Union, Brad Wiewel sits down to talk about the rules and benefits of testamentary charitable remainder trusts, which allows a portion of a person's wealth to go to charity. This podcast is brought to you by ⁠Texas Trust Law⁠. ___________________________________________________Learn more: ⁠https://www.texastrustlaw.com/about-austin-estate-⁠⁠planning-law-firm/⁠⁠Resources: https://www.texastrustlaw.com/read-our-books/⁠Contact us: info@texastrustlaw.com

NOTICE BY EXECUTRIXIN THE ESTATE OF TRAVISKELLEY, DECEASEDLetters of Testamentary of saiddecedent having been granted tothe undersigned on the 10th day ofSeptember, 2024, by Valerie BradfordDavis, Judge of the Probate Courtof Clarke County, in the State ofAlabama. Notice is hereby given thatall parties having claims against thesaid estate must present the samewithin the time required by law or theywill be barred.John Steven Kelley, ExecutorC. Daryl DrinkardWilson, Drinkard & Drinkard LLCAttorney for ExecutorP. O. Box 99Grove Hill, Alabama 36451(251)275-3221Article Link

Probate Timeline: Receiving Your Letters Testamentary Thanks for watching! Please like and subscribe for more information about estate planning and probate in Texas. If you have questions about this or anything else related to probate, and you want to talk with us, over the phone, for free, just go to https://legionlawpllc.com/contact-us/ and set up a time to chat. #estateplanningattorney #probatelawyer #probate

What are testamentary spousal trusts?  We break down the complexities of this legal arrangement established by wills to benefit surviving spouses. From defining what a spousal trust entails to exploring its various purposes, including asset protection, wealth transfer, and safeguarding against potential remarriages or incapacity, we have practical examples and considerations for choosing trustees and managing assets.  This episode offers listeners a comprehensive understanding of testamentary spousal trusts and their role in ensuring families' financial security and peace of mind.    Read the full show notes and find more information at EP 88 Show Notes.

LEGAL NOTICE NOTICE BY EXECUTOR IN THE ESTATE OF LORETTA A. ADAMS- VERDECIAS, DECEASED CASE NO. PC- 23- 130 Letters of Testamentary under the will of said decedent having been granted to the undersigned on the 25th day of January, 2024, by Honorable Valerie Bradford Davis, Judge of the Probate Court of Clarke County, Alabama, notice is hereby given that all parties having claims against the said estate must present the same within the time required by law or they will be barred. Jonathan L. Adams Executor Bruce N. Wilson Wilson, Drinkard &Drinkard, LLC Attorneys for Executor P. O. Box...Article Link

Welcome back to another episode of the 360 Money Matters Podcast!  In this episode, we explore estate planning, dispelling the misconception that it's solely about who will inherit your assets. We stress the need for professional assistance in creating a valid will to document wishes accurately. We also highlight concerns regarding inheritance taxation, particularly in superannuation cases, where non-tax dependents may face taxable status. Additionally, we advise seeking professional advice and introduce a strategy called a recontribution strategy. This strategy, if certain conditions are met, can alter the superannuation status, potentially avoiding or minimizing taxes when the proceeds are distributed to non-dependents.  In conclusion, we suggest having transparent conversations with beneficiaries to communicate the reasoning behind decisions in the estate plan. Individuals should also consider the importance of seeking professional guidance and conducting regular assessments of the plan. Discover the secrets of estate planning on our latest episode! We break down myths, share tips on dividing assets, tackle tax complexities, and reveal strategies to cut down on taxes. Don't miss out on expert insights—listen now to make your estate planning decisions smarter and simpler! - This podcast contains information that is general in nature. It does not take into account the objectives, financial situation, or needs of any particular person. You need to consider your financial situation and needs before making any decisions based on this information. This information is provided by Billy Amiridis &  Andrew Nicolaou of 360 Financial Strategists Pty Ltd, authorized representatives and credit representatives of AMP Financial Planning – AFSL 232706   Episode Highlights Importance and complexity of estate planning Importance of engaging with a professional for valid wills Enforceability of estate plan Importance of reviewing the estate plan periodically Challenges of equalization and considering various factors Ensuring beneficiary nominations align with future wishes Importance of discussing the estate plan with beneficiaries Testamentary trusts and their uses Consideration of wishes and goals for the estate plan   Connect with Billy and Andrew! 360 Financial Strategists    Check out our latest episode here:  Apple Podcast Spotify Google Podcast  

Empower your testamentary writing process with ChatGPT's assistance, exploring innovative approaches and AI tools for composing legal wills. Get on the AI Box Waitlist: AIBox.ai Join our ChatGPT Community: Facebook Group Follow me on Twitter: Twitter

LEGAL NOTICE NOTICE BY CO-EXECUTORS IN THE ESTATE OF LILLIE TAYLOR ADAMS, DECEASED Letters of Testamentary of said decedent having been granted to the undersigned on the 12th day of June, 2023, by Valerie Bradford Davis, Judge of the Probate Court of Clarke County, in the State of Alabama. Notice is hereby given that all parties having claims against the said estate must present the same within the time required by law or they will be barred. Frederick D. Adams and Shayla L. Adams Co-Executors C. Daryl DrinkardWilson, Drinkard & DrinkardLLCAttorneys for ExecutorP. 0. Box 99Grove Hill, Alabama 36451(251)275-3221 26-(106)-3tc...Article Link

An interest in possession trust is a trust in which at least one beneficiary has the right to receive the income generated by the trust (if trust funds are invested) or the right to enjoy the trust assets for the present time in another way. The beneficiary with the right to enjoy the trust property for the time being is said to have an interest in possession and is colloquially described as an income beneficiary, or the life tenant. Beneficiaries of a trust have an interest in possession if they have the immediate and automatic right to receive the income arising from the trust property as it arises, or have the use and enjoyment of it, such as by living in a property owned by the trustees. Such a beneficiary is also known as an income beneficiary or life tenant. There may be more than one income beneficiary, who may have either a joint tenancy or as tenants in common. The trustee must pass all of the income received, less any trustees' expenses, to the beneficiaries. For income tax purposes, the income so accruing to the income beneficiary is taxable income of the beneficiary, and taxed accordingly, unless otherwise exempted. A beneficiary who is entitled to the income of the trust for life is known as a ‘life tenant' or as ‘having a life interest'. A beneficiary who is entitled to the trust capital is known as the ‘remainderman' or the ‘capital beneficiary'. A charitable trust is an irrevocable trust established for charitable purposes and, in some jurisdictions, a more specific term than "charitable organization". A charitable trust enjoys a varying degree of tax benefits in most countries. It also generates goodwill. Some important terminology in charitable trusts is the term "corpus" (Latin for "body"), which refers to the assets with which the trust is funded, and the term "donor", which is the person donating assets to a charity. A testamentary trust (sometimes referred to as a will trust or trust under will) is a trust which arises upon the death of the testator, and which is specified in their will. A will may contain more than one testamentary trust, and may address all or any portion of the estate. Testamentary trusts are distinguished from inter vivos trusts, which are created during the settlor's lifetime. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

This week on Hull on Estates, Doreen So and Darien Murray discuss a case which examines the ability of Attorneys for Property to sell property that is the subject of a specific testamentary gift. They consider the statutory framework surrounding this issue, as well as the wider obligations of Attorneys for Property.   Follow us on social media: LinkedIn Facebook Twitter Instagram

Hey there Wine and Dime listener!Are you ready to dive into the world of estate planning with me? In this episode, we're going to talk about trusts - and trust me, it's not as complicated as you might think!First, I'll give you an overview of the different types of trusts, including testamentary trusts, living trusts, and irrevocable trusts. We'll also dive into specific types of irrevocable trusts, like irrevocable life insurance trusts and charitable remainder trusts. Don't worry, I'll make sure you understand all the parties involved in a trust, including the grantor, beneficiary, and trustee.One thing that I find super important is having a pour-over provision will to account for any assets accidentally left out of the trust. As a trustee, it's crucial to know about this provision and how it works - trust me on this one!There are so many reasons for forming a trust, like blended households, clear asset distribution, privacy of asset distribution, and asset protection. And if you want to learn more, you can always check out the resources on the Rooted Planning Group website.As always, don't forget to rate and subscribe to the show. And a big shoutout to T.J. Meehan, who helps with production. If you have any questions or want to learn more, you can contact me through the Rooted Planning Group website or follow us on social media.In my opinion, estate planning is not just for the wealthy. It's for anyone who wants to make sure their assets are distributed according to their wishes. So, let's get started on securing our future by playing this episode now.What You'll Learn:The types and purpose of various trusts, including Testamentary Trusts, Living Trusts, and Irrevocable Trusts.The parties involved in a trust: The Grantor, The Beneficiary, and The Trustee.The role of an executor in the trust process.The various scenarios where forming a trust could be beneficial.The nuances of estate planning with blended families.Summary of Discussion:In this fruitful discussion, Amy Irvine, founder of Rooted Planning Group, takes a deep dive into estate planning with a focus on trusts. Trusts are vital tools in estate planning that ensure your assets are handled according to your wishes. The episode uncovers the different types of trusts, including Testamentary, Living, and Irrevocable Trusts, each serving unique purposes.Amy also explains the roles of the three key players in a trust: The Grantor (who creates and funds the trust), the Beneficiary (who ultimately receives the proceeds from the trust), and the Trustee (who has a fiduciary responsibility to manage the trust).Amy touches on the vital role of an executor who works closely with the trustee to ensure a smooth asset transfer. This episode also explores situations where forming a trust could be particularly beneficial, including blended households, probate reduction, privacy of asset distribution, and asset protection.Winery Recommendation:Get your corkscrews ready because this episode's wine recommendation is Bricoleur Vineyards, a French winery in beautiful Sonoma County. While Amy hasn't tasted their wines yet, she was drawn to their theme of "roots," which resonates with the spirit of the Rooted Planning Group. They have a strong focus on their vineyard's roots, reminding us of the deep-seated connections between life, finances, and good wine.Wrapping Up:This episode is a must-listen for anyone looking to take a deeper understanding of trusts and estate planning. As always, Amy encourages listeners to refer to additional resources available on rootedpg.com. Don't forget to share this episode with friends, rate it on iTunes, and prepare for the next episode. Now, raise a glass to smart financial planning...

