26 Provisions Your Last Will and Testament Could Include

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  • เผยแพร่เมื่อ 6 ต.ค. 2024

ความคิดเห็น • 62

  • @bryan_witha_whyy
    @bryan_witha_whyy 2 หลายเดือนก่อน

    I was made executor on my dying mother’s estate just recently. Your videos have been invaluable. Thank you!

  • @irahartoch1075
    @irahartoch1075 3 ปีที่แล้ว +8

    Excellent! And one of the few I have ever seen that (correctly) recommends making charitable bequests out of your traditional IRA/401(K) to avoid taxes EVER being paid on that money. One note to expand on that. If you designate beneficiaries on your IRA (etc.) that superceeds a will, so designate the bequests to those non-profits as beneficiaries of your account. You can reinforce your wishes in your will, but the will means nothing if there are other beneficiaries that do not include the charity, or gives the charity a different amount than what you intended.

  • @colonelmann
    @colonelmann 3 ปีที่แล้ว +2

    This video series has been phenomenal and of such great value. I shared on Facebook in hopes my unplanned friends will check out this valuable information.
    I'm single, no children, and had a Will drawn up with a paralegal. I made a couple of the cumbersome errors mentioned in the video about what NOT to put in a Will (funeral arrangements).
    These videos are one of the best bargains on TH-cam. Thank you.

  • @davejoseph5615
    @davejoseph5615 3 ปีที่แล้ว +4

    I just thought of a serious problem with my own planning. My various accounts have declared beneficiaries -- but also some joint owners. Obviously the beneficiary will get nothing if the joint owner outlives me, even though the joint ownership was simply set up to facilitate access in case I became incapacitated.

  • @joellaviolette1805
    @joellaviolette1805 3 ปีที่แล้ว +6

    Thanks for this informative video. I've watched a many of your estate planning videos and have never heard you mention how an executor would handle bank accounts with a Pay on Death POD provision or an investment account with a Transfer on Death Provision. Do these avoid probate? Thanks

  • @tomschmidt381
    @tomschmidt381 3 ปีที่แล้ว +6

    Great laundry list, it took me a few tries to get the spelling of: descendants per stirpes correct to figure out what it means. That sounds like a good provision to include for additional clarity.

    • @jnbond
      @jnbond 3 ปีที่แล้ว

      Thank you for spelling that out! I had to come to the comments hoping someone would mention it! I listened to him say it several times and still was lost! Lol

    • @johnbauman4005
      @johnbauman4005 3 ปีที่แล้ว

      @@jnbond Me too! It would be helpful if captioning was turned on. Those of us interested in estate planning at this point in our lives may have rocked too hard at another point in our lives and can't hear so well. 🤟

    • @chelin7023
      @chelin7023 3 ปีที่แล้ว +2

      Great comment! Thank you for clarifying. Lawyers have a vocabulary of their own, that the rest of us need a legal dictionary.

  • @eriknervik9003
    @eriknervik9003 2 ปีที่แล้ว

    Every time you “grandpa” my mind hears Rand Paul. It’s great that Senator Paul has you doing his estate planning!
    That aside thank you for the content, even though I am young I want to begin estate planning for various reasons

  • @chelin7023
    @chelin7023 3 ปีที่แล้ว +4

    Always relevant information. Thank you! Through your educational videos, I’ve learned so much, even if does not apply to me, it is so interesting how the processes work and the best way to navigate, this intricate legal system with a whole vocabulary of its own. You make it simple and easy to follow.

  • @aovoonthefarmsouthernillinois
    @aovoonthefarmsouthernillinois 10 หลายเดือนก่อน +1

    Nice video. I wish I would have videotaped the trust that I made with my father. Our lawyer died three months after my father. An issue came up and the new lawyer from the same firm interpreted a provision differently from the way the lawyer who drafted documents. When I tried to explain what my father wanted, he interpreted it differently which left me in a bad spot as the trustee.

  • @Littlewolf13
    @Littlewolf13 2 ปีที่แล้ว

    LOVE your videos! Clear, concise & with such a relatable narrator! One question:must Testator declare, “I, John Doe, BEING OF SOUND MIND-“ We are in the middle of a real probate mess-the Testatrix, having been declared by physicians, to have had “Dementia” executed her will at the behest of her daughter(also w POA & an Executrix) and the Will does NOT state she has testamentary capacity. Daughter also “found” $250K & made a long hoped for addition to her house - to remove the mother from her (paid in full) residence of 60 years. Nobody allegedly can locate husband’s will, executed same day & mailed to them.)- Q1- must Testator declare his/her sanity & Q2- Redress for intentionally withholding a will for 3 years. Thank you- all heirs have been notified by Executor that communication w his choice of attorney will be at THEIR own expense, not the Estate’s - is that legit?

