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What is the difference between Chapter 7 11 and 13? Chapter 11 bankruptcy is a business reorganization plan, often used by large businesses to help them stay active while repaying creditors. Chapter 13 bankruptcy eliminates qualified debt through a repayment plan over a three- or five-year period. Do I need a will if I have a trust? If you make a living trust, you might well think that you don’t need to also make a will. After all, a living trust basically serves the same purpose as a will: it’s a legal document in which you leave your property to whomever you choose. But even if you make a living trust, you should make a will as well. Authentic Estate Planning Lawyer is The Law Firm of Steven F. Bliss Esq.

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Finance your charity with a Charitable Trust. These trusts in your estate plan will create a legacy and form a foundation with two types of charitable trusts:
(1) a Charitable Remainder Trust. and
(2) a Charitable Lead Trust.
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A charitable trust described in Internal Revenue Code section 4947(a)(1) is a trust that is not tax-exempt, all of the unexpired interests of which are devoted to one or more charitable purposes, and for which a charitable contribution deduction was allowed under a specific section of the Internal Revenue Code. Consequently, a charitable trust is treated as a private foundation unless it meets the requirements for one of the exclusions that classify it as a public charity. Moreover, it is subject to the private foundation excise tax provisions and the other provisions that apply to exempt private foundations, including termination requirements and governing instrument requirements. However, a charitable trust is not treated as a charitable organization for purposes of exemption from tax. Accordingly, the trust is subject to the excise tax on its investment income under the rules that apply to taxable foundations rather than those that apply to tax-exempt foundations.
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 critical 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. What is the payback provision of a special needs trust? A phrase that refers to a provision sometimes contained in a special needs trust which requires the trust, upon the death of the beneficiary, to use remaining trust funds to repay Medicaid for any benefits the beneficiary received while alive. Legally speaking, you now own nothing, your trust owns everything. Passionate Temecula Special Needs Probate Attorneys. Passionate Temecula Estate Lawyers. One alternative is for the dissatisfied co-trustee to merely to resign as co-trustee or, taking a more aggressive policy, petition the court to remove the other co-trustee.

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What are the disadvantages of a trust? Costs. When a decedent passes with only a will in place, the decedent’s estate is subject to probate. Record Keeping. It is essential to maintain detailed records of property transferred into and out of a trust. No Protection from Creditors. By paying attention to certain life milestones, you can identify the right time to take care of each of your estate planning needs. 2. Gives you a say in who receives your belongings by creating a will; you can name your assets, beneficiaries, and an executor who will carry out your wishes after you pass away. The Law Firm Of Steven F. Bliss is a Temecula probate laywer. PROTECT YOUR ASSETS. Authentic estate lawyer is steveblisslaw com (951) 223-7000. What should I have in addition to a will? Will/trust.Durable power of attorney.Beneficiary designations.Letter of intent.Healthcare power of attorney.Guardianship designations. Is it a good idea to put my house in a trust? The main benefit of putting your home into a trust is the ability to avoid probate. The probate process is a matter of public record, while the passing of a trust from a grantor to a beneficiary is not. Having your home in a trust can also help you avoid a multistate probate process. Can a Personal Representative Decide to Opt-Out of their Duties? An executor or administrator can resign by requesting that from the court. Then the court will appoint a new executor or administrator, although I have not seen that happen, since the amount of money that person will make is enough to make them bite the bullet and get the job done. Would you turn down $13,000 for what is not a horrible job to do? Most people won…t. For more information on Personal Representative In An Estate Plan, a free initial consultation is your next best step. Get the information and legal answers you seek by contacting Steve Bliss today. Credible Temecula Special Needs Trust Lawyers.