Let's discuss how, why, and how long it takes to get “fresh” Letters Testamentary in New York. Fresh letters simply means that they are newly dated. Most of the time, probate takes months or even years, and during that time, you may need to get fresh copies of the letters to use. Do letters of testamentary expire? One question we get is “do the letters of testamentary expire?” Technically, no, they don't expire. It's not as if your executorship has ended and you need to renew it. Rather, letters are a certificate proving you are still the executor. For example, if you walk into a bank with your letters that are over a year old and you want to close the account, the bank will very likely accept them. In the last year a lot could have happened – the court could have removed you as the executor, the letters could have been suspended, or there could have been other issues. They want letters that have been issued within the past 30 days (or in some cases 60 days) to prove that yes, you are still the executor, and all is good. How to renew letters testamentary In the past, getting newly updated letters was relatively easy. You could walk into the court with $6 and they would simply print the letters and you would walk out with them. You could even mail in a request and get them back within a reasonable timeframe. The exception would be if the court is missing items in the probate file, such as affidavits, inventories, etc. It is the court's leverage to make you fix any issues before they give you fresh letters. This doesn't mean the letters have been revoked; it's just the court's opportunity to get something they need in return for something you need. Fresh letters delays in New York in 2023 Now, getting quick letters are not happening. The court no longer allows you to visit the counter or walk in with your money and request. You have to upload a request for fresh letters online. Sounds easy, right? Here's the issue – the courts are at least three months behind processing online filings. So, for example, requests uploaded in December are finally being processed in March. This doesn't account for anything you may need to fix, which will add even more back and forth time.   If you have something important you need letters for (a real estate closing, for example), then you will need to plan well in advance for this. One option is to order letters right as the property is listed, possibly even before. You do run the risk of actually getting the letters quickly and them being outdated before the closing. In which case, you would need to order them again. You could get around this by ordering them every month or every other month until the closing to be sure that you have them. It may seem wasteful, but unfortunately, not having the letters could delay the closing (which is much more expensive than a few extra copies of letters). Probate isn't a quick process as it is, which is why it's best to set expectations early in the process. Check out my book, “How Probate Works,” and when you get to the chapter on delays, just add on more time. Unfortunately, that's the way things are right now. Request your free consultation  

A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settlor", the party to whom the right is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the "beneficiary", and the entrusted property itself is known as the "corpus" or "trust property". A testamentary trust is created by a will and arises after the death of the settlor. An inter vivos trust is created during the settlor's lifetime by a trust instrument. A trust may be revocable or irrevocable; an irrevocable trust can be "broken" (revoked) only by a judicial proceeding. The trustee is the legal owner of the property in trust, as fiduciary for the beneficiary or beneficiaries who are or are the equitable owners of the trust property. Trustees thus have a fiduciary duty to manage the trust to the benefit of the equitable owners. They must provide a regular accounting of trust income and expenditures. Trustees may be compensated and be reimbursed for their expenses. A court of competent jurisdiction can remove a trustee who breaches their fiduciary duty. Some breaches of fiduciary duty can be charged and tried as criminal offenses in a court of law. A trustee can be a natural person, a business entity or a public body. A trust in the United States may be subject to federal and state taxation. A trust is created by a settlor, who transfers title to some or all of their property to a trustee, who then holds title to that property in trust for the benefit of the beneficiaries. The trust is governed by the terms under which it was created. In most jurisdictions, this requires a contractual trust agreement or deed. It is possible for a single individual to assume the role of more than one of these parties, and for multiple individuals to share a single role. For example, in a living trust it is common for the grantor to be both a trustee and a lifetime beneficiary while naming other contingent beneficiaries. Trusts have existed since Roman times and have become one of the most important innovations in property law. Trust law has evolved through court rulings differently in different jurisdictions, so statements in this article are generalizations; understanding the jurisdiction-specific case law involved is tricky. Some U.S. states are adapting the Uniform Trust Code to codify and harmonize their trust laws, but state-specific variations still remain. An owner placing property into trust turns over part of their bundle of rights to the trustee, separating the property's legal ownership and control from its equitable ownership and benefits. This may be done for tax reasons or to control the property and its benefits if the settlor is absent, incapacitated, or deceased. Testamentary trusts may be created in wills, defining how money and property will be handled for children or other beneficiaries. While the trustee is given legal title to the trust property, in accepting title the trustee owes a number of fiduciary duties to the beneficiaries. The primary duties owed are those of loyalty, prudence and impartiality. Trustees may be held to a very high standard of care in their dealings to enforce their behavior. To ensure beneficiaries receive their due, trustees are subject to a number of ancillary duties in support of the primary duties, including duties of openness and transparency, and duties of recordkeeping, accounting, and disclosure. In addition, a trustee has a duty to know, understand, and abide by the terms of the trust and relevant law. The trustee may be compensated and have expenses reimbursed, but otherwise must turn over all profits from the trust properties and neither endebt nor riskily speculate on the trust assets without the written, clear permission of all of the adult beneficiaries. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will. This concept has also been called sound mind and memory or disposing mind and memory. Presumption of capacity. Adults are presumed to have the ability to make a will. Litigation about testamentary capacity typically revolves around charges that the testator, by virtue of senility, dementia, insanity, or other unsoundness of mind, lacked the mental capacity to make a will. In essence, the doctrine requires those who would challenge a validly executed will to demonstrate that the testator did not know the consequence of their conduct when they executed the will. Certain people, such as minors, are usually deemed to be conclusively incapable of making a will by the common law; however, minors who serve in the military are conceded the right to make a will by statute in many jurisdictions. In South Africa, however, one acquires testamentary capacity at the age of 16 years. Requirements. The requirements for testamentary capacity are minimal. Some courts have held that a person who lacks the capacity to make a contract can nevertheless make a valid will. While the wording of statutes or judicial rulings will vary from one jurisdiction to another, the test generally requires that the testator was aware of: The extent and value of their property. The persons who are the natural beneficiaries The disposition they are making How these elements relate to form an orderly plan of distribution of property. The legal test implies that a typical claimant in a will contest is a disgruntled heir who believes they should have received a larger share than they did under the will. Once the challenging party meets the burden of proof that the testator did not possess the capacity, the burden subsequently shifts to the party propounding the will to show by clear and convincing evidence that the testator did have the requisite capacity. Proof of testamentary capacity. Those who contest a will for lack of testamentary capacity must typically show that the decedent suffered from mental unsoundness that left them unable to remember family members or caused them to hold insane delusions about them. Dead Man's Statutes sometimes restrict evidence which can be admitted concerning transactions with the decedent. Lawyers for people whose testamentary capacity might be called into question often arrange for a will execution to be videotaped. On video, they ask the testator about his property and about his family, and go over the contents of the testator's will. The testamentary capacity matter is most frequently raised posthumously, when an aggrieved heir contests the will entered into probate. For this reason, in the absence of the ability to interview the testator directly, a forensic psychiatrist or forensic psychologist may evaluate a testator's capacity by reviewing videotape of the drafting of the will, emails or letters, medical records, and other records. Along with resolving an examinee's testamentary capacity, a forensic specialist may observe for signs of undue influence, particularly susceptibility to undue influence. Even when a testator is found to have lacked testamentary capacity due to senility, loss of memory due to the aging process, infirmity or insanity, courts will sometimes rule that the testator had a "temporary period of lucidity" or a "lucid moment" at the time of the execution of the testamentary instrument. Such finding will validate a will that would otherwise be denied probate. A way to forestall a will contest would be to have a self-proving will, in which an affidavit of the witnesses to the will specifically swear or affirm that the will was prepared under the supervision of an attorney. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Here is Frank Bruno's daily dose of elder law. Elder Law attorneys help their clients facing incapacity, paying for long-term care, or settling an estate. Find us on the web! For more information visits my website at https://www.frankbrunolaw.com Schedule a free telephone consultation on our Website at https://frankbrunolaw.apptoto.com// Say Hi on Social: Visit my Instagram page at https://www.instagram.com/frankbrunoesq/?hl=en Visit my Facebook page at https://www.facebook.com/LawOfficeofFrankBrunoJr/ Visit my Linkedin page at https://www.linkedin.com/in/frank-bruno-2aa14799/ Visit my Twitter page at https://twitter.com/_frankbrunolaw Website: https://www.frankbrunolaw.com What we do at our offices: Wills, Trusts, Estates, Powers of Attorney, Nursing Home Medicaid, Long Term Care Planning, Guardianship, Real Property transfers & Probate Frank Bruno, Jr. is an Elder Law and Special Needs lawyer with years of experience handling these types of cases. He is extremely active in the Queens, New York Community, the Queens County Bar Association, and New York State Bar Association and is frequently invited to speak at events about Elder Law. If you'd like to learn more about Elder Law, Medicaid planning, Guardianship, Special Needs Trusts, or Probate law contact the Law Office of Frank Bruno, Jr. today at 718-418-5000. Thank you for listening! Eldercare law is really an umbrella term encompassing multiple areas of law. Some elder care attorneys handle subjects that most people know something about, such as probate, guardianship, estate planning. Other eldercare lawyers focus their practice on other areas of law such as special needs planning, VA benefits planning, and Medicaid planning. So, what is Medicaid planning? Medicaid planning is a way to protect people's assets from the threat of long-term care expenses. Many clients are between 65 and 95, own their own homes, and have between $25,000 and $750,000 worth of assets in addition to the house. What many people don't realize is exactly how expensive long term care expenses can be – In 2020 the average costs of a skilled nursing facility, in New York is $14,250.00 per month. Someone can be solidly middle class or upper-middle class, have saved their whole life, and think that they'll have plenty of money for whatever happens only to suffer a stroke, major heart attack or get an Alzheimer's or Parkinson's diagnosis and need help with their activities of daily living. If they have this six-figure per year care expense, many people spend everything. Medicare does not pay skilled nursing home expenses after 100 days. An elder care attorney, who handles Medicaid planning, is able to legally and ethically protect people's assets to get them qualified for Medicaid. Medicaid, unlike Medicare, has excellent long-term care benefits. This helps them supplement their lifestyle with their own assets (to improve the quality of their life while alive) and make it more likely that they will have something to pass onto their heirs after they pass away. There are many myths and much misinformation surrounding long-term care Medicaid in New York. To learn more please visit... https://www.frankbrunolaw.com

