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Author: David Ledbetter

Does a No-Contest Clause Really Mean No Contest?

Posted on September 5, 2023 | by David Ledbetter

We live in a litigious society. Unfortunately, sometimes even family members file lawsuits because they are dissatisfied with what their parents or loved ones leave them in a will or trust. Some are so displeased that they decide to contest or challenge the validity of a will or trust, Continue reading →

Posted in Client, Estate Planning

Why You Want to Avoid Intestacy

Posted on August 29, 2023 | by David Ledbetter
Studies continue to show that the majority of Americans die without a will or any form of estate planning. Estate planning is a crucial aspect of securing your family’s financial future and ensuring your wishes are respected after you’re gone. While the reasons for not having a will Continue reading →
Posted in Client, Estate Planning, Probate

Maximizing Your Impact: Giving Strategies in Estate Planning

Posted on August 22, 2023 | by David Ledbetter
When it comes to estate planning, many individuals seek ways to pass on their assets to loved ones while also maximizing tax benefits and ensuring financial security for themselves and their families. One effective strategy to achieve these goals is by including various giving options Continue reading →
Posted in Estate Planning, Trust Administration

When to Consider a Testamentary Trust

Posted on August 15, 2023 | by David Ledbetter

Avoiding probate is one of the main reasons that many people create a revocable living trust during lifetime instead of relying on a will to transfer their money and assets to their beneficiaries after their death. Probate is the court process that proves the validity of the will Continue reading →

Posted in Probate, Trust Administration

Bills and Services to Cancel – and Keep – When a Loved One Dies

Posted on August 8, 2023 | by David Ledbetter

A loved one’s passing is challenging on many different levels. In addition to the emotional difficulty of processing someone’s death, there are also the many tasks that must be dealt with, such as going through their various accounts and taking the necessary steps to cancel them or Continue reading →

Posted in Client, Probate

Should the Trustee of My Trust Be Different During My Incapacity Than at My Death?

Posted on August 1, 2023 | by David Ledbetter
When you create a trust, choosing a trustee is one of the most important decisions you will make. If you create a revocable living trust, a trust that you establish during your lifetime that you can revoke or amend, you may choose to act as the initial trustee of your trust. In this Continue reading →
Posted in Client, Estate Planning

Estate Planning Concerns for the Self-Employed

Posted on July 25, 2023 | by David Ledbetter

Being self-employed is no easy endeavor. You are the owner, and in some cases, the only employee. While you may have more freedom than the average worker, you carry a load of responsibilities. Working together, we can craft a comprehensive estate plan that will help you address important Continue reading →

Posted in Client

What is a Devise in My Estate Plan?

Posted on July 18, 2023 | by David Ledbetter

If you are thinking about creating an estate plan, you may hear some new and confusing terms. Although many of us estate planning attorneys try to create planning documents that are readable and easy to understand, we are required to use terms and phrases that are unfamiliar outside Continue reading →

Posted in Client, Estate Planning

What Not to Include in Your Estate Planning Documents

Posted on July 11, 2023 | by David Ledbetter

Estate planning is an important process that addresses care of you and your assets during time that you may be incapacitated, and facilitates the transfer of ownership of your assets to your family and loved ones when you pass away. For this transfer to be as stress-free and efficient Continue reading →

Posted in Estate Planning

Estate Planning Lessons from Benjamin Franklin

Posted on July 4, 2023 | by David Ledbetter

Estate planning is a crucial process that allows individuals to protect their assets and ensure their wishes are carried out after their passing. Benjamin Franklin, one of the Founding Fathers of the United States, left behind a rich legacy, not only in his accomplishments but also Continue reading →

Posted in Estate Planning

The Importance of Personal Property Planning in Your Estate Plan

Posted on June 27, 2023 | by David Ledbetter

When it comes to estate planning, many people tend to focus on creating a will or establishing trusts to distribute their financial assets and real estate. While these are crucial components of a comprehensive estate plan, it’s equally important to consider the distribution of personal Continue reading →

Posted in Estate Planning

Why You Need an Estate Plan for Digital Assets

Posted on June 20, 2023 | by David Ledbetter

In today’s increasingly digital world, our lives are intertwined with technology. We rely on smartphones, computers, social media platforms, and online accounts for various aspects of our personal and financial lives. However, many families underestimate the importance of including Continue reading →

Posted in Client, Estate Planning

Investment and Distribution Trustees: Why Would I Need Both?