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The Probate Process can be long and arduous, typically taking anywhere from 10 months to 18 months for an uncontested Probate Proceeding. If your recipient is a recipient of benefits under a federal government program, such as Medicaid, for instance, then the earnings from your life insurance coverage policy might make your recipient ineligible for additional benefits. Also, bank accounts, saving accounts, insurance policies, etc., will need a death certificate affixed to the accounts. The Law Firm Of Steven F. Bliss is a Temecula Probate Attorney. How do I put my house in my child’s name? The simplest way to give your house to your children is to leave it to them in your will. As long as the total amount of your estate is under $11.7 million (in 2021), your estate will not pay estate taxes. What should you not put in a living trust? Qualified retirement accounts … 401ks, IRAs, 403(b)s, qualified annuities.Health saving accounts (HSAs)Medical saving accounts (MSAs)Uniform Transfers to Minors (UTMAs)Uniform Gifts to Minors (UGMAs)Life insurance.Motor vehicles. How do I not pay a Judgement? Arrange a Repayment Plan. One option you have for stopping a judgement against you is to speak to the creditor before they file any court documents. Dispute the Debt. File for Bankruptcy. Can you put a pension in a trust? Retirement plans themselves cannot be transferred into a trust; those assets must be distributed from the plan first, which triggers income tax on the distribution. If you are older than 72 when you die, money generally must come out of your retirement plan according to the schedule that was required before your death. If you wish to set up a trust as part of your estate planning, it’s advisable to speak to an expert who can help you decide what kind of trust is appropriate for your estate planning needs. A trustor could also take the assets out of a trust, and the Trust would cease to have control over the assets. Bright Temecula Special Needs Attorney.


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Who owns the property in an irrevocable trust? Irrevocable trust: The purpose of the trust is outlined by an attorney in the trust document. Once established, an irrevocable trust usually cannot be changed. As soon as assets are transferred in, the trust becomes the asset owner. Grantor: This individual transfers ownership of property to the trust. What is the best asset protection? Trusts have gained a reputation for being the most effective asset protection tools known today. They have proven to be more effective than any other financial entity at protecting one’s assets from creditor claims, lawsuits, and just about any type of legal threat. The reasons for this are complicated, yet some usual variables discuss the shift in estate preparation. What is the difference between a trust and a special needs trust? So the special-needs trust is a type of trust that is used to provide assets and resources to take care of a person with a disability, while the living trust is a will substitute that I might use in place of having a will for my estate plan. Everyone needs some degree of estate planning. The Law Firm Of Steven F. Bliss is an Probate Attorney in Temecula. Can a trust be a disabled beneficiary? Using a will trust can help you to look after a disabled relative in the future so that it does not affect their benefits. If your loved one is vulnerable or lacks capacity, a will trust can also help: protect them from the risk of financial abuse. So at that time, you are still in complete control of your assets because you are the Trustee of the trust and whoever is Trustee is who manages the assets that the trust owns. The Law Firm Of Steven F. Bliss is an Probate Attorney in Temecula. Best Probate Lawyer is The Law Firm of Steven F. Bliss Esq. (951) 223-7000.

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The Law Firm Of Steven F. Bliss is a Probate Attorney in Temecula. Does the oldest child inherit everything? No state has laws that grant favor to a first-born child in an inheritance situation. Although this tradition may have been the way of things in historic times, modern laws usually treat all heirs equally, regardless of their birth order. You can select the Trustee (or Trustees) who will handle your ILIT. BOOK YOUR FREE APPOINTMENT NOW. Passionate Temecula Special Needs Trust. The Law Firm Of Steven F. Bliss is a Probate Attorney in Temecula. Can you live in a house owned by a trust? There is no prohibition against you living in a house that is going through the probate process. However, when the deceased individual owns the home in their own name exclusively, the estate will go through probate. Unless the home was transferred into a trust, the home would go through probate as part of the estate. Get it finished as quickly as possible. The successor trustee would also manage the trust if you become mentally incapacitated. The Law Firm Of Steven F. Bliss is a Probate Attorney in Temecula. A court can determine that you did so to keep the property and funds out of the hands of a judgment holder if you fund your irrevocable trust while a lawsuit is pending against you.