Here is Frank Bruno's daily dose of elder law. Elder Law attorneys help their clients facing incapacity, paying for long-term care, or settling an estate. Find us on the web! For more information visits my website at https://www.frankbrunolaw.com Schedule a free telephone consultation on our Website at https://frankbrunolaw.apptoto.com// Say Hi on Social: Visit my Instagram page at https://www.instagram.com/frankbrunoesq/?hl=en Visit my Facebook page at https://www.facebook.com/LawOfficeofFrankBrunoJr/ Visit my Linkedin page at https://www.linkedin.com/in/frank-bruno-2aa14799/ Visit my Twitter page at https://twitter.com/_frankbrunolaw Website: https://www.frankbrunolaw.com What we do at our offices: Wills, Trusts, Estates, Powers of Attorney, Nursing Home Medicaid, Long Term Care Planning, Guardianship, Real Property transfers & Probate Frank Bruno, Jr. is an Elder Law and Special Needs lawyer with years of experience handling these types of cases. He is extremely active in the Queens, New York Community, the Queens County Bar Association, and New York State Bar Association and is frequently invited to speak at events about Elder Law. If you'd like to learn more about Elder Law, Medicaid planning, Guardianship, Special Needs Trusts, or Probate law contact the Law Office of Frank Bruno, Jr. today at 718-418-5000. Thank you for listening! Eldercare law is really an umbrella term encompassing multiple areas of law. Some elder care attorneys handle subjects that most people know something about, such as probate, guardianship, estate planning. Other eldercare lawyers focus their practice on other areas of law such as special needs planning, VA benefits planning, and Medicaid planning. So, what is Medicaid planning? Medicaid planning is a way to protect people's assets from the threat of long-term care expenses. Many clients are between 65 and 95, own their own homes, and have between $25,000 and $750,000 worth of assets in addition to the house. What many people don't realize is exactly how expensive long term care expenses can be – In 2020 the average costs of a skilled nursing facility, in New York is $14,250.00 per month. Someone can be solidly middle class or upper-middle class, have saved their whole life, and think that they'll have plenty of money for whatever happens only to suffer a stroke, major heart attack or get an Alzheimer's or Parkinson's diagnosis and need help with their activities of daily living. If they have this six-figure per year care expense, many people spend everything. Medicare does not pay skilled nursing home expenses after 100 days. An elder care attorney, who handles Medicaid planning, is able to legally and ethically protect people's assets to get them qualified for Medicaid. Medicaid, unlike Medicare, has excellent long-term care benefits. This helps them supplement their lifestyle with their own assets (to improve the quality of their life while alive) and make it more likely that they will have something to pass onto their heirs after they pass away. There are many myths and much misinformation surrounding long-term care Medicaid in New York. To learn more please visit... https://www.frankbrunolaw.com

Letter of administration and Succession certificate both are given by High court both look similar but their is difference between both the documents which is given by the testamentary department Lion adv. Arun Deshmukh has explain the difference between both the documents in this video. Lion adv Arun Deshmukh is the writer of 32 books and through this YouTube channel regularly informs common persons on various legal topics.

Today we're talking about succession planning with the one and only Terry Waugh.This is a pretty big topic but we'll be focusing in on areas such as:What is succession planning and why should we care? (02:22)What are some of the available options for succession planning? (04:19)Wills (07:06)Testamentary trusts (13:31)Succession planning within companies (20:52)Superannuation - who gets it when you die? (24:15)SMSF - what are the key differences? (28:42)Life insurance inside superannuation (39:30)How to protect your kids in case you die (31:01)How much do these structures cost? (33:27)LinksPodcast - 46. Terry Waugh - StructuringWebsite - Structuring Lawyers Pty LtdPodcast - The Structuring PodcastFacebook - Aussie FIRE Discussion GroupForum - Property Chatwww.aussiefirebug.com/podcast

In this episode, we review a little bit of the “Three Lands of Estate Planning” discussed in the previous episode. Then we transition into an introduction of trusts. We go over the dishonest practices of some attorneys with regard to trusts, what trusts are and what they do, and a few types of trusts such as testamentary trusts, revocable grantor trusts, and irrevocable asset protection trusts. We will go more in depth with trusts in future episodes, so stay tuned! Key Takeaways  Takeaway 1: There is no perfect answer  01:48 - 03:46 When evaluating the “Three Lands of Estate Planning,” there is no perfect answer or exactly right way to make a determination.  The fact that we take different roads doesn't mean that somebody is wrong. A family will evaluate their opportunities, their risks, and the three lands. All they have are the facts at the time, and the facts might turn out differently than anticipated. Takeaway 2: Trusts can be a trap, but they're not all bad  03:47 - 07:04 Trusts can either have a very good or very bad reputation. Some attorneys run “trust mills” and have dishonest practices meant to just trap people into buying their services. This, however, does not mean that all trusts are bad. Trusts, in reality, are a tool for protecting your assets. The big 3 types of trusts we utilize are irrevocable asset protection trusts, revocable grantor trusts, and testamentary trusts.    Takeaway 3: Testamentary trusts  07:05 - 12:03 Testamentary trusts are in wills. It can be a trust for the benefit of a child or it can be used to protect spouses. If one spouse dies and the other spouse goes into long-term care, we can protect the deceased's money and transfer it to the living spouse. We have protected millions of dollars for after death using testamentary trusts. A problem as of late is that investment companies and financial institutions will not allow us to fund testamentary trusts or to name a beneficiary of an asset to be a testamentary trust. They want the trust to be living.  It looks like the pendulum is changing significantly, and more companies are not letting us name beneficiaries in this way.  We are going to have to start using trusts on a more regular basis if we want to protect future generations and spouses.  We might just have to use trusts created during life now instead of last will and testaments, which means a 5-year lookback period will be in effect, something that is avoided with trusts at death.   Takeaway 4: What is a trust?  12:04 - 18:15 A trust is a contract between 3 parties: The grantor - creates The trustee - controls The beneficiary - receives When asked initially, nobody wants to be the grantor, but the grantor gets to pick when the beneficiary gets the money, what they get, and what the trustee controls. You want to be ALL THREE, not just one.  In tax trusts, you cannot be any of the 3 parties. Grantor trusts allow you to be all three parties. We teach this concept through the red wagon. In the wagon we have whatever properties we own. If you own a house, you have the right to live in it, the right to sell it and the right to buy another house. The trust owns the house, but you control the trust. If you own a house outright, you are out of the wagon because creditors have access to your home, but if you keep everything in the wagon, you can get full asset protection after 5 years. This is where we get into revocable grantor trusts vs. irrevocable asset protection trusts. Takeaway 5: Revocable grantor trusts  18:06 - 20:24 You can empty the wagon and access everything.  You can be all 3 parties but you do not have asset protection because creditors can access your assets. These trusts are great if you have multiple properties across different states because you avoid probate fees in each state. Takeaway 6: Irrevocable asset protection trust  20:28 - 24:34 With irrevocable asset protection trusts, the only thing we can't do is give the assets back to ourselves.  Assets are fully protected. You can change who gets them, when they get them, and how they get them. You remain in control. You will pay an inheritance tax, but that is a good thing because the beneficiaries will be well-off and not have to pay much in capital gains tax. Links and Resources Mentioned Bellomo & Associates workshops: https://bellomoassociates.com/workshops/  Connect with Bellomo & Associates on Social Media Twitter: https://twitter.com/bellomoassoc  YouTube:  https://www.youtube.com/user/BellomoAssociates  Facebook: https://www.facebook.com/bellomoassociates  Instagram: https://www.instagram.com/bellomoassociates/   LinkedIn: https://www.linkedin.com/in/bellomoandassociates  Ways to work with Jeff Bellomo Contact Us: https://bellomoassociates.com/contact/ Practice areas: https://bellomoassociates.com/practice-areas/