Posted on June 13, 2023 | by David Ledbetter

When creating a trust, it is common to name yourself as the initial trustee who is responsible for all aspects of administering the trust. However, when considering who will act next, when you can no longer act because of illness or death, it is sometimes helpful to divide the responsibilities Continue reading →

Posted in Client, Estate Planning, Trust Administration

Estate Planning for Independent College-Bound Children

Posted on June 6, 2023 | by David Ledbetter

As our children grow into young adults and prepare for college, their journey towards independence becomes a priority. However, it’s crucial to consider their legal and financial well-being, especially since parents no longer have legal authority over their children once they reach Continue reading →

Posted in Client, Estate Planning

Choosing the Right Trustee for Your Living Trust: Why a Professional Might be the Best Option

Posted on May 30, 2023 | by David Ledbetter

Creating a living trust is an excellent way to protect and manage your assets, prepare for your possible incapacity, and provide for your loved ones. One crucial decision you’ll need to make as you establish your trust is selecting a trustee. While you may consider a family member Continue reading →

Posted in Client, Estate Planning

Joint Trusts for Unmarried Couples

Posted on May 23, 2023 | by David Ledbetter

Joint trusts are commonly used for married couples, especially in states where there is no state estate tax, where the couple is in a stable relationship, and where they do not have many creditor concerns. Compared to separate trusts, they are easier to fund and manage, allow the Continue reading →

Posted in Client, Estate Planning

The Importance of Planning for Incapacity

Posted on May 16, 2023 | by David Ledbetter

As we go through life, we often focus on building our wealth, providing for our loved ones, and planning for the future. However, one critical aspect that is often overlooked is planning for incapacity. None of us can predict when an unexpected accident or illness may strike, leaving Continue reading →

Posted in Client, Estate Planning

Estate Planning for Single Parents and Their Minor Children

Posted on May 9, 2023 | by David Ledbetter

As a single parent, you devote countless hours and endless love to raising your children. While your focus may be on their present needs, it’s crucial not to overlook planning for their future.  It’s essential to take proactive steps to protect their well-being in the event of unforeseen Continue reading →

Posted in Client, Estate Planning

Planning for Incapacity

Posted on May 2, 2023 | by David Ledbetter

As an estate planning attorney, I often see clients who are primarily concerned with planning for the distribution of their assets after they pass away. While this is certainly an important aspect of estate planning, there is another critical area that many people overlook—planning Continue reading →

Posted in Client, Estate Planning

Spousal Lifetime Access Trusts

Posted on April 25, 2023 | by David Ledbetter

If you’re a middle-class individual with significant assets, you may be exploring estate planning strategies that can help you protect and pass on your wealth. One option that has gained popularity in recent years is the use of a SLAT, or a spousal lifetime access trust. In this blog Continue reading →

Posted in Client, Estate Planning, Trust Administration

Including a Limited Liability Company in Your Estate Plan

Posted on April 18, 2023 | by David Ledbetter

There are many legal tools that you might include in your estate plan to protect your hard-earned money and property. One tool that might benefit you is a limited liability company (LLC) that owns some of your accounts and property.

What is a limited liability company?
An LLC is a business Continue reading →

Posted in Client

Garn-St Germain Act

Posted on April 11, 2023 | by David Ledbetter

It is important to let your estate planning attorney know if you own real estate that is subject to a mortgage. Most mortgages include due-on-sale clauses stating that the entire amount of the debt owed on the mortgage is immediately due and payable if the property is transferred. Continue reading →

Posted in Estate Planning

Deathbed Planning

Posted on April 4, 2023 | by David Ledbetter

While it may not be pleasant to think about and plan for your death, failure to plan can cause unnecessary stress and grief for those you leave behind after you pass away. If you do not create an estate plan and update it regularly, you also expose yourself to stress and loss of peace Continue reading →

Posted in Client, Estate Planning

Choosing the Right Trustee

Posted on March 28, 2023 | by David Ledbetter

Whether you are reviewing your existing trust or creating a new trust, you should understand the important role that a trustee plays, not only in handling trust matters but also in providing for and protecting your loved ones.

What is a trust?
A trust is an agreement between the trustmaker Continue reading →

Posted in Client, Estate Planning

Ways Your Will Can Be Revoked

Posted on March 21, 2023 | by David Ledbetter

A will is a foundational estate planning document. Accompanied by other important documents such as healthcare and financial powers of attorney, it is a basic estate plan suitable for many. However, reports have shown for decades that fewer than 50% of US adults have a will. If you Continue reading →

Posted in Client, Estate Planning

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