Q&A

Q: My mom, who is divorced, didn’t name any beneficiaries on the only bank account she owned when she died. Can my siblings collect the money without probate?

A: The answer depends on how much money was in the account! If the amount is under $166,250, then yes, you can most likely submit to the bank what we call a “Small Estate Affidavit” to collect the proceeds. Remember, if there is a will that states who the account...

Q: If I set up a living trust, will I still be able to control my financial assets and decisions during my lifetime?

A: We have heard a number of our clients voice this concern over the years, and the short answer is yes, you will have 100% absolute control over all of your decisions, all of your finances, and all of your assets with a revocable trust!  A revocable trust means that...

Q: As an active service member, are there any special considerations I should take in doing my estate planning for my family and children?

Service members have life insurance through Servicemembers’ Group Life Insurance. If you have a living trust, name it as the beneficiary of the life insurance policy. If you have minor children but don’t have a trust, you should definitely create one and name it as...

Q: I’ve heard that I can make a $15,000 ($15,000 per year in 2021 and $16,000 per year in 2022) tax-free gift to someone every year. What happens if I make a $100,000 gift to my child one year? Do I pay a gift tax? Does my child?

2022 update: $15,000 per year in 2021 and $16,000 per year in 2022 A: The short answer is NO: you almost certainly will NOT have to pay any gift taxes. Remember, under current law, you can make $11.58 million dollars’ worth of gifts in your lifetime without incurring...