Here is Frank Bruno's daily dose of elder law. Elder Law attorneys help their clients facing incapacity, paying for long-term care, or settling an estate. Find us on the web! For more information visits my website at https://www.frankbrunolaw.com Schedule a free telephone consultation on our Website at https://frankbrunolaw.apptoto.com// Say Hi on Social: Visit my Instagram page at https://www.instagram.com/frankbrunoesq/?hl=en Visit my Facebook page at https://www.facebook.com/LawOfficeofFrankBrunoJr/ Visit my Linkedin page at https://www.linkedin.com/in/frank-bruno-2aa14799/ Visit my Twitter page at https://twitter.com/_frankbrunolaw Website: https://www.frankbrunolaw.com What we do at our offices: Wills, Trusts, Estates, Powers of Attorney, Nursing Home Medicaid, Long Term Care Planning, Guardianship, Real Property transfers & Probate Frank Bruno, Jr. is an Elder Law and Special Needs lawyer with years of experience handling these types of cases. He is extremely active in the Queens, New York Community, the Queens County Bar Association, and New York State Bar Association and is frequently invited to speak at events about Elder Law. If you'd like to learn more about Elder Law, Medicaid planning, Guardianship, Special Needs Trusts, or Probate law contact the Law Office of Frank Bruno, Jr. today at 718-418-5000. Thank you for listening! Eldercare law is really an umbrella term encompassing multiple areas of law. Some elder care attorneys handle subjects that most people know something about, such as probate, guardianship, estate planning. Other eldercare lawyers focus their practice on other areas of law such as special needs planning, VA benefits planning, and Medicaid planning. So, what is Medicaid planning? Medicaid planning is a way to protect people's assets from the threat of long-term care expenses. Many clients are between 65 and 95, own their own homes, and have between $25,000 and $750,000 worth of assets in addition to the house. What many people don't realize is exactly how expensive long term care expenses can be – In 2020 the average costs of a skilled nursing facility, in New York is $14,250.00 per month. Someone can be solidly middle class or upper-middle class, have saved their whole life, and think that they'll have plenty of money for whatever happens only to suffer a stroke, major heart attack or get an Alzheimer's or Parkinson's diagnosis and need help with their activities of daily living. If they have this six-figure per year care expense, many people spend everything. Medicare does not pay skilled nursing home expenses after 100 days. An elder care attorney, who handles Medicaid planning, is able to legally and ethically protect people's assets to get them qualified for Medicaid. Medicaid, unlike Medicare, has excellent long-term care benefits. This helps them supplement their lifestyle with their own assets (to improve the quality of their life while alive) and make it more likely that they will have something to pass onto their heirs after they pass away. There are many myths and much misinformation surrounding long-term care Medicaid in New York. To learn more please visit... https://www.frankbrunolaw.com

LEGAL NOTICE G. W. Norrell Contracting Co., Inc. hereby gives notice of completion of contract with the State of Alabama for construction of Bridge Project No. RABRZ-1317(250) in Clarke County. This notice will appear for four consecutive weeks starting the week of 1-27-2022. All claims should be filed at P. O. Box 737 Georgiana, AL 36033 during this period. G. W. Norrell Contracting Co., Inc. 03-(66)-4tc NOTICE BY:PERSONAL REPRESENTATIVEIN THE ESTATE OFANDREW E. JONES JR.,DECEASEDLetters of Testamentary of saiddecedent having been granted tothe undersigned on the 20th day ofJanuary, 2022, by Honorable VALERIE BRADFORD DAVIS, Judgeof Probate Court of Clarke...Article Link

Jacob Martin (@thenftattorney) is an attorney based in Southern California, founder of JTM Tech Law, and General Partner at 2 Punks Capital. While in law school, Jacob founded a legal tech startup focused on "tying Testamentary documents to the blockchain." Today, as Founder of JTM Tech Law, he consults & advises NFT artists & collectors, DAOs, auction houses, entertainment & tech companies on all things crypto, blockchain, & NFT. Show highlights: - His introduction to Bitcoin and NFTs - Buying a Cryptopunk - Becoming the "NFT Attorney" & starting a crypto-focused practice - Learning the law as a sole practitioner - How Jacob produced the NFT Tax Guide - Why he's still a lawyer & much more.

A testamentary trust is any trust set up in a person's will and a testamentary discretionary trust is a discretionary trust set up in a person's will. They have all the benefits of a discretionary trust set up during a person's lifetime, but with more. Minor children can be taxed at adult rates of tax on income derived from a deceased estate, including indirectly via a testamentary discretionary trust.www.structuring.com.auwww.structuring.com.au

In this podcast, the View Legal team explore the following topic ‘What trust is for when: inter vivos; testamentary and post death trusts explored ' which was held on 26 August 2021. In many estate planning exercises arguably the most strategic question to ask is what type of discretionary trust should be implemented. With the aid of hindsight, the choice made is often one that was not in fact adequately tolerance tested when it should have been. This webinar explores the key issues with the main alternatives for trust structures in estate planning, including: unbundling the key features of inter vivos trusts, pre-death testamentary trusts and post-death testamentary trusts worked examples of each structure exploring restructuring options when the 'wrong' trust is chosen analysing the key tax consequences of each approach numerous case study examples For access to more webinars and resources join one (or all) of the View Communities. Reminder to View Community members – join us in the FaceBook group for a deeper conversation about this topic and how you can leverage your learnings for your customers.   Not a member? Learn about View's online mastermind communities below to see which one (or three) suits the needs of you and your business.  Techniview - For advisers working in holistic estate planning (including trusts, asset protection, superannuation, tax and business succession)  Adviewser - For advisers wanting to facilitate legal solutions for their clients in holistic Estate Planning  Viewruption - For professional service providers wanting to iterate their business model (including abandoning timesheets)  Some of the resources that View Legal has on offer that may be of assistance include:  View apps Weekly View blog Published View books Related articles and resources: PODCAST #14 – Testamentary Trusts Bespoke Planning Opportunities PODCAST  #28 – Adviser facilitated Estate planning – Everything you need to know to deliver exceptional value PODCAST  #51 – Testamentary Trusts – the latest tips and traps Listen to View's previous episode here.

In part one of our interview with wills and estates lawyer, Ziad Yehia, we discuss the specific considerations regarding the transfer of digital assets upon one's death.

Full Show Notes: https://probatemastery.com/probate-mastery-group-training-9Watch with zoom video on YouTube: https://youtu.be/eC9Zxt0Q6zwJoin the Facebook Community, Estate Professionals Mastermind: https://facebook.com/groups/estateprofessionalsmastermindGroup trainings feature live questions and answers from trainer Chad Corbett, guest coaches, and certified probate experts. Participation in live group coaching is free for anyone who has taken Chad's Probate Mastery Certification course. Learn more about the course and enroll:  https://ProbateMastery.comTime Stamps (YouTube links):00:00 Introductions0:32 How to Get Into Real Estate Investing As An Attorney1:22 Using Title Checks as a Lead Generation Tool5:05 Skiptracing with LexisNexis6:22 Creating A USP to Match Your Unique Skill Set7:53 Creating Service Packages with Vendors for Added Value Offers10:12 Why Investor and Brokerage Partnership is So Important14:28 What To Do If An Agent is Not Presenting Your Investment Offer17:20 Excluding Your Offer From A Seller's Listing Agreement (and Avoiding Implied Agency)18:10 Transaction Engineering: Owner Finance, Land-Trust, and Novation Agreements.25:55 Why Do Motivated Sellers Object to Owner-Finance?28:46 Signed Listing Agreement BEFORE Letters of Testamentary?31:16 Matching Acquisition Strategy and Market43:47 Getting Over The Fear of Doing Your First Investment Deal48:45 Updates from Rodger LecyThese calls are recorded via zoom and can be viewed in video format in Estate Professionals Mastermind community, YouTube, or in our podcast archive.Looking for Probate Leads and Marketing Automation? https://probatemastery.com/probatesuccessPreview Session 1 of Probate Mastery free! Learn more https://probatemastery.com#realestate #probate #realestateinvestingPre-Roll Information: Join our Facebook Group: Estate Professionals MastermindCheck out ProbateMastery.com for the probate certification course and more content.

