Updating Your Plan After a Divorce Video

Updating your plan after a divorce may be one of the most important things you can do.

But, don’t update your plan after a divorce if you want your ex-spouse to get some of your stuff.

Hi, I’m Gary DeWitt, Estate Planning Attorney in Northwest Arkansas.

Updating Your Plan After a Divorce – Don’t Do It

No, you don’t have to update your estate plan after a divorce.  That is if you want the possibility your ex-wife will get everything.

Updating Your Plan After a Divorce – The Law

In Arkansas, divorce nullifies gifts left in a Will, but doesn’t do anything for beneficiary designations on accounts and life insurance.  And the law is also quiet about what happens to gifts in your revocable living trust.

Updating Your Plan After a Divorce – Life Insurance

Insurance agents get the opportunity from time to time to tell an ex-spouse that they get the proceeds from their ex’s life insurance policy.  This is because their ex forgot to change the beneficiary on the policy.

Updating Your Plan After a Divorce – Second Marriage

What about the case where this was a second marriage?  Do you want her children getting part of your hard earned money?  Or would rather it all go to your children?

So, yes, you need to update your estate plan after a divorce.

More Information

Feel free to call with your questions or to get my free book, “Secrets of Excellent Estate Planning”. The book is also available on my website.

I will show you how to protect what you have today, and what you leave your kids tomorrow.  You’ll be able to take advantage of my estate planning legal strategies without you or your loved ones having to deal with Probate Courts, long delays, and death tax.

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Understanding Special Needs Trusts Video

Special needs trusts help protect special people.

Hi, I’m Gary DeWitt, Estate Planning Attorney in Northwest Arkansas.

 

Understanding Special Needs Trusts: Major Types

Special needs trusts come in many different types that fulfill different purposes.

For your understanding, you need to know that special needs trusts come in 2 major types.

Understanding Special Needs Trusts: First Person Trust

The first is the “first person” special needs trust.  This is a trust setup for a person’s own money.  For example, if somebody that is on benefits got hurt in a car accident and received a large lump sum settlement, a “first person” special needs trust would be used.  This type of trust has one major drawback; Medicaid gets the first opportunity to get paid out of the trust at the person’s death.  You may sometimes hear these referred to as the pooled trust or a d(4)(a) trust.

Understanding Special Needs Trusts: Third Person Trust

The second is the “third person” special needs trust.  This type of trust holds money that never belongs to the person with special needs. So, if mom and dad have life insurance, they can have it paid into a third party special needs trust.  Because the money is only used for the person’s benefit, but doesn’t ever belong to them, the person putting the money into can leave further instructions.

More Information

 

Feel free to call with your questions or to get my free book, “Secrets of Excellent Estate Planning”. The book is also available on my website. 

I will show you how to protect what you have today, and what you leave your kids tomorrow.  You’ll be able to take advantage of my estate planning legal strategies without you or your loved ones having to deal with Probate Courts, long delays, and death tax.

 

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What is a Trust Fund? Video

What is a Trust Fund?  First, you need to have a working definition of a Trust, the we can answer the question.  In short, a trust fund is the pool of assets managed by a trust agreement.

 

Hi, I’m Gary DeWitt, Estate Planning Attorney in Northwest Arkansas.

What is a Trust Fund? Legal Definition of Trust

A trust, legally, is a contract between the trustee and the grantor (the person creating the trust) for the benefit of a third party, the beneficiary.  The grantor gives legal title to the trustee, who then manages the assets in the trust for the ultimate benefit of the beneficiary.

What is a Trust Fund? Definition

A trust fund is the pool of assets managed in the trust.  In other words, it is all the property and stuff that has been legally transferred to the trustee.

Assets in the trust fund can consist of cash, real estate, most stocks, bonds, and much more.

What is a Trust Fund? More Information

Feel free to call with your questions or to get my free book, “Secrets of Excellent Estate Planning”. The book is also available on my website.

I will show you how to protect what you have today, and what you leave your kids tomorrow.  You’ll be able to take advantage of my estate planning legal strategies without you or your loved ones having to deal with Probate Courts, long delays, and death tax.

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Living Will Definition Video – Protect Your Dignity

Living Will Definition – The difference between a Living Will and a Last Will and Testament is like the difference between apples and oranges.

Learn much more by getting Secrets of Effective Estate Planning, Click Here

Hi, I’m Gary DeWitt, Estate Planning Attorney in Northwest Arkansas.

