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            FAQs

            Frequently Asked Questions

            We are committed to treating each client the same way we want to be treated – with courtesy and compassion.

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            . Another applies to the non-marital share of your estate, or if you are not married: . Interestingly, your surviving spouse only gets all of your probate estate if you die intestate “without issue”, meaning without any living descendants at all. Otherwise, if you die intestate and are married, your spouse will receive one-half or more of your probate estate, together with his or her survivorship to your joint and beneficiary designation assets in his or her favor.

            , exempt property: , and family allowance:  statutory and constitutional provisions: , also affect an intestate estate.

             and , as well as spousal elective share protection: . In effect, this means that either a client must plan with knowledge of applicable statutory, constitutional, and current case law considerations and restrictions in mind, or try, to the extent legally and practically possible, to work around such considerations and restrictions via techniques such as pre-nuptial agreements, post-nuptial agreements, life insurance planning, use of business entities, and other planning techniques applicable to the specific client’s post-mortem planning goals. All the while, keeping in mind that estate creditors, and income and estate taxation, may also affect the decedent’s final estate after death.

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            .  In addition to a revocable trust, a client in some instances may benefit from an irrevocable trust.  Usually, this is either motivated by asset protection, Medicaid preplanning, or special needs planning considerations specific to the client’s own unique situation.   Often the trust design settled on will need to be coordinated with a client’s retirement plan, insurance plan, and financial plan.  Trust planning is more complicated and has more ambitious disability planning, chronic illness planning, and post-mortem plan goals than does basic will planning.