  • @johnbauman4005
    @johnbauman4005 3 ปีที่แล้ว +3

    Outstanding and so informative as always. Thank you so much!

  • @aks777777
    @aks777777 3 ปีที่แล้ว +1

    An attorney in CA told me that, inheritance received by children remains separate in states like CA, and no additional provision is required to save inheritance from child’s spouse. Just keep it in separate individual account and use it to buy assets in child’s name not in joint name.

  • @dorisshanks7295
    @dorisshanks7295 3 ปีที่แล้ว +2

    What about people like me with a very small estate. Some savings, a few stocks and an RV with a mortgage. No real estate. Also some credit card debts totaling about $12,000. Son is named my beneficiary. Total assets about $25,000.

    • @gracewins7318
      @gracewins7318 ปีที่แล้ว

      Think you could do a simple Will according to your state

  • @Littlewolf13
    @Littlewolf13 2 ปีที่แล้ว

    GREAT videos! Clear, concise relatable narrator, I have no criticisms- just a question: Must the testator declare,”I

  • @lizcoleman5229
    @lizcoleman5229 3 ปีที่แล้ว +1

    Thank you for your videos!

  • @retiredtom1654
    @retiredtom1654 3 ปีที่แล้ว

    Good information... I would like to see a list of these provisions to be sure I do not miss any of them.

  • @bymmijprime281
    @bymmijprime281 3 ปีที่แล้ว

    Good list, lots to think about. Thanks for providing great content.

  • @chattylady53
    @chattylady53 3 ปีที่แล้ว +1

    I have been a legal secretary/assistant employed by same lawyer for 47 years. The majority of my work deals with estate planning. I find your videos very, very helpful. A lot of things I know, but some things you discuss make me go hmmm. I also like your plain-speaking manner. I even forward some of your videos to my boss.

  • @glenng9111WoodbridgeSwing
    @glenng9111WoodbridgeSwing 3 ปีที่แล้ว +1

    Great info!

  • @carmenmariacortesmarin2664
    @carmenmariacortesmarin2664 3 ปีที่แล้ว +1

    Thank you so much!

  • @robin5382
    @robin5382 3 ปีที่แล้ว +2

    Can you clarify if designating a beneficiary on an account, (bank, MM, investment, etc.) takes precedence over
    a trust beneficiary? I'm speaking of POD or TOD. Thank you

    • @KS-cl8br
      @KS-cl8br 3 ปีที่แล้ว +1

      Yes it does

  • @annicks7385
    @annicks7385 3 ปีที่แล้ว

    Thank you so much

  • @kimmiehuffman7
    @kimmiehuffman7 3 ปีที่แล้ว +1

    Question maybe someone can answer. If you go on Medicaid when you’re retired but you never go in the Nursing home. Can the state still take your house for payment when you die.? Even though you never had to be in a long term facility? I’m in Pa wasn’t sure if it varied state to state.

    • @gracewins7318
      @gracewins7318 ปีที่แล้ว

      Believe I read somewhere that if you do a quit claim or TOD or Lady Bird Deed upon your death it's a valid deed... and Medicaid (state) can't/doesn't make claims when transfered this way. But if sold/liquidated then a claim can be made... You should look it up to be sure.

  • @milenadeltorto7158
    @milenadeltorto7158 3 ปีที่แล้ว

    Great help. Thanks.

  • @julieveitia2979
    @julieveitia2979 2 ปีที่แล้ว

    What about bonds and stock?

  • @marietrini7784
    @marietrini7784 2 ปีที่แล้ว

    Why does an executor need an Attorney ? What do you mean “Waving the Bond requirements” ?

  • @lisainpalmdesert
    @lisainpalmdesert 3 ปีที่แล้ว

    Excellent!

  • @woody1320
    @woody1320 3 ปีที่แล้ว

    Great info and lot to absorb. We are going though this process now so very timely. Maybe you already addressed this but what is a reasonable cost to set up a basic will?

    • @ladysparkymartin
      @ladysparkymartin 3 ปีที่แล้ว

      I got a discount because the lawyer was a neighbor but I created a trust for $1250 or so. Normally $1500 I think. Los Angeles prices. Very formulaic and straightforward stuff though. I didn’t itemize anything. He also explained I’d need to change my account beneficiaries separately. That took some work on my part but well worth the time and money for the peace of mind.