Living Will Definition

The Living Will definition I like to use is that it is a document that describes the healthcare you will get

1. If your end is imminent
2. You lack capacity to make your own decisions
3. You can’t voice or gesture your decisions

Living Will Definition – Major Points

A good Living Will takes into account 2 major things.

The first are the medical procedures that you do not want if the end appears to be near.  You can choose whether or not you get CPR, ventilation, antibiotics, minor surgery, pain relieving drugs, etc.

The second part is your choice for artificial nutrition and hydration.  In other words, a feeding tube and IV for fluids.  You can choose to have neither, one or the other, or both.  Personally, I don’t want a feeding tube.

Living Will Definition – Read Carefully

The only thing to remember when you are filling out a Living Will is to read carefully or get advice from an attorney.  Some Living Wills are worded in the negative and you mark or initial the things you don’t want.

More Information About Living Wills

Feel free to call with your questions or to get my free book, “Secrets of Excellent Estate Planning”. The book is also available on my website.

I will show you how to protect what you have today, and what you leave your kids tomorrow.  You’ll be able to take advantage of my estate planning legal strategies without you or your loved ones having to deal with Probate Courts, long delays, and death tax.

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Durable Power of Attorney for Healthcare Video

A Durable Power of Attorney for Healthcare protects you, your dignity, and your fundamental rights.  You have the fundamental right to make your own healthcare decisions.  Imagine a time that you are at the whim of doctors, their ethics, and the law.

Learn much more by getting Secrets of Effective Estate Planning, Click Here

Hi, I’m Gary DeWitt, Estate Planning Attorney in Northwest Arkansas.

Durable Power of Attorney for Healthcare – Protect Your Affairs

A Power of Attorney for Healthcare is like a Durable Power of Attorney for finances and legal matters.

Your Durable Power of Attorney for Healthcare is a legal document you sign that gives another trusted person, your “agent,” the power to make healthcare decisions when and if you can’t manage your own healthcare affairs.

Durable Power of Attorney for Healthcare – When Does It Protect?

A Durable Power of Attorney for Healthcare takes affect when you can’t understand the consequences of making healthcare decisions and/or when you lack the ability to communicate your desires, even by gestures.  Often a doctor helps make the decision that you lack the capacity to make your own decisions.

Basically, if you are so ill or injured you cannot make your own decisions, your Durable Power of Attorney for Healthcare goes into effect.

If you have the capacity, you may revoke your Durable Power of Attorney for Healthcare.

Durable Power of Attorney for Healthcare – Divorce

And, if you happen to get divorced, a properly written power will revoke your ex-spouse as your “agent.”

More Information

Feel free to call with your questions or to get my free book, “Secrets of Excellent Estate Planning”. The book is also available on my website.

I will show you how to protect what you have today, and what you leave your kids tomorrow.  You’ll be able to take advantage of my estate planning legal strategies without you or your loved ones having to deal with Probate Courts, long delays, and death tax.

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Durable Power of Attorney Definition

Durable Power of Attorney Definition, a Durable Power of Attorney may be one of the most important documents you can ever sign.

Learn much more by getting Secrets of Effective Estate Planning, Click Here

Hi, I’m Gary DeWitt, Estate Planning Attorney in Northwest Arkansas.

Hi, I’m Gary DeWitt, Estate Planning Attorney in Northwest Arkansas.

Durable Power of Attorney Definition: Two Types

Powers of Attorney come in two types.  The first is the Durable Power of Attorney.  The Durable Power of Attorney means that the Power of Attorney stays in affect if you become incapacitated and unable to handle your own affairs.

If a Power of Attorney is not Durable, then as soon as you become unable to handle your own affairs, the Power of Attorney stops.

Durable Power of Attorney Definition: Spell It Out

It is best to spell out in the document whether the Power of Attorney is durable or not.  State laws differ, and can be changed.  Some states make Powers of Attorney Durable by default.  Some states don’t.

More Information

Feel free to call with your questions or to get my free book, “Secrets of Excellent Estate Planning”. The book is also available on my website.

I will show you how to protect what you have today, and what you leave your kids tomorrow.  You’ll be able to take advantage of my estate planning legal strategies without you or your loved ones having to deal with Probate Courts, long delays, and death tax.

 

 

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Will the Government Make Your Vital Decisions?

If you pass without a Last Will and Testament or other Estate Plan, the government has already decided who gets your stuff, when they get it, and how much everybody gets!

Learn much more by getting Secrets of Effective Estate Planning, Click Here

In the Arkansas Code Annotated, Title 28, the Legislature has already written a Will for you by law.  If you don’t write your own Will, then the State’s Will shall be used.