A life insurance trust is an irrevocable, non-amendable trust which is both the owner and beneficiary of one or more life insurance policies. Upon the death of the insured, the trustee invests the insurance proceeds and administers the trust for one or more beneficiaries. If the trust owns insurance on the life of a married person, the non-insured spouse and children are often beneficiaries of the insurance trust. If the trust owns "second to die" or survivorship insurance which only pays when both spouses are deceased, only the children would be beneficiaries of the insurance trust. In the United States, proper ownership of life insurance is important if the insurance proceeds are to escape federal estate taxation. If the policy is owned by the insured, the proceeds will be subject to estate tax. (This assumes that the aggregate value of the estate plus the life insurance is large enough to be subject to estate taxes.) To avoid estate taxation, some insured name a child, spouse or other beneficiary as the owner of the policy. There are drawbacks to having insurance proceeds paid outright to a child, spouse, or other beneficiary. A testamentary trust (sometimes referred to as a will trust or trust under will) is a trust which arises upon the death of the testator, and which is specified in his or her will. A will may contain more than one testamentary trust, and may address all or any portion of the estate. Testamentary trusts are distinguished from inter vivos trusts, which are created during the settlor's lifetime. There are four parties involved in a testamentary trust: the person who specifies that the trust be created, usually as a part of his or her will, but it may be set up in abeyance during the person's lifetime. This person may be called the grantor or trustor, but is usually referred to as the settlor; the trustee, whose duty is to carry out the terms of the will. He or she may be named in the will, or may be appointed by the probate court that handles the will; A spendthrift trust is a trust that is created for the benefit of a person (often unable to control his/her spending) that gives an independent trustee full authority to make decisions as to how the trust funds may be spent for the benefit of the beneficiary. Creditors of the beneficiary generally cannot reach the funds in the trust, and the funds are not actually under the control of the beneficiary. The creator of a trust is often called the "trustor", "grantor", or "settlor" of the trust. A trust generally will not be treated as a spendthrift trust unless the trust agreement contains language showing that the creator intended the trust to qualify as spendthrift. This is what is known as a spendthrift clause or spendthrift provision. A spendthrift provision creates an irrevocable trust preventing creditors from attaching the interest of the beneficiary in the trust before that interest (cash or property) is actually distributed to him or her. Most well-drafted irrevocable trusts contain spendthrift provisions even though the beneficiaries are not known to be spendthrifts. This is because such a provision protects the trust and the beneficiary in the event a beneficiary is sued and a judgment creditor attempts to attach the beneficiary's interest in the trust. The protection of the spendthrift trust extends solely to the property that is in the trust. Once the property has been distributed to the beneficiary that property can be reached by a creditor, except to the extent the distributed property is used to support the beneficiary. If a trust calls for a distribution to the beneficiary, but the beneficiary refuses such distribution and elects to retain property in the trust, the spendthrift protection of the trust ceases with respect to that distribution and the beneficiary's creditors can now reach trust assets. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

LEGAL NOTICE Notice is hereby given that R & R Contractors, LLC, P.O. Box 39, Monroeville, AL 36461 has completed all work on the CULVERT REPLACEMENT & PAVEMENT REPAIR in Fulton, Alabama.” All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify the above named contractor and the Town Clerk of the Town of Fulton. 14-(63)-4tc NOTICE BYEXECUTRIXIN THE ESTATE OFKATHLEEN W. GARRICK,DECEASEDLetters of Testamentary of said decedent having been granted to the undersigned on the 31st day of March,2021, by Valerie Bradford Davis, Judgeof the Probate Court of Clarke County,in the...Article Link

This episode is also available as a blog post: https://paylesstax.com/2021/04/17/tax-tip-podcast-or-blog-post-and-a-testamentary-charitable-lead-unitrust-clut/ --- Send in a voice message: https://anchor.fm/don-fitch/message

Website: https://www.kmclawmd.com/ Email: kelly@kmclawmd.com Phone: (443) 906-1477 Kelly McCrea is an estate planning attorney with KMC Law in Maryland. In this video, she explains what the components of an estate plan are and why it's important to get it done. This is a basic introduction, we don't spend too much time on any given topic - I will be circling back to do a deeper dive in later episodes. Intestacy means property passes through probate without a Will - it's up to the courts to decide who gets what. I learned that in Maryland if you don't have a Will your assets will be split 50% between your spouse and minor children - not sure if/how many other states have similar rules, you'll want to check. There are some things that don't have to go through probate - anything with a beneficiary form because the beneficiary form will take priority. This makes it very important to keep these updated, especially after a divorce or other significant changes. Another thing I learned is Maryland is a "surrogate" state - meaning if your spouse or parents may speak for you if you are unable to speak for yourself, even if you don't have advanced directives. This link will take you to an HHS pdf file that does a deep dive into state surrogate laws. The advanced directives help your loved ones make decisions about what treatments you do, or don't, want; and everyone over the age of 18 who is of sound mind and body should complete them - especially if you have kids doing a semester abroad or going off to college in another State. We talked about (2) kinds of Powers of Attorney - the Springing and the Durable. Springing means it won't come into effect until the individual has been found incapacitated by (2) medical professionals. The Durable power of attorney means it will stay in effect even after the individual becomes incapacitated mentally. Kelly explained Revocable living trusts and testamentary trusts. Revocable means it may be changed and does not offer any protection for public benefits. Testamentary means it will come into being after you die. You also have the option of creating special needs trusts while you're alive, as long as you fund them with a nominal amount (I've got $10 in each). We discussed trustees, highlighting the challenges of having more than one - someone has to have the final say. Trustees control the flow of assets, and trust protectors monitor the distribution - an important distinction. As an Amazon Associate, I earn commissions from qualifying purchases. For more information about True North Disability Planning you can find us here: Web: https://truenorthdisabilityplanning.com/ Blog - https://ejorgensenwordpresscom.wordpress.com Podcast (ABC's of Disability Planning) - https://anchor.fm/abcs-disability-planning Waypoints - https://waypoints.substack.com/ Facebook: @TrueNorthDisabilityPlanning Twitter: @NeedsNavigator Resource store (free downloads too) - https://www.teacherspayteachers.com/Store/True-North-Disability-Planning --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app --- Send in a voice message: https://anchor.fm/abcs-disability-planning/message

In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will. This concept has also been called sound mind and memory or disposing mind and memory. Presumption of capacity. Adults are presumed to have the ability to make a will. Litigation about testamentary capacity typically revolves around charges that the testator, by virtue of senility, dementia, insanity, or other unsoundness of mind, lacked the mental capacity to make a will. In essence, the doctrine requires those who would challenge a validly executed will to demonstrate that the testator did not know the consequence of his or her conduct when he or she executed the will. Certain people, such as minors, are usually deemed to be conclusively incapable of making a will by the common law; however, minors who serve in the military are conceded the right to make a will by statute in many jurisdictions. In South Africa, however, one acquires testamentary capacity at the age of 16 years. A no-contest clause, also called an in terrorem clause, is a clause in a legal document, such as a contract or a will, that is designed to threaten someone, usually with litigation or criminal prosecution, into acting, refraining from action, or ceasing to act. The phrase is typically used to refer to a clause in a will that threatens to disinherit a beneficiary of the will if that beneficiary challenges the terms of the will in court. Many states in the United States hold a no-contest clause in a will to be unenforceable, so long as the person challenging the will has probable cause to do so. No-contest clause in wills. The Uniform Probate Code (UPC) §§ 2-517 and 3‑905 allow for no contest clauses so long as the person challenging the will doesn't have probable cause to do so. The full wording is: A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. — UPC §§ 2-517 and 3‑905. The UPC has been adopted in several smaller states, including Alaska, Idaho, Montana, and New Mexico, but also by Florida, one of the larger states in population. Some states allow for "living probate" and "ante mortem" probate, which are statutory provisions which authorize testators to institute an adversary proceeding during their life to declare the validity of the will, in order to avoid later will contests. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

Kevin invents a new word; Tom pays respects to friends of his who have passed recently while bringing light to the disease CTE; Phil Taillon crashes the podcast, and the group discusses very important things, like the latest “dick pic” scandal involving the former GM of the New York Mets, Mayor Tom finally taking his staff to lunch (an occasion apparently so rare that Phil thought he was getting fired), sports, and more.

Quite often we are asked by family members and heirs what the process is to sell a deceased person’s home. It can be a complex and typically you should have a lawyer, but this blog shares a general understanding of how it works and what you can do to get started. Did the Deceased Own Property? While most people assume that the decedent owned their home, we have seen on many occasions that isn’t the case. For example, they may have been renting or owned the home jointly. The first thing you should do is look up the deed. This is actually easier than you think. Most counties have online searching capabilities, and a quick Google search will help you find the right place (the New York City system is called ACRIS). By pulling the deed, you will be able to confirm if the property was owned by the decedent, owned along with another person, or owned by someone else. Two Names on Deed, One Person Dies You may discovery that the decedent owned the property along with another person. If it’s a husband and wife, then you generally don’t need to do anything in terms of probate. The house will simply go to the wife. Similarly, if it is a Joint Tennant deed, wherein two people are the joint owners. Using Jack and Jill for this example, then the house would be solely owned Jill if Jack dies, without having to go to probate court. Lastly, the deed may say that Jack and Jill are the non-married owners or Tenants in Common. If that’s the case and Jack dies, then Jack’s estate still owns 50% of the property. You would have to go to probate court to deal with Jack’s half. What Happens to House in Trust After Death? Another scenario you may discover when you review the deed is that the house is owned by a trust. In this situation, you need a copy of Jack’s Trust to see what should happen to the property when he dies. You most likely can avoid probate court, depending on the trust wording. Didn’t Own His Home As we mentioned, it’s common for the person to not own their home at all. They could be a renter, be living in a home owned by a deceased grandparent, etc. It’s important to pull the deed to figure out the ownership so you can move forward properly. Do You Need Probate to Sell A House or Can You Sell a Deceased Person's House Without Probate? The short answer is yes, you can sell it without probate if the property was owned by a spouse or in a trust. However, if it’s in the decedent’s name alone, then you will need to go through the probate process. PRO TIP: Some will try to tell you that technically you can sell without probate, with simply signing a document called an Affidavit of Heirship. Some fast-moving brokers may try to sell you on this idea. However, be aware that in most cases the title company may not accept it. The title company does not want the liability of ensuring that there are no issues with the estate and property. It’s too risky for them. How to Get Access to House After Death Another reason you may have to go through probate is to gain access to the house. In New York, if a decedent died at home, then the house is sealed with police tape. No one can enter the house until you have proof that you are entitled to be there. If the home is in a condo, co-op, or other managed building, they’ll want to see proof of authority before giving access. This proof comes from the court in the form of Letters of Testamentary. Who Does Probate Protect? Although you may think you want to avoid probate at all costs, that may not be the right concept. Probate is a process meant to protect you as an executor as well as the heirs. It safeguards all parties from being held liable for debts, such as the IRS and creditors that may come up down the road. Considerations When Choosing an Executor Specifically relating to selling a deceased person’s property, there are a few key points to keep in mind. See How to Choose an Executor, which digs deeper into how to choose an Executor. Does Executor Have to Live in Same State? Technically, no. You can be a US citizen and live outside of the state. But there are major drawbacks to not living in the state where the estate is probated. Do I Have to Travel to New York for Probate? Yes! Although as the executor it’s not technically required to live in New York, be aware that the executor will need to travel to New York. Typically, this is not just one trip. Even though we’re in 2020, some things still must be done in person, such as opening an estate bank account. So yes, living in New York is the best option. When is an Estate Bond Required? Bonds are sometimes required of the executor by the probate court. To get a bond, the executor will need excellent credit. When you are deicing about an executor, make sure it’s someone who will qualify. Those with financial issues and bankruptcies are not good candidates. They most likely will not get a bond. How to Empty a House After a Death When it comes to a deceased person’s home, not only do you have to empty the contents, but you may have to remove people that live there. Eviction After Death of Owner There are times that eviction may be necessary to remove a tenant. Commonly, once the owner dies, tenants feel they don’t need to pay, essentially living rent free. Therefore, eviction is necessary to be able to sell the home. Eviction is a long process which takes on average 6 to 9 months. Therefore, you should get the ball rolling right away. If you wait for the tenants to do it on their own, you may add months or even years to the process. Can an Heir Be Evicted? Absolutely. Even if it’s family. While there are steps and complications, it can be done. And it may be necessary for it to be done. Removing Items from House After Death Lastly, you will need to clean out the items from the house, possibly disposing of the belongings. When serving as a professional executor, we take photos and videos of everything. After items are distributed according to the will, we send the photos to the heirs and ask what they would like. From there, we either have to find others that would like the items, donate them, or simply dispose of what is left. Request your free consultation