  • @marietrini7784
    @marietrini7784 2 ปีที่แล้ว

    Hi 👋 there. New here and subscribed because these videos are super interesting 🤔. Question: HOW DO I FIND A GOOD TRUSTING REAL ESTATE ATTORNEY? I have a home and money from a settlement so want to write a living will being that I’m not married and have no kids and at 51 not having any, 😂 Thanks 😊

  • @aks777777
    @aks777777 3 ปีที่แล้ว

    Hi Paul, commenting on your latest video so you see the comment. Do a video on living trust and community property states like CA. Is it true that when one of the two grantor trustee die, community states get step-up on basis for all the assets under the trust? and later on when surviving spouse dies, assets get another step-up in the basis?

  • @marietrini7784
    @marietrini7784 2 ปีที่แล้ว

    Number 24: “NO CONTEST CLAUSE” please explain further, thanks 😊

    • @gracewins7318
      @gracewins7318 ปีที่แล้ว

      "No - Contest Clause"
      if anyone listed as heir contests the validity of the will.... then they get nothing. Is what I'm understanding.

  • @lf6400
    @lf6400 3 ปีที่แล้ว

    Thought on having your estate go straight to grown children instead of your spouse? That’s how my parents have their will right now. I’m worried it’s going to be really messy when one of them passes away.

    • @gracewins7318
      @gracewins7318 ปีที่แล้ว

      My grandmother put all of her 4 children on Bank account called P. O. D. my Mother wasn't even present the bank cut 4 cashiers checks payable to each adult child closing account.
      Her little house was quit claim to the child who lived with her taking the most care of her. Was homebound so didn't have a car.
      Hope this helps.
      Do this before folks become mentally incapacitated....
      Otherwise you need an attorney to take care of your business.

  • @aks777777
    @aks777777 3 ปีที่แล้ว

    Why would husband and wife create a separate trust instead of one family trust? specially in community property states like CA.

  • @tylenewhite5524
    @tylenewhite5524 3 ปีที่แล้ว +1

    What action can an immediate relative, niece for example, learns that in probate proceedings that she was not mention as a relative of the deceased?

    • @tylenewhite5524
      @tylenewhite5524 3 ปีที่แล้ว

      Clarification of question: if the relative is an uncle who had no wife or children and all of his siblings pass away prior to him BUT the siblings has surviving children of their own

    • @gracewins7318
      @gracewins7318 ปีที่แล้ว +1

      @@tylenewhite5524 in my uncle's case he passed before completing a will. No spouse or children. So his went through probate. after everything was liquidated lawyers and court fees were paid out off top. Then he had 2 living & 1 deceased sibling. 2 siblings got 1/3 each and the deceased siblings 1/3 was split equally to the "children" of deceased sibling.

  • @HeathersCultureCrossings
    @HeathersCultureCrossings ปีที่แล้ว

    You skipped a number

  • @marybethshelley376
    @marybethshelley376 3 ปีที่แล้ว +2

    #6?

    • @jnbond
      @jnbond 3 ปีที่แล้ว

      Yep, noticed that too. ???

  • @mistervacation23
    @mistervacation23 ปีที่แล้ว +1

    What were they that is you and your sister not your separate duty but your dandruff about the house

  • @rosemarywaldie4958
    @rosemarywaldie4958 3 ปีที่แล้ว

    What was that “descendants per sounded like slurpees

  • @hannapytlak6232
    @hannapytlak6232 3 ปีที่แล้ว

    I would like to have a living trust, do I have to have a will, too?

    • @buyerbware25
      @buyerbware25 3 ปีที่แล้ว

      No, not as long as all of your non-probate assets have living beneficiaries, and all of your other assets are funding the trust.

  • @rochellewalior1756
    @rochellewalior1756 ปีที่แล้ว

    What if you are foreigner and married to a citizen and had minor kids?had 2 stepdaughters but i won't agree them to be the executor of my Will but to my husband Will they can. ..need help

  • @jeandelossantos6691
    @jeandelossantos6691 3 ปีที่แล้ว +2

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  • @Propfaqs
    @Propfaqs 3 ปีที่แล้ว +1

    Default provision for a minor beneficiary. I don’t have children but I plan to leave ‘it all’ to three nephews and a niece. Currently, the only minor is the teen nephew with a Facebook profile picture in which he is holding a bottle of Jack Daniels and the longest chainsaw there is. Him. He needs a trust.

  • @johnmirbach2338
    @johnmirbach2338 3 ปีที่แล้ว +1

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