For property subject to probate:

Your spouse gets 1/3rd of all the money and personal tangible property.  Your spouse gets a 1/3rd life estate in all the real estate (real property).  A life estate is a special kind of ownership that only lasts for a lifetime, then ends immediately.  You spouse can’t sell the real estate without permission from all your children.

Your children get the other 2/3rds of all the money, outright.  Your children get the real estate, subject to your spouse’s life estate.

Not to mention, a Judge gets oversight and the final decision, not you.

You can act today to put your plan in the State’s place.

Call (479)717-6300, or CLICK HERE to get the book, “Secrets of Excellent Estate Planning” 

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Estate Planning Costs

Estate Planning Costs from relatively very little to tens of thousands of dollars for large, complicated plans.

Learn much more by getting Secrets of Effective Estate Planning, Click Here

 

Hi, I’m Gary DeWitt, Estate Planning Attorney in Northwest Arkansas.

Estate Planning Costs

The average person thinks that estate planning is beyond their reach.  But, you can start with a plan that only has a Durable Power of Attorney and Healthcare Durable Power of Attorney to keep estate planning costs down.

The next step is to add in more Probate avoidance with beneficiary deeds, POD, TOD, and beneficiary designations.  It is recommended that a simple Last Will and Testament be added now as well.

Most people’s final step is to add a Revocable Living Trust.  This is typically the most expensive of all the documents.  These are complex documents and one error can make the entire Trust fail to do what you wanted it to do.

If you are looking for prices, call me.  I don’t want to publish them on video, not because I’m embarrassed, but because they are subject to change over time.

The best way to find out what your estate planning costs will be is to visit with your estate planning attorney so he can give you a quote based on your needs and goals.

Feel free to call with your questions or to get my free book, “Secrets of Excellent Estate Planning”. The book is also available on my website. 

I will show you how to protect what you have today, and what you leave your kids tomorrow.  You’ll be able to take advantage of my estate planning legal strategies without you or your loved ones having to deal with Probate Courts, long delays, and death tax.

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Estate Planning Trusts – Excellent Estate Planning Tool

Estate planning trusts can be an excellent estate planning and asset protection tool.  But, what kind of trust should you use?

Learn much more by getting Secrets of Effective Estate Planning, Click Here

Hi, I’m Gary DeWitt, Estate Planning Attorney in Northwest Arkansas.

Estate Planning Trusts

Estate planning trusts come in four major divisions.  These 4 divisions break down into two divisions.

The first division is revocable or irrevocable.  A revocable trust can be changed easily during your lifetime or even abolished.  You can take assets out and put assets in at will.  An irrevocable trust for estate planning means the trust cannot be revoked or easily changed.  An irrevocable estate planning trust must usually run its course and terminate on its own.

The other division is living or testamentary.  A living trust is one created during a person’s lifetime.  A testamentary trust is created after passing, usually by a Last Will and Testament.

Estate Planning Trusts – 4 Major Divisions

Combining these, you get the 4 major divisions:

1. Revocable Living Trust
2. Irrevocable Living Trust
3. Revocable Testamentary Trust
4. Irrevocable Testamentary Trust

Of them, only 1, 2, and 4 are typical.

Most Popular Estate Planning Trusts

As far as estate planning trusts are concerned, the most popular is the Revocable Living Trust.  It is flexible, helps protect the assets in the Trust, and the assets in the Trust avoid probate.

For advanced planning, and Medicaid planning, Irrevocable Living Trusts are often created.  One is the Irrevocable Life Insurance Trust, the ILIT.  ILITs own life insurance policies and pay the premiums.  That way, the life insurance payout is not part of the taxable estate.  Another example of the Irrevocable Living Trust is a Trust setup to contain money for people receiving government benefits.

The Irrevocable Testamentary Trust is an advanced Trust in Estate Planning Trusts that is used for benefits planning.  It is typically used to move assets in a Trust through a Will and keep a person qualified for Medicaid.

This was a quick, whirlwind tour of Estate Planning Trusts.

More Information on Estate Planning Trusts

Feel free to call with your questions or to get my free book, “Secrets of Excellent Estate Planning”. The book is also available on my website. 

I will show you how to protect what you have today, and what you leave your kids tomorrow.  You’ll be able to take advantage of my estate planning legal strategies without you or your loved ones having to deal with Probate Courts, long delays, and death tax.

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Estate Planning Doesn’t Have to Be Scary or Complicated

The old saying is that you eat an elephant one bite at a time.  By following a simple and easy set of steps, you will be done before you know it.

