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Estate Planning Advice on Disinheriting a Child

When considering your estate plan, one of the things you will have to think about is who your beneficiaries will be. If you have a significant estate, this decision is made even more complex.  How will you divvy up your assets, who will receive an inheritance and are there those who you will deliberately exclude?

The decision to leave close family members out of your estate plan is one wrought with difficulty, and it is without doubt an emotional experience. It is surely not a decision made lightly, and it brings with it a lot to think about from a personal and legal standpoint. For the sake of this discussion, we will refer to disinheriting a child, but the advice is also applicable to other close family members. Read more.

3 Easily Avoidable Estate Planning Mistakes

Estate planning is not a topic that many like to think about. After all, planning for our death can be a morbid way to pass the time. But, instead of thinking about the negative, it is important to remember the positive attributes of estate planning – namely, the security and future well-being of your family and loved ones.

Many are intimidated by estate planning, assuming that it is a complicated task and one they needn’t worry about if they do not have a high-net worth estate. Yet, that is untrue, and one of the primary estate planning mistakes people make.

Everyone should have an estate plan, regardless of tax bracket. And, if you have engaged in some form of estate planning, you have already managed to avoid this mistake.

Here are 3 other estate planning mistakes that you can easily avoid. Read more.

Planning Ahead for the Medicaid Look Back Period

It is always a good idea to start thinking about long-term planning early so that you are financially prepared for the future and your mind can be at ease if future hardship should occur. While estate planning is one endeavor that is best tackled early, long-term health care is another important issue and one that will impact you during your life, as well as impacting your family and beneficiaries. Read more.

The Landmark SCOTUS Decision that Impacts your Inherited IRA

In a landmark decision handed down on June 12, 2014, the United States Supreme Court held that inherited IRAs are not protected from creditors in a bankruptcy claim. In Clark v. Rameker, the Supreme Court unanimously held that retirement funds inherited by a beneficiary after the original plan participant’s death are not considered “retirement funds” in accordance with the federal bankruptcy exemptions. Consequently, an inherited IRA may be considered an asset of a bankruptcy estate from which to satisfy creditors’ claims. Read more.

An Introduction to High-Net Worth Estate Planning

Estate planning is an important concern for anyone who desires their affairs be handled according to their wishes after their death.  Planning for high-net worth individuals and families is complex and dependent upon the particular desires of the family.

High-net worth estate planning should be handled carefully, so that your estate, which you’ve worked hard to build, is properly handled and the future of your legacy is secure. Read more.

Estate Planning is for Everyone

A common planning misconception is that only those with vast assets need an estate plan. But, it is important to emphasize that estate planning is not just for the wealthy. For many, the word “estate” conjures up a Downton Abbey-like property and an overwhelming amount of zeros on your bank account balance, but estate planning is a must, regardless of your tax bracket. Read more.

Bitcoin and Estate Planning: Bequeathing Cryptocurrency

With the prevalence of Bitcoin as a form of digital currency, new considerations must be made when it comes to a variety of legal concerns. We recently looked at the repercussions of Bitcoin on divorce, but that is only the tip of the iceberg when it comes to the ways that Bitcoin is influencing how we must think about currency and transferring assets. Read more.

Learn about Bitcoin, Cryptocurrency and Divorce:
“Bitcoin Bitterness Starts to Make Messy Divorces Even Worse,” Hannah George, Bloomberg News (2018) (Jonathan Fields quoted) 
Cryptocurrency and Divorce: A Primer
IRS Notice 2014-21: Virtual Currency Guidance

How Estate Taxes May Impact your Life Insurance Policy

In the process of estate planning, there are many things to consider. An estate planning attorney can be essential to formulating a sound plan that is best tailored to your individual situation and long-term legacy.

Life insurance is a staple of many estate plans, but there is one factor that is often overlooked when people start thinking about life insurance and estate planning: taxes. While life insurance policies can be passed on free of income tax for the beneficiary, the same can not always be said about estate tax. Read more.

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The Boston metro family law, divorce and estate planning attorneys at the law firm of Fields and Dennis LLP are based in the Newton Wellesley area and serve the city of Newton: Auburndale, Chestnut Hill, Newton Centre, Newton Corner, Newton Upper Falls, Newton Lower Falls, Nonantum, Oak Hill, Waban and West Newton and town of Wellesley: Babson Park, Wellesley Hills, Wellesley Square Fields and Dennis also serves many clients in the Greater Boston and Massachusetts region including Ashland, Dover, Holliston, Medfield, Needham, Sherborn, Westwood, and all of Massachusetts.

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