Author Archives: Andre O. McDonald
How to Minimize the (Voluntary) Federal Estate Tax with Portability
Most people may be surprised to learn that the federal estate tax is considered by some to be voluntary. Estate planning attorneys used to say, “You only pay if you do not plan.” The relatively recent introduction of portability provides yet another planning tool available to married couples to minimize or eliminate estate taxation…. Read More »
Surprise! You Cannot Easily Disinherit Your Spouse
Believe it or not, it is not easy to disinherit your spouse in the United States. In many states and the District of Columbia, you cannot intentionally disinherit your spouse unless your spouse agrees to receive nothing from your estate in a prenuptial, postnuptial, or other marital agreement. However, the same is not true for other… Read More »
Want to Disinherit Someone? This Is What You Need to Know
Disinheritance—the intentional exclusion of a family member, usually a child or spouse, from receiving part of your estate after your death—is more common than you might think. It is also easier than you might think to disinherit a loved one, with a couple of notable exceptions. However, it is not as simple as omitting… Read More »
Three Estate Planning Mistakes Farmers and Ranchers Make—and How to Avoid Them
Farming and ranching is more than just a livelihood; it is about preserving a legacy and a way of life. Unfortunately, many farmers and ranchers fail to create a comprehensive estate plan—or any estate plan at all. Without proper estate planning for farmers and ranchers, the family farm or ranch – passed down for… Read More »
It’s Planning Season
To have a successful farm, thoughtful planning must be done every season. Your life is no different. To properly prepare for the next season in your life and the lives of your loved ones, you need a well-executed estate plan. When crafting a foundational plan to protect yourself, your loved ones, your business, and… Read More »
5 Reasons Uncle Bill May Not Make a Good Trustee
If you have created a trust that you intend to last for decades, selecting the right trustee is critical to ensuring the trust’s longevity and ultimate success. Today, let’s discuss how to choose a trustee. Initially, you may think that a family member (for example, Uncle Bill to your children, who are the initial beneficiaries… Read More »
Do Not Let Your Money and Property Go to the State: Why You Need an Estate Plan
Americans tend to bristle when any level of the government meddles in their private lives, especially with their money. Look no further than the famous “death and taxes” quote for a sense of how Americans feel about bureaucratic creep and government’s sticky fingers. You may take pains to minimize government meddling in your personal… Read More »
4 Tips to Avoid a Will or Trust Contest
Fighting over provisions in your will or trust can derail your final wishes, rapidly deplete your financial legacy, and tear your loved ones apart. However, with proper planning, you can help your family avoid a potentially disastrous fight. If you are concerned about the potential for an estate plan contest, consider the following: Following these… Read More »
Where Is the Best Place to Store Your Original Estate Planning Documents?
Estate planning attorneys are often asked where to store estate planning documents— specifically original wills, trusts, powers of attorney, and healthcare directives—for safekeeping. While there is no right or wrong answer to this question, consider the following: Should you store your original estate planning documents in your safe deposit box? Some people believe that… Read More »
Should I Include My Unborn Child in My Estate Plan?
Estate planning is an exercise in anticipating potential future events that could affect your plans for what happens if you become incapacitated (unable to manage your own affairs during your lifetime) and how your assets (property and accounts) will be handled after your death. The more you plan for what life might throw at… Read More »