Sometimes when you look at doing something big, it seems to be an impossible task.  When you just focus on the final goal, it looks to be impossible to get to the end.  Instead, focus on each step, one step at a time, and before you know it, you have reached your goal.

CONGRATULATIONS!!!  You have taken the a step, on your 5-step journey, towards having an excellent estate plan that fits your unique needs!

Stay focused on each the 5 steps, one at a time, and before you know it, the you are at your goal.

When you reach your goal, you’ll have your financial house in order.  You’ll feel good and get peace of mind knowing that you have done everything for your family you can.

Just going through the process is an eye-opening experience for many people.

After you put your plan in place you will:

• Stop your loved ones and spouse from wasting their time going through the emotional ordeal and financial expense of difficult court proceedings.
• Look after your loved ones.
• Defend your children against financial predators and creditors.
• Secure your rights, liberties, and privacy.
• Shield your family’s privacy from public scrutiny.
• Maintain and preserve control of your choices and money.
• Get your financial house in order.
• Prevent unneeded trouble, frustration, and difficult financial hardships for you and your family.

You should know that you are now at least three steps ahead of most people in your situation.  Just having this information available to you can make a big difference.

You are now just 5 steps away from an excellent estate plan!

Here is an overview of the 5 steps to your excellent estate plan:

Step 1 is to learn about your options and the tools available.  By getting Secrets of Excellent Estate Planning, you are doing just that.  You should at least skim through chapters 2, 3, 4, and 5.  If you have children under 18, then chapter 5 is a must read.

Step 2, learn how not having a plan can affect you.  Read Chapter 7 and understand that there are at least 37 critical mistakes.  Chapter 7 isn’t every mistake, but has the biggest ones.

Step 3, learn the solutions.  Chapters 2 and 3 outline the tools and how the tools benefit you.

Step 4, learn about the benefits.  Chapter 8 has at least 19 smart ways to protect your assets.

Step 5, implement your solution.  Hopefully by the time you get to step 5, after reading and learning, you will be ready to take the last step of your journey.

Please don’t hesitate to reach out to discuss your unique situation.  Seeking guidance from a qualified attorney might be the next step for you, and we look forward to assisting you.

You, personally, are going to feel good that you have done this. Your stress will be relieved, because you know that you’ve taken care of everything that you can take care of.  Your family will be appreciative. You’ll finally be able to relax and enjoy the fruits of your labor.

Avoid the regret of not having taken a simple, easy step.

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3 Estate Planning Myths

Many people have misconceptions and estate planning myths.  Here are 3 estate planning myths.

Learn much more by getting Secrets of Effective Estate Planning, Click Here

Hi, I’m Gary DeWitt, Estate Planning Attorney in Northwest Arkansas.

3 Estate Planning Myths

First, many people believe that estate planning is only for the wealthy and very wealthy.  Wrong.  Everybody can benefit from estate planning.  Part of planning is deciding who will manage your money and affairs during your lifetime if and when you can’t.  For example, if you were unconscious or unresponsive.

Second, a Will is not enough.  A Will does nothing for you during your lifetime.  A Will is basically a letter to the court and your heirs detailing how to divide up your property.

Third, if I have a Will, there is no probate.  No.  a Will is the instrument of probate.  A Will requires probate in many cases to be validated and for an orderly transition to the next generation.

More Information

Feel free to call with your questions or to get my free book, “Secrets of Excellent Estate Planning”. The book is also available on my website.

I will show you how to protect what you have today, and what you leave your kids tomorrow.  You’ll be able to take advantage of my estate planning legal strategies without you or your loved ones having to deal with Probate Courts, long delays, and death tax.

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What is a Trust?

What is a Trust?  A trust is a way to protect assets, protect children from creditors, maintain your privacy, and avoid probate.

Hi, I’m Gary DeWitt, Estate Planning Attorney in Northwest Arkansas.

Learn much more by getting Secrets of Effective Estate Planning, Click Here

What is a Trust?  The Legal Definition

A trust is a contract between two people for the benefit of a third person.  The two people making the contract are called the Grantor (or trustor or settlor or trust maker) and the Trustee.  The third person is usually called the beneficiary.

A grantor is the person creating the trust.  They are one party that must sign the contract.  A grantor is a required person for creating a trust.

The trustee is the person that the grantor gives the grantor’s property to.  The trustee is trusted (therefore the name trust) to manage the property for the benefit of the beneficiary (or beneficiaries).

The beneficiary is the person who benefits from the property in the trust.

