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Wills, Trusts, and Estates Archives

Elder Care Planning in WV, OH, and KY: How to Pay for Long-Term Care

This is the first in a series of six blogs on the topic of long-term care in elder care planning in WV, OH, and KY. The blogs that follow in this series will take more in-depth looks at the topics discussed here. Consulting an attorney for long-term care planning and the guidance of a financial advisor can help you protect your interests and those of your loved ones as you age.

Naming a Trust as an IRA Beneficiary: Is It Right for You?

In planning for your family's security, you may have wondered how to pass on your Individual Retirement Account (IRA) assets in the event of your death. In some cases, you may not want a family member to receive IRA funds directly after you're gone and wonder "can an IRA be in a trust?" If you're considering naming a trust as an IRA beneficiary, that can completely alter how the Internal Revenue Service (IRS) treats IRA distributions. Knowing the pros and cons of this estate planning strategy can help you make the best choice for your circumstances in conjunction with an experienced estate planning attorney.

Your Year-End Estate Planning Checklist

You can't stop time from passing. As you are asking yourself how another year went by so quickly, take control of those things that you can control and that can give comfort and support to your loved ones: review your estate plan using this year-end estate planning checklist.

International Estate Planning for Individuals and Families

The adoption of the European Parliament's European Succession Regulation in 2012 simplified estate planning in the European Union. The regulation also resolved jurisdictional and choice of law issues. Unfortunately, no single overarching law governs international estate planning for other countries, including the United States.

Charitable Estate Planning: Benefits for Both Donor and Recipient

Whatever your age, income, or family status, you have probably heard of and considered estate planning. An estate plan ensures that the money you work so hard to earn protects and benefits your loved ones. However, another planning option you may not have considered is charitable estate planning. Charitable estate planning is a rewarding way to benefit a worthwhile charity or organization, while reaping tax benefits for you and your family both now and later.

Technical Errors in WV Wills: Protect Your Estate from Potential Mistakes

A will is an important legal document that communicates your wishes about the distribution of your property after your death. In West Virginia as in most states, a will must comply with the standards set out by statute in order to be valid and enforceable. Unintentional, technical errors in WV wills can cast doubt on your intentions or even invalidate your will altogether. For that reason, it's essential to ensure that your will and other estate planning documents are well prepared and free of mistakes.

What Is the Time Frame for Challenging a WV Will?

Originally, the statute of limitations for filing a will contest in West Virginia was five years. Over the last century, the West Virginia Legislature has gradually reduced that period, and the time frame for challenging a WV will is now only six months.

WV Undue Influence in Will and Trust Challenges

Whether you're managing an estate plan for yourself or are involved in a dispute regarding the intentions of a deceased loved one, your legal decisions should be informed by an understanding of WV undue influence law.

WV Estate Planning and Same-Sex Couples: Is Your Inheritance Plan in Place?

Same-sex marriage was banned in West Virginia until October 9, 2014. Before then, lesbian, gay, bisexual, and transgender (LGBT) couples did not have the right to marry or the same legal privileges under the law as married opposite-sex couples had. When it came to WV estate planning and same-sex couples, the lack of legal rights made the management of assets in the event of one partner's incapacitation and death very difficult.
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