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Articles on Estate Planning



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Are you looking for information regarding estate planning. If so, you've come to the right place. These articles will help you learn about revocable estate insurance trusts and durable power of attorney. They also offer tips on asset protection and avoidance of probate. What are you waiting for?! Start planning your estate today! And don't forget to bookmark this site for future reference. You will be grateful that you did.

Avoid probate with estate planning

Gifting property is a great way to avoid probate. When one joint owner dies, the other owner automatically passes on their share of ownership to the surviving spouse. However, this method should be done only with the help of a skilled estate planning attorney. This type of planning can prevent many unnecessary problems. Learn more about this proactive way to avoid probate. It's not a quick fix. While gifting has many benefits, it is important to weigh all the options before you make any decision.

Trusts are another option to avoid probate. A properly funded trust will allow you to continue to control the property in it even after you pass away. The trustee, also known to as the settlor or creator of the trust, dies when you pass away. A successor trustee assumes control of the trust property. Trusts may be used to avoid the probate court. They are similar and less stringent than wills.


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An irrevocable trust for life insurance

An irrevocable life insurance trust holds your life insurance policy. The terms of the trust dictate what happens to the money after you die. Your beneficiaries might use the money to pay taxes and care for loved ones. The money is not included with your estate. This means that it can continue growing and protecting your family. Not only will you avoid the estate taxes, but the money from your life insurance trust won't be subject to any tax in your name.


An ILIT is a great tool for estate planning. However, it's important to ensure that you have the policy transferred into the trust. This is a common mistake. They don't receive the full estate tax savings if they transfer their life insurance to a trust. This is a serious mistake. An ILIT, or Inheritance Liability Trust, is a great option for protecting your family's assets.

Durable power to attorney

A Durable Pool of Attorney is a legal instrument that gives certain authority to a named person. While New York law does not have a maximum number of agents, the Principal must decide whether they will act alone or together. By choosing to appoint two agents, the Principal can have one agent manage all of the principal's finances while another acts solely to handle other issues. Although it is beneficial to have two agents, it can cause delays in decision-making.

Another way to make your POA effective is to name a trusted financial manager. This person would then manage your financial affairs in the event of your incapacity. A durable power-of-agent is similar in function to a health care proxy. It gives another person the ability to make medical decisions. You can prepare for anything, regardless of how long your life expectancy. When you think about the possibility of incapacity, the prospect is never pleasant.


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Asset protection

Asset protection planning is crucial for many reasons. A homestead exemption can protect assets from creditors and reduce the risk of litigation against someone who does estate planning. Also, creditors can also apply to insurance policies, so asset protection planning is vital to protect loved ones' assets. Here are some ways to protect your assets. WealthCounsel offers a 6-part series on asset preservation.

You can put assets in trust as part of a good asset protection strategy. An expert estate planning lawyer will advise you on the best ways to protect assets. An experienced attorney will also explain what other planning options are available to you. Your goal is to maximize the value of your estate and make sure your loved ones are taken care of after your passing. These strategies allow you to have peace of heart knowing your estate planning needs are being met.


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FAQ

How do lawyers make their money?

By billing clients at an hourly fee, lawyers are paid for their time spent on legal matters. Hourly rates will vary depending on how complex the matter is and how much experience a lawyer has.

Because they have gained expertise over many years, experienced lawyers are more likely to charge hourly fees.

A less experienced lawyer might be able to charge lower hourly rates, as he/she is able to efficiently handle cases.

Lawyers often receive additional compensation beyond the hourly rate for certain cases. If they are acquitted, for example, criminal defense lawyers might be eligible to receive bonuses.


How many years does it take to become a lawyer?

The truth is that it's not as straightforward as you might think. While you need to be a hard worker for at most four years after graduating high school, there are also other factors.

To be admitted to law school, you will need to pass the exams. You'll then spend two more years studying law.

After all of that, you'll be graduating from law school. Next, you'll return to college to continue studying for the bar exam. You'll be licensed as an attorney after you have passed the bar exam.


What is a pro-bono lawyer?

Pro bono lawyers provide free legal services to those who are unable to pay. These lawyers are often part-time lawyers, but they also work on their own. You can do pro bono work for elderly clients or indigent people.


What is the difference in a personal injury lawyer and one who represents civil rights?

Personal injury lawyers represent individuals who have been injured through no fault of their own. These injuries could include car accidents, slip-and-falls, dog bites, and many more.

The civil rights lawyers represent people whose constitutional rights were violated. Discrimination on the basis of race, gender, religion, disability, or any other factor is an example.


What kind of lawyer is most popular?