What is a Trust? The “bucket” definition

A trust is a bucket you put assets into that are legally owned by the person holding the handle of the bucket.  Somebody gets to hold the handle and control the bucket.  That person is the trustee.  The person who put stuff into the bucket is the grantor, the trust maker, or the trustor.  The person who gets to “play” with and eventually own the stuff in the bucket is the beneficiary.  The beneficiary is the person that will benefit from the stuff in trust.  You can think of the beneficiary as the person who gets the stuff in the bucket eventually.

Along with the stuff, you put a set of instructions that anybody else who holds the handle must follow.  Those instructions are what form the contract between the grantor and trustee.

More Information

Feel free to call with your questions or to get my free book, “Secrets of Excellent Estate Planning”. The book is also available on my website.

I will show you how to protect what you have today, and what you leave your kids tomorrow.  You’ll be able to take advantage of my estate planning legal strategies without you or your loved ones having to deal with Probate Courts, long delays, and death tax.

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Avoiding Family Fighting With a Personal Property Memo

You can avoid family fighting with a personal property memo.

Hi, I’m Gary DeWitt, Estate Planning Attorney in Northwest Arkansas.

A Will is Not Enough

Most of the time, a Will is not enough to stop all the family feuding over the smaller items.  You don’t want your children fighting over anything, much less the little things.

Personal Property Memo

To stop their bickering, you should create a personal property memo as well as a Will.

A personal property memo is a signed and dated paper, in your handwriting, that tells who gets what item.   Your personal property memos can be updated by you, without the need of a return trip to the lawyer, anytime you want.

More Information

Feel free to call with your questions or to get my free book, “Secrets of Effective Estate Planning”.  The book is also available on my website.

I will show you how to protect what you have today, and what you leave your kids tomorrow.  You’ll be able to take advantage of my estate planning legal strategies without you or your loved ones having to deal with Probate Courts, long delays, and death tax.

 

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Estate Planning Basics

You need to know 3 estate planning basics to protect yourself, your family, and your stuff.

Hi, I’m Gary DeWitt, Estate Planning Attorney in Northwest Arkansas.

First estate planning basic. Estate planning is not only about distributing your stuff after you’re gone, but about protecting it during your lifetime. This is done with Revocable Living Trusts and Durable Powers of Attorney.  Trusts name a second and/or third person to manage all the property in the trust if you can’t manage the property yourself.  Durable Powers of Attorney name a trusted person, your “agent,” to make financial and legal decisions during periods of time you can’t or won’t.  Another advantage of a Durable Power of Attorney is that it can stop a Judge from ripping your rights away in a guardianship.

Second estate planning basic.  Planning is about protecting your healthcare during your lifetime.  If you are unable to make medical decisions, doctors have their choices laid out for them by law and their code of ethics.  This may not be what you wanted.  By executing a Durable Healthcare Power of Attorney and a Medical Information Waiver (a HIPAA Waiver), you name a trusted person as your “agent” to help make healthcare decisions in your place.

Third estate planning basic.  Planning is about distributing your stuff.  This is the realm of Wills, Revocable Living Trusts, and other trusts.  You decide who gets what and when.

You are invited to call with your questions or to get my free book, “Secrets of Excellent Estate Planning”. The book is also available on my website.

I will show you how to protect what you have today, and what you leave your kids tomorrow.  You’ll be able to take advantage of my estate planning legal strategies without you or your loved ones having to deal with Probate Courts, long estate settlement delays, and death tax.

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Estate Planning Attorney

Are you looking for an estate planning attorney?  Do you want to know what an estate planning attorney does?  I’m going to answer both questions in the next few minutes.

Hi, I’m Gary DeWitt, Estate Planning Attorney in Northwest Arkansas.

If you are looking for an estate planning attorney, I welcome you to give me a call to discuss your planning goals and wants.  I work in all Northwest Arkansas and can come to your location.

An estate planning attorney does much more than just write Wills.  They provide counsel and help protect your assets and your children’s inheritance against creditors and financial predators.

In addition to writing Wills, estate planning attorneys help protect your assets during your lifetime as well as later.  This is done through a combination of documents including a Durable Power of Attorney, Durable Power of Attorney for Healthcare, Medical Information Waivers, and more.

You are invited to call with your questions or to get my free book, “Secrets of Excellent Estate Planning”. The book is also available on my website.

I will show you how to protect what you have today, and what you leave your kids tomorrow.  You’ll be able to take advantage of my estate planning legal strategies without you or your loved ones having to deal with Probate Courts, long estate settlement delays, and death tax.

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