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Here are timely answers to the Top 10 most frequently
asked estate planning questions. After you've familiarized yourself
with the issues, you'll be ready to take steps to preserve your wealth
through effective estate planning.
- Why do I need an estate plan?
- If I don't create an estate plan,
won't the government provide one for me?
YES. But your family may not like it. The government's estate plan is called "Intestate Probate" and guarantees government interference in the disposition of your estate. Documents must be filed and approval must be received from a court to pay your bills, pay your spouse an allowance, and account for your property and it all takes place in the public's view. If you fail to plan your estate, you lose the opportunity to protect your family from an impersonal, complex governmental process that is a burden at best and can be a nightmare.
Then there is the matter of the federal government's death taxes. There is much you can do in planning your estate that will reduce and even eliminate death taxes, but you don't suppose the government's estate plan is designed to save your estate from taxes, do you? While some estate planners favor wills and others prefer a Living Trust as the Estate Plan of Choice, all estate planners agree that dying without an estate plan should be avoided at all costs.
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- What's the difference between having
a will and a Living Trust?
- The possibility of a disabling
injury or illness scares me. What would happen if I were mentally
disabled and had no estate plan or just a will?
- If I set up a Living Trust, can
I be my own trustee?
- Will a Living Trust avoid income
taxes?
- Can I transfer real estate into
a Living Trust?
- Is the Living Trust some kind of
loophole the government will eventually close down?
- Isn't a Living Trust only for the
rich?
- Can any attorney create a Living
Trust?
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