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What US Businesses Should Know About the GDPR

Posted by Mona O'Connor | Feb 13, 2023 | 0 Comments

The European Union's General Data Protection Regulation (GDPR) is a privacy law that protects the personal information of individuals (or as the law refers to them, “data subjects”) in the European Union (EU). The GDPR does not necessarily apply to all US businesses with a European presence, nor are the obligations the same for all businesses to which the GDPR applies. But, if it does apply to your business, you need to have a clear understanding about your legal obligations because GDPR penalties can be steep. Read this blog to learn more about GDPR.

Things You Can Do to Help Prove You Are Mentally Competent When Executing Your Estate Plan

Posted by Mona O'Connor | Feb 06, 2023 | 0 Comments

In most states, there is a legal presumption that people have capacity to create their estate planning documents and that they can transfer their property to whomever they would like. Therefore, a person challenging your plan has the burden of proving that you did not have the requisite mental capacity at the time your documents were signed. Read this blog for some proactive steps you can take to provide evidence of your competency when you create or update your estate plan.

Your Planning Team for Your Next Adventure

Posted by Mona O'Connor | Feb 03, 2023 | 0 Comments

When planning your next great travel adventure, you may decide that you can do it yourself. However, you need to consider calling in a special planning team to make sure that you and your loved ones are protected during your travels and afterward. Read this blog to learn which members you need on your team and then schedule time with each of them well in advance of your travel dates.

Spousal Lifetime Access Trusts: What You Should Know

Posted by Mona O'Connor | Jan 27, 2023 | 0 Comments

No one wants to pay more taxes than they have to so many people search for the perfect estate planning tool that will allow them to control as much of their money and property as possible while reducing the amount they or their loved ones will have to pay in taxes after their death. A spousal lifetime access trust (SLAT) is an irrevocable trust that can achieve this goal for some married couples. Keep reading to learn more.

The Death of Anne Heche: Lessons for Estate Planning

Posted by Mona O'Connor | Jan 25, 2023 | 0 Comments

Anne Heche's accidental death was a shocking reminder of how the everyday can quickly turn into the tragic and provided some tough lessons about the need for estate planning. Rather than Heche's estate being distributed according to her final wishes, it is now subject to state law and a very long and public probate court proceeding since she did not formalize her wishes in accordance with California law. To learn more about the need for estate planning for everyday life, read this blog.

What Is a Blind Trust?

Posted by Mona O'Connor | Jan 23, 2023 | 0 Comments

There are situations in which a person may want to set up a trust to be used during their lifetime for their own benefit to maintain privacy or avoid a potential conflict of interest. In such cases, a blind trust might be appropriate. To learn more about blind trusts, read this blog.

What if I Cannot Find a Beneficiary?

Posted by Mona O'Connor | Jan 20, 2023 | 0 Comments

As a fiduciary, you have an obligation to use reasonable diligence to locate a missing beneficiary. What is considered reasonable depends on the circumstances. To learn more about locating a missing beneficiary if you are serving as a decedent's fiduciary, continue reading this blog.

An Introduction to Dynasty Trusts

Posted by Mona O'Connor | Jan 18, 2023 | 0 Comments

A dynasty trust is an irrevocable trust that offers the tax minimization and asset protection benefits of other types of trusts, but unlike a trust that ends with outright distributions to your children or grandchildren, a dynasty trust can span more than two generations. Because the trust could last for many years, and the rules generally cannot be changed once the trust is created, a dynasty trust must be set up with great care. Read this blog to learn more about dynasty trusts.

January is National Mentoring Month

Posted by Mona O'Connor | Jan 09, 2023 | 0 Comments

January is National Mentoring Month. Mentors can have a positive impact on a young person’s life by sharing the wisdom, knowledge, and experience they have gained to help their mentee develop skills and goals that will enable them to succeed in life. And that includes in the area of estate planning. Read this blog to learn more about mentoring younger individuals with respect to estate planning.

FBI's Chicago Field Office Wanted & Missing Persons

Posted by Mona O'Connor | Jan 03, 2023 | 0 Comments

In 2018, the Department of Homeland Security announced that September 25th would be the national "If You See Something, Say Something" Awareness Day. In an effort to improve our community in 2023, we have provided a link to a list of the FBI's Chicago Field Office Wanted & Missing Persons website.