The best way to describe this question is to say that there are two types of lawyers. They are transactional lawyers and litigation lawyers. Transactional lawyers are involved in business and contract law. Litigation attorneys deal with lawsuits. A generalist is a lawyer who specializes in both. The "Big Law" attorney is perhaps the best-known example. He or she practices at large firms, and is able to handle many different types cases. Generalists can be either transactional or litigation attorneys.

Transactional lawyers can handle many legal matters including divorces. These lawyers often work on a contingency fee basis. They are only paid if their client wins. If the client loses, then the lawyer does not get paid. These lawyers are also known as "trial lawyer" since they have to go through trials to win the cases.

Litigation lawyers handle lawsuits. They represent clients in courtrooms as well as administrative hearings. Some litigators also do transactional tasks. Some litigators may even draft documents for clients. A company can employ litigation lawyers to defend against a lawsuit brought against it by another firm. They can also be hired by the plaintiff to sue the defendant. Some law firms are solely focused on personal injury cases. Some focus on commercial disputes. Some others specialize in family law.

Lawyers in litigation must be able to present evidence and argue before juries and judges. They need to be familiar with the rules of civil procedure as well as other aspects of law that govern litigation. They must be able and willing to conduct research and analyze issues. And they must be skilled negotiators.


What if I don't want to go to law school but still want to be a lawyer?

Yes, you can!

An unrelated degree is acceptable if the law system and its workings are well understood. Learn how laws interact and what makes them unique.

You should know how to understand and interpret statutes, regulations or court decisions. It is important to understand the basics of administrative, constitutional, contract, criminal, and property law.

To practice law, you need to pass the bar exam. The bar exam measures your law knowledge and ability to use the law in real-life situations. This exam tests your knowledge of the law as well as your ability to read and analyze cases.

The bar exam includes two phases: the written section and the oral section. The written portion consists of multiple choice question. The oral part includes simulated trials. Before you can sit for the bar examination, you will need to prepare for it.

Passing the bar exam is not enough. You must also be admitted to the state where your intention to practice legal profession. There are different admission requirements depending on which jurisdiction you live in. Please check with the State Bar Association for more details.



Statistics

  • A Johns Hopkins study of more than 100 professions found lawyers the most likely to have severe depression—four times more likely than the average person. (rasmussen.edu)
  • According to the Bureau of Labor Statistics, the average annual salary for lawyers in 2020 was $126,930. (stfrancislaw.com)
  • According to a 2019 Robert Half Legal Consulting Solutions survey, 54% of law firms were planning to expand their legal teams. (stfrancislaw.com)
  • Though the BLS predicts that growth in employment for lawyers will continue at six percent through 2024, that growth may not be enough to provide jobs for all graduating law school students. (rasmussen.edu)
  • The nationwide number of first-year students enrolling last fall increased by almost 12%, according to recent data by the American Bar Association. (stfrancislaw.com)



External Links

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How To

How can I get free legal help?

Because there are many lawyers who want your business, it can be very difficult to find a pro-bono lawyer. There are several ways you can go about finding a pro bono attorney. You can ask around at your local bar association, look online for a list of attorneys who offer pro bono services, or check with your state's bar association. You can also find a probono attorney through your local law school. Many law schools offer students the chance to help low-income clients in order to provide them with justice. If none of these options seem like a good fit for you, then you should consider contacting a nonprofit organization such as Legal Services Corporation (LSC). LSC finances organizations in the United States that provide civil legal assistance free of charge to people below the poverty threshold. This organization funds programs that aid low-income persons with housing issues, child support enforcement and family law matters. LSC assists grantees with financial advice and guidance. Some of the services offered include:

  • Financial counseling
  • Assistance in filing for bankruptcy
  • Helping families resolve domestic violence situations
  • Representation in front of administrative agencies

Here are some tips to help you find a pro bono lawyer if you are struggling to find one.

  • Don't waste your time trying to find a lawyer who specializes in your case type. Lawyers who work pro bono often represent clients from different backgrounds, so they may not have the experience to handle your specific case.
  • Look for a lawyer who has experience representing low-income clients. This means the lawyer is familiar with how to effectively communicate with this population.
  • Ask your lawyer if he or she has received any training in the area you are concerned. If you have to deal with landlord/tenant issues for instance, make sure that you ask the lawyer about their experience in these cases.
  • Check to see if the lawyer will accept new clients. Some lawyers only take on certain types of cases, so you won't be able to find one who works exclusively with pro bono clients.
  • Do not trust lawyers who claim that they specialize in a certain area of law. Many lawyers state that they have specialized in other areas but are not knowledgeable about the subject.
  • You should ensure the lawyer has a great reputation. Ask friends and relatives for recommendations. Search online for reviews written by clients.






Articles on Estate Planning