Most people acknowledge that a will is an important document to create, but we all hope there’s no urgency to prepare it. As such, many people rarely ‘get around’ to it.One of the reasons for this is they don’t know enough about it and how to get started. This blog answers commonly asked questions and matters that should be considered when drafting estate planning documents.Rules are State basedThe laws that govern the administration of wills and intestacy (if you die without a will) is the State’s jurisdiction. This means rules may vary from state to state.Generally, if you die without a will, it is referred to as dying intestate. There are many adverse consequences of this including your assets being distributed in a way that you would not otherwise agree with. In addition, it creates unnecessary work and complexity for surviving family members to arrange probate.Simple circumstances requires a simple willIf your situation is simple, you only need a simple will. Simple means that you do not have significant assets, you do not have any specific beneficiaries or financial dependents. In this situation, typically, a template will should be satisfactory. You can purchase these online for approximately $200. Make sure your will is witnessed correctly.However, the more assets you have (in terms of value), the greater the need for personalised legal advice. Like in many situations, often it’s what you don’t know that could cause problems.Kids complicate mattersIf you have children (or are contemplating having children), you should engage a lawyer to draft your will. Not only do you need to ensure that all financial dependents will be looked after, but you must address guardianship of your children. In the event that you and your spouse1 pass away, who will be the legal guardian of your children? This is an important decision which must be included in your will.I would typically advise people with children to insert a testamentary trust into their will. A testamentary trust is a special discretionary trust that is created upon death. The will maker can permit the executor to transfer the estate assets into the testamentary trust. Testamentary trust’s provide serval advantages including taxation savings (discussed below) and asset protection benefits.Blended families complicate matters furtherA blended family includes situations such as:both spouses have children from a previous relationship; and/orone spouse has children from a previous relationship as well as children with their current spouse.Blended family arrangements can create a myriad of potential risks that must be considered and addressed when drafting estate planning documents. Anyone in this situation must seek personalised legal advice from an experienced estate planning lawyer.Beneficiaries with special needsIf you have beneficiaries or financial dependants with special needs such as a child with a disability, battling addiction, mental health or similar issues, it is very important that you receive personalised legal advice.Ways to minimise the likelihood of family conflictMoney and grief do not mix well. Otherwise healthy family relationships can turn sour when money is involved. But there are some steps you can take to minimise the chance of your family members fighting over your estate.Have difficult conversations You invite conflict if your wishes surprise your beneficiaries. The best thing to do to avoid this is be brave and have (sometimes difficult) conversations so that everyone knows your wishes before you pass away. For example, if you intend to exclude someone that may expect to be a beneficiary, distribute your estate unevenly or leave specific assets to certain people, be as open as you can about this.Use offset clauses in your will If one of your beneficiaries (often children) has received a higher level of financial support or an early inheritance, then offset clauses can equalise entitlements across all beneficiaries, if that is your wish.An offset clause will say something to the effect that any support already received by a beneficiary will reduce their entitlement. It is important to maintain clear records that are readily available to your executors. If possible, making all beneficiaries aware that any financial support you provide whilst you are alive will reduce their entitlement under your will is helpful.Keep assets out of your estate Your will covers the assets in your estate. Typically, that includes any assets owned by you personally. Assets that are not included in your estate include:assets held in a discretionary family trust that you are not presently entitled to;monies held in superannuation; andassets owned jointly with other parties e.g. the family home. When a joint owner passes, ownership automatically passes to any surviving joint owners.Therefore, if you are worried that your will could be challenged or could create family conflict, the best thing to do is minimise assets that are owned by you personally.Make gifts while you are alive Gifting monies or assets whilst you are alive is one way to avoid any potential conflicts. This also provides some practical benefits. Firstly, it’s likely that receiving monies sooner often assists your beneficiaries. Secondly, you will enjoy witnessing the positive outcomes that these gifts create.Superannuation death benefit nominationsSuperannuation monies are not included in your estate. Instead, the trustee of your super fund must decide who to pay your superannuation monies to. As such, most super funds allow members to complete “binding death benefit nominations”. Often these nominations must be updated every 3 years.Your nomination options include your spouse, children, interdependent relationships (i.e. where you provide financial and domestic support) or your estate. In most circumstances, it is advisable to nominate a financial dependant/s (spouse and/or children), as this will ensure the benefit payment will not be taxed.Steps you can take if you expect to receive an inheritanceIf one of my clients is to receive an inheritance, it would be my preference that they receive this in a testamentary trust.The main benefit is that a testamentary trust can distribute income and capital gains to a minor and they are taxed at adult tax rates. This means children and grandchildren under the age of 18 can receive approximately $20,000 p.a. tax free.Therefore, if you expect to be included as a beneficiary under a will, it is in your best interest to ensure the testator (e.g. your parents or family member) has included a testamentary trust in their will. I appreciate that this can sometimes be a difficult subject to discuss with family.Flexible will plus a letter of wishesIt is advantageous that wills provide wide powers so that your executor is able to achieve the outcomes that you desire. For example, if one of my sons becomes addicted to gambling or drugs, I don’t want my executor giving them large sums of money. That is why you don’t want to be too codified in your will.Instead, I prefer to keep my will such that the executor/s has wide powers as well as providing my executor with a letter of wishes. A letter of wishes is a non-binding document that sets out the manner in which you wish your executor to exercise their discretion. It can include any and all information that you feel is relevant. It might address the circumstances when, and when not to, distribute monies and any other matters. You don’t need a lawyer to draft a letter of wishes. You can draft it yourself and update it at any stage.Power of attorneyIt is important that you and your spouse have enduring (1) financial and (2) medical power of attorney’s so that important decisions can be made, and documents executed, in the event that you are not available or able to do so for yourself.Review your will regularlyA will must be prepared to accommodate your current circumstances and wishes. It is not always possible to draft a will that will accommodate all possible circumstances. For example, if you have young children your will might be structured differently than if you had well-established, adult children. Therefore, you need to review your will every 1-2 years to ensure its still current and the executors are still appropriate.Most potential problems can be avoided with good planning and adviceMaking sure that your estate planning documents are set up correctly really doesn’t take a lot of time. Also, it would be unlikely that you would need to make any substantial changes to them more often than every 10 years or so. Often it doesn’t need to be complex. A small amount of time invested in making sure your affairs are in order can save your family members a lot of heartache.

"U.S. election and the markets" "Estate planning" "Testamentary trusts" "Estate bond" See omnystudio.com/listener for privacy information.

Testamentary trusts are a commonly used estate planning tool. In this podcast, we discuss a range of tax related issues surrounding testamentary trusts including:Tax concessions for minor beneficiariesStreaming trust incomeTaxation of super death benefits See acast.com/privacy for privacy and opt-out information.

Nibley discusses the parallels between symbols and imagery in the Christian and Jewish Apocrypha and the Book of Mormon. He discusses the similarities in the writings of Baruch, Enoch, Ben Serak and others to those of Lehi, Nephi and Samuel the Lamanite. The council of Heaven as shown to Lehi is common in Testamentary literature. Parallels from the treasury literature. Part 2 will follow next week.