The Pros and Cons of Probate

Posted by Mona O'Connor | Dec 16, 2022 | 0 Comments

Although we recommend that you avoid probate if at all possible, the probate process does have some advantages. This blog contains some reasons why a loved one may want to consider probating a decedent's estate. Keep reading to learn more.

Why a Trust Is the Best Option to Avoid Probate

Posted by Mona O'Connor | Dec 12, 2022 | 0 Comments

Establishing a trust can seem a bit complicated, and the process can cost a bit more initially than preparing a will. However, if you are willing to invest a little more up front, a trust can be your best option for avoiding probate later. Read this blog for additional information about a trust and how your assets could avoid the probate process with a trust.

Three Celebrity Probate Disasters and Tragic Lessons

Posted by Mona O'Connor | Dec 09, 2022 | 0 Comments

One would assume that celebrities would take steps to protect their estates. The news is littered with celebrities that had poor - or even worse, no - estate planning. This blog covers 3 celebrities and the mistakes that they made. Estate planning is not just for the rich and famous, so read this blog for lessons you can learn to ensure your loved ones do not struggle after your death.

Three Reasons to Avoid Probate

Posted by Mona O'Connor | Dec 07, 2022 | 0 Comments

While there are many reasons to avoid the probate process, there are 3 key reasons for probate avoidance. Do you know what they are? Read this blog to learn those reasons and why a living trust is a much better option for most people

Handling S Corporation Interests in Estate Planning: Electing Small Business Trusts and Qualified Subchapter S Trusts

Posted by Mona O'Connor | Dec 05, 2022 | 0 Comments

There are various scenarios that should be considered by a business owner when it comes to estate planning with a viable business. And because of various laws, your estate planning must carefully address a business that is taxed as an S corporation. Read this blog for additional information about transferring an S corporation to a trust during the estate planning process.

Harmless Error Statute—A Saving Grace

Posted by Mona O'Connor | Dec 02, 2022 | 0 Comments

If you die without a legally recognized will, your assets will typically subject to the your state's default rules that determine who will receive it. However, a better approach is to have a will properly prepared and executed to ensure that the terms of the will or trust are followed. For individuals who live in a state that has adopted a harmless error statute, even a document that does not meet all of the formal legal requirements of the state's statutes may still be considered valid and admitted to probate. Read this blog for more information regarding harmless error statutes.

Things to Consider Before Accepting Your Inheritance

Posted by Mona O'Connor | Nov 30, 2022 | 0 Comments

An inheritance, like the loss of a loved one, can be life-changing. While there is no law that requires you to accept an inheritance, there are sometimes good reasons for doing so. And if you choose to turn down a gift, that does not mean it will end up in the hands of the state. Prior to accepting or rejecting an inheritance, you might want to seek legal and tax advice about the implications of either decision. Accepting an inheritance is a free and voluntary act that is also affected by personal circumstances. If you were informed that you have an inheritance coming your way, you will have to decide whether to receive or reject it. Read this blog for some factors that may impact your decision.

Think Your Estate Plan is Complete? Make Sure You’re Not Missing These Important Points

Posted by Mona O'Connor | Nov 28, 2022 | 0 Comments

Estate planning does not have to be complicated or expensive. But can you afford to leave things to chance—or worse, to the government? For those who already have documentation in place, your plans need backup plans to account for the unexpected. Revisit your estate plan today and add backup decision makers, pet caretakers, contingent beneficiaries, disaster clauses, and anything else you may have overlooked! Read on for more information but don't procrastinate!

Generation-Skipping Transfer Tax

Posted by Mona O'Connor | Nov 15, 2022 | 0 Comments

The generation-skipping transfer (GST) tax is a federal tax on an individual's transfer of property to a person at least two generations below the individual. Generally, GST tax applies to gifts made by an individual to grandchildren or descendants of the grandchildren. To learn more about the GST tax and things to consider when preparing your estate plan, read this article.

What To Do if Your Trustee Is Unresponsive

Posted by Mona O'Connor | Nov 03, 2022 | 0 Comments

A trustee has a duty under the law to communicate with beneficiaries and keep them reasonably informed as to the progress of the trust administration. Unfortunately, some trustees fail to comply with this duty to inform, leaving beneficiaries in the dark as to what is happening with the trust. Read this blog to learn more about the trustee's obligation to keep you informed and ways to handle the ghosting situation!

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