JOIN NOW: Probate Mastermind And Networking Community: https://www.facebook.com/groups/alltheleadsmastermindPROBATE LEADS: https://alltheleads.com/probate-leadsPROBATE MASTERY COURSE: www.ProbateMastery.comFULL EPISODE SUMMARY AND RESOURCE LIST ON ALLTHELEADS.COMLearn how to find fix and flips that meet the 70% rule for real estate investing. Chad shares his strategy for winning face-to-face appointments and preventing squatters at the same time. Chad, Bruce, and Patti discuss three ways to monetize leads that are keeping or have already sold the property. Probate Real Estate Expert Rodger Lecy gives advice for agents and investors in small markets - You can really make BIG MONEY.Call Re-Cap (Time Stamps link to YouTube)Preventing Squatters: Win Appointments With THIS Strategy (1:34)INVESTOR BEST PRACTICES: Winning Multiple Offer Situations WITHOUT Raising Your Offer (4:30)Take This Probate Course As Many Times As You’d Like: Probate Mastery (9:07)Squatters and Vacant Insurance Policy: Two Ways To Win Appointments With Sellers While Cold Calling (9:45)Finding Real Estate In Trusts/Entities Outside of Probate (11:59)Overcoming Objections: “How Much Does This Cost?” Objection [Role Play] (16:34)Deal Structuring: Medicaid Liens, Special vs. General Warranty Deeds, and Mitigating Risk (23:03)The 70% Rule in House Flipping: How To Find The Deals Cash Buyers Are Looking For (34:15)The BEST Referrals: Out-of-State Personal Representatives (35:49)Small Market or Big Market: How To Succeed With Probate Real Estate (43:40)Nurturing Probate Leads Before Letters of Testamentary are Issued (49:04)How To Find and Fund Fix and Flip Properties: Probate Wholesaling and Investing (52:14)Probate Expert Rodger Lecy Shares Advice For Making BIG MONEY in SMALL MARKETS with Probate Real Estate (59:05)Full Mastermind Playlist on YouTubeJoin the Probate Mastermind Group on FacebookCHAD CORBETT'S PROBATE REAL ESTATE CERTIFICATION COURSE: www.ProbateMastery.comSupport the show (http://www.facebook.com/groups/alltheleadsmastermind)

In this podcast, the View Legal team explore the following topic ‘When Trust Distributions Go Bad’ which was held on 11 June 2020. This podcast is a take out of that session. For access to more webinars and resources join one (or all) of the View Communities. During this extract of the webinar, you will learn about Many specialist advisers have business plans that consist of one word - ‘trusts’. The range of issues that can potentially undermine the intentions of a trustee when attempting to make trust distributions is almost limitless. The time to be planning appropriate crafting distributions is before an impending 30 June.  This presentation will methodically address a number of common scenarios that see purported distributions fail, including: understanding the way in which beneficiaries are defined; clauses excluding the trustee as a beneficiary; implications of non-resident beneficiary laws; the remoteness of vesting rules, including with trust to trust distributions; and adviser liability due to failed distributions. Reminder to View Community members – join us in the FaceBook group for a deeper conversation about this topic and how you can leverage your learnings for your customers. Not a member? Learn about View’s online mastermind communities below to see which one (or three) suits the needs of you and your business. Techniview - For advisers working in holistic estate planning (including trusts, asset protection, superannuation, tax and business succession) Adviewser - For advisers wanting to facilitate legal solutions for their clients in holistic Estate Planning Viewruption - For professional service providers wanting to iterate their business model (including abandoning timesheets) Some of the resources that View Legal has on offer that may be of assistance include: View apps Weekly View blog Published View books   Related articles Testamentary trusts overview 20 Point Checklist – Trust Review Podcasts #33 – ASSET PROTECTION MASTER CLASS  #29 – TRUST HORROR STORIES Listen to View’s previous episode here.  

Peter Mallouk and co-hosts, Attorneys Annie Rogers and Chrissy Knopke, discuss the role of a testamentary trustee, and how it can differ from an executor or successor trustee. Though seemingly a no-brainer, choosing a family member is often ill-advised.  Listen in as we explore these topics in the latest podcast episode.A Matter of Trust, hosted by Creative Planning President Peter Mallouk and attorneys Annie Rogers and Christina Knopke, is a thoughtful, informed discussion about ideas, trends and developments in estate planning. Our mission is to educate and inspire people to make better financial choices through knowledge, tools and strategies that ensure a more prosperous future.Important Creative Planning legal disclosure: http://bit.ly/2DC250b

Peter Mallouk and co-hosts, Attorneys Annie Rogers and Chrissy Knopke, discuss the role of a testamentary trustee, and how it can differ from an executor or successor trustee. Though seemingly a no-brainer, choosing a family member is often ill-advised.  Listen in as we explore these topics in the latest podcast episode.A Matter of Trust, hosted by Creative Planning President Peter Mallouk and attorneys Annie Rogers and Christina Knopke, is a thoughtful, informed discussion about ideas, trends and developments in estate planning. Our mission is to educate and inspire people to make better financial choices through knowledge, tools and strategies that ensure a more prosperous future.Important Creative Planning legal disclosure: http://bit.ly/2DC250b

These episodes are recorded live every Thursday at 1pm EST.Make sure you join the All The Leads Mastermind Group on Facebook! It’s a great way to stay up to date with new information, network with others for referrals and advice, and stay motivated! Updates on any new training events or any call rescheduling are also posted in real time to our Mastermind Group.More information on probate leads and marketingTODAY'S TOPICS (YouTube Timestamps. Please Use the Chapter Features to navigate within the podcast)Bill Janiga Describes What Deals Are Closing NOW (0:38)Crafting a Value-Proposition for Attorneys (7:38)Creating Custom Audiences to Market on Social Media (11:18)Transaction Engineering: How Can We Sell Two Lots and A House? (17:10)How to Deal With A Difficult Heir (22:40)Testimonials That Win Seller Prospects AND Attorney Interest (31:30)My Leads Are Still Waiting for Letters of Testamentary. Next Move? (38:34)Done is Better Than Perfect (47:26)Same Probate, Different Case Numbers? (50:23) Facebook Strategy: Brand Awareness, Credibility, Conversions (54:10)Take Chad Corbett's Certified Probate Expert course: Probate MasteryGet probate leads and marketingSupport the show (http://www.facebook.com/groups/alltheleadsmastermind)

A will determines how an individual's estate and assets will be divided amongst family members and other heirs upon their passing. But in some cases, a will can be challenged or contested in Iowa if there are reasons to doubt its authenticity. A #will cannot be contested simply because an heir or potential heir does not agree with its terms. A will in #Iowa can only be contested for the following reasons Read more in the article at: https://www.oflaherty-law.com/learn-about-law/lack-of-testamentary-capacity-in-iowa-will-contests Have any questions that weren't answered here? Let us know in the comment section! Subscribe to BLTV for daily Learn About Law videos: www.youtube.com/channel/UCY4QhGg-zwgUIthoK3EdyjA If you are in Illinois or Iowa, and would like to make an appointment with an attorney, O'Flaherty Law would be happy to help. If you would like to schedule a free consultation or receive paid legal advice, go to: www.oflaherty-law.com or call our office directly at (630) 324-6666. Learn About Law is part of the Business Lounge Network, offering convenient and affordable office space in the Chicagoland area. Escape the noise of a crowded office or home and instead work in our professional and calm environment built to suit your business needs. For news on free events, membership offers and more, visit www.BusinessLoungeNetwork.com. Do you have marketing, editing or audio/video production needs for your business, podcast or website? Want to be a part of the BLTV network? Let us know what we can do for you by calling us at 630-324-6666 or by emailing us at david@businessloungenetwork.com. More Learn About Law videos, podcasts, and articles: www.learn-about-law.com Learn More about O'Flaherty Law: www.oflaherty-law.com Like us on Facebook for daily videos: www.facebook.com/oflahertylaw/ O'Flaherty Law has convenient offices located in Downers Grove, Elmhurst, Naperville, Tinley Park, St. Charles, and Lake in the Hills, Illinois and Davenport, Iowa, serving DuPage County, Will County, Cook County, Lake County, McHenry County, and Scott County and the Quad Cities area. Its attorneys focus on providing quality legal work, above-and-beyond customer service, and affordable rates in the following practice areas: divorce & family law; estate Planning, wills & trusts; probate & estate administration; litigation, civil law & dispute resolution; business representation & corporate law; guardianship, elder law & special needs law; residential & commercial real estate law; immigration; bankruptcy; and DUI law and traffic & criminal defense. O'Flaherty Law is proud to offer a free initial consultation in most areas of law. The free consultation will provide general answers on what we can do for you regarding a legal matter, specifics on what services we provide, and brief explanations on what your options for legal service may be. A free consultation does not include free legal advice or answers to specific legal questions relating to your matter. Free consultations last no longer than 30 minutes, but a full 30 minute consultation may not always be required. None of the content in this series is intended as paid legal advice. Subscribe to our channel for daily videos dedicated to law and business. www.youtube.com/channel/UCY4QhGg-zwgUIthoK3EdyjA

We are back with Lav Chhabra of Perpetuity Legal for part 2 of our estate planning special on the #mastersoffinace podcast. The first time around we covered some of the really important points and roles of a will but in this episode we have a look at some of the more complex situations.   Are you part of a blended family? Have you made adequate provision for everyone in your will? What eve is ‘adequate provision’? If these are questions you can’t answer then have a listen for some hot tips to solving these problems along with how we can get the most out of a testamentary trust for your estate and beneficiaries.   If you would like to get in contact with Lav please visit www.perpetuitylegal.com.au where you can find more information about him and the firm along with all his contact details.   For more information on anything you have heard in this podcast or any previous episodes, please head on over to www.moranfp.com.au to get in touch with Alex or Chris.   The material and information discussed in this podcast are for general information purposes only. You should not rely upon the material or information in this podcast as a basis for making any investment, legal or any other decisions.   Whilst the podcast hosts, guests and any entity with which they are associated endeavour to make sure that the information presented is factually correct, we have not factored in anyone personal circumstances and make no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or availability with respect to the discussion or information, products or services for any purpose.  Any reliance you place on such material is therefore strictly at your own risk.

Welcome to Series I of the Langley & Banack Podcast series.  This series covers Will Contest focused Fiduciary Litigation and is hosted by Chris Hodge and Jobe Jackson, attorneys on our Estate, Trust and Fiduciary Litigation team. Today's Episode: What to do when a loved one passes?  Chris and Jobe will explore the steps and the process you will go through to execute a loved one’s Last Will & Testament.Mentions from the show:Langley and Banack WebsiteChris Hodge BioJobe Jackson BioLangley and Banack Podcast Website

This episode is part one of our three part series on e-wills. Jen, Ross, and Justin will take a look at the different types of e-wills and the pros and cons of using e-wills. For comments, questions, or suggestions, e-mail us at digitalplanningpodcast@gmail.com.

This episode is part one of our three part series on e-wills. Jen, Ross, and Justin will take a look at the different types of e-wills and the pros and cons of using e-wills. For comments, questions, or suggestions, e-mail us at digitalplanningpodcast@gmail.com.

In this episode Chris and Alex explore some of the options available around estate planning so that what you want to happen when you kick the bucket, actually happens. We have a look at some things that need to be in your Will, briefly discuss testamentary trusts, and look at how to transfer assets to without them passing through your estate in case of potential challenges to your Will. Have a listen. You can get in touch with us by getting on twitter and looking for @PlaWealth or @AlexHont.

After a Louisiana resident passes away, a surviving loved one often goes to the deceased's bank, credit union, or brokerage firm, in an effort to settle the estate of their loved one. The financial institution promptly responds by saying something like, "Your loved one's accounts at this financial institution are all frozen. You must bring back "Letters Testamentary" or "Letters of Administration" in order to gain access to funds.These days, the financial institutions are asking for the wrong things. They should be requesting "Letters of Independent Executorship" or "Letters of Independent Administration."Since 2001, Louisiana has authorized the independent administration of estates - less court supervision. Virtually all Wills written since 2001 authorize this procedure. And if a Will does not authorize it, then the heirs can agree to operate under this independent administration procedure.After a death, when the family gets the executor confirmed, and if the executor is acting as an independent executor (which is the case in an overwhelming majority of Successions), the court does not issue "Letters Testamentary." The court issues "Letters of Independent Executorship."So the bank requests Letters Testamentary, and then we have to tell them that we will not give them what the bank is requesting. We will give them Letters of Independent Executorship.It would be easier on everyone if the financial institution tells the survivors of its clients and customers that they can bring in the Letters of Independent Executorship to gain access to the funds of the deceased.To some, this may seem to be a trivial matter. But when we deal with so many confused survivors, anything the legal and financial industries can do to help those in need at a difficult time would make everyone's job easier. Just my two cents.This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.Paul RabalaisLouisiana Estate Planning Attorneywww.RabalaisEstatePlanning.comPhone: (225) 329-2450

Senior Australian lawyer Rod Genders gives a quick (5 minute) overview of Testamentary Capacity - an increasingly common and important problem as Australia braces for a projected tripling of Alzheimer's in our rapidly ageing population. Learn more: https://www.genders.com.au

Are you unsure if your client has capacity to make a will? What should you do? We examine key cases surrounding testamentary capacity and practical measures that solicitors can take to ensure the risk is minimised and that the client’s will has the best chance of being upheld in a capacity challenge.

Are you unsure if your client has capacity to make a will? What should you do? We examine key cases surrounding testamentary capacity and practical measures that solicitors can take to ensure the risk is minimised and that the client's will has the best chance of being upheld in a capacity challenge.

Are you unsure if your client has capacity to make a will? What should you do? We examine key cases surrounding testamentary capacity and practical measures that solicitors can take to ensure the risk is minimised and that the client's will has the best chance of being upheld in a capacity challenge.

Should you be able to discriminate in a will? In 2016, the Ontario Court of Appeal ruled in Spence v BMO that if someone has made a will and their intention is clear, then no one can really challenge that will. At first glance, this sounds reasonable; people should be able to do what they want with their property when they die, but what if their will is being used in a discriminatory way? We spoke to McGill University Professor Angela Campbell and wills and estates practitioner Ian Hull about testamentary freedom and whether courts are willing to balance this concept with protections against discrimination. This podcast is by Karine Bédard and Meghan Pearson, Editors for volume 63 of the McGill Law Journal.   Produced by Karine, Meghan, and Emma Noradounkian, Podcast Editor for volume 63 of the McGill Law Journal.

This is a podcast of the webinar ‘Testamentary trusts – bespoke planning opportunities’ held on 18 August 2015. The webinar was presented by specialist View team members Carrie Payne and Matthew Burgess. The ongoing evolution of all aspects of estate planning has increasingly seen more creative uses of testamentary trusts. This presentation explored a range of planning opportunities for testamentary trusts including: Planning in relation to assets that do not otherwise form part of a will maker’s estate; Tax treatment of each asset class owned via a testamentary trust; The attitude of the Australian Taxation Office towards testamentary trusts and various planning strategies; Testamentary trust cloning and splitting Bespoke company constitutions and fettering of a trustee’s discretion; and Changing the domicile of a testamentary trust.

This is a podcast of the webinar ‘Testamentary trusts: key revenue issues’ held on 29 October 2014. The webinar was presented by Tara Lucke and Matthew Burgess, directors of View and widely recognised as two of Australia’s leading revenue focused lawyers in this area. This 90 minute presentation specifically addresses: Distributions from testamentary trusts, including: distributions to minor beneficiaries external accretions to testamentary trusts after death the treatment of capital gains Implications of holding a main residence in a testamentary trust The transfer of assets from: the will maker to the LPR the LPR to the testamentary trust the testamentary trust to a beneficiary during the term of the trust and on vesting.

Today on Hull on Estates, Andrea Buncic and Natalia Angelini discuss the concepts of Testamentary Capacity and Undue Influence in relation to Narcissistic Personality Disorder, and other mood disorders. This topic was recently presented by Ian M. Hull and Dr. Kenneth Shulman at the 17th Annual Estates and Trusts Summit on November 4, 2014. If you have any questions, please email us at  or leave a comment on our blog page.

Join Founder and CEO of Thompson & Associates, Eddie Thompson, as he speaks with President Cayce Powell, MBA, J.D., FCEP, discussing bequests and other forms of testamentary gifts. In this podcast, they will cover the following points, and more: 1. How can a donor make these types of gifts? 2. Does it require a donor to rewrite their Will? 3. Can a donor change the beneficiaries once they have been established? 4. How can a donor ensure that their spouse is taken care of first and foremost? 5. What are the drawbacks to consider with these types of gifts? 6. What are the options available to leave a bequest in a Will? 7. Are there advantages to having charitable donations come from a retirement account as opposed to coming out of an estate? DEV – The Development (DEV) podcasts, hosted by Thompson & Associates CEO Eddie Thompson, share wisdom from some of the nation’s most seasoned professionals on a wide variety of fundraising-related topics. www.ceplan.com

Men's Family Law - Nationally recognized Father's Rights expert David Pisarra explains the three types of evidence, Physical, Documentary and Testamentary. In this podcast he covers, briefly, the Hearsay Rule, the difference between meaningful evidence to you and relevant evidence to a judge. The types of documents that you'll need to prepare and compile for a child custody battle are discussed. In this week's interview, David interviews Eric Dearman the author of Evidence Strategies for Child Custody. His website is www.CustodySimplified.com. The interview covers how Eric got involved with this subject as a result of his own case, and why he's carrying the message to other fathers about how to prepare their documents in a format that works to get them more effective counsel and for those precious few moments in front of a judge.

A person who creates a will should try to make accommodations to ensure that the will is not subject to a will contest in probate court after their death.  Often times, a will contest may deplete much of the estate and leave little money for your relatives.  There are various ways to contest a will.  Today, we are talking about lack of testamentary capacity.  

This week on Hull on Estates, Paul Trudelle and Natalia Angelini discuss testamentary capacity issues as they arise in estate matters. Wills require the highest level of capacity and testators need to demonstrate that they are of a sound and disposing mind. Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

In this week's episode of Hull on Estates, David Smith and Diane A. Vieira discuss the issues surrounding spousal exclusion from the will of the deceased and how to challenge this exculsion.

During Hull on Estates Episode #64, David Smith and Natalia Angelini discuss holograph wills generally with specific consideration of the

During this pod cast on testamentary capacity, we discussed the following:         (i)     the requirement of a "disposing memory";     (ii)    age-related "incapacities";     (iii)    the Re Bohrmann and Fulton v. Andrew decisions; and     (iv)    the practicalities of determining testamentary capacity.    

Episode 6 - Testamentary Capacityage restrictions to keep in mind when drafting a willrequisite mental capacitythe issue of insane delusions

Episode 2 - Testamentary capacity the solicitor's role the court's role defining testamentary capacityBanks v. GoodfellowLeger v. Poirier