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McDonald Law Firm Blog
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4d ago
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Intrafamily Loans and How They Work
McDonald Law Firm Blog
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1w ago
Intrafamily loans are financial arrangements between family members—one who is lending and another who is borrowing. An intrafamily loan may be used to help a family member who needs money for a number of reasons: buying a home funding or purchasing shares in a business adding accounts or property to investment portfolios paying down high-interest debt covering education expenses Lending to a child or grandchild can be satisfying. Your loved ones can benefit from flexible repayment terms and interest rates while learning financial responsibility. This can be beneficial if the child or grandc ..read more
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Are Pensions Treated the Same in Your Estate Plan as Other Retirement Accounts?
McDonald Law Firm Blog
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2w ago
The first private pension plan in the United States was established in the late 1800s. Through 1980, nearly 40 percent of Americans were covered by a traditional employer-funded pension. But employer-provided retirement plans have now largely shifted to retirement savings vehicles like 401(k) plans and Individual Retirement Accounts (IRAs) that place most of the savings’ onus on the employee. It is important to understand the differences in pensions vs. IRAs vs. 401Ks when considering retirement accounts and estate planning. Pension and retirement accounts often form a large portion of an indi ..read more
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5 Life Events That Require You to Update Your Estate Plan
McDonald Law Firm Blog
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3w ago
An estate plan is a magical thing: it allows you to maintain control of your assets, yet protects you should you become incapacitated. It takes care of your family and pets. And, if carefully crafted, it reduces fees, taxes, stress, and time delays. Your estate plan can even keep your family and financial affairs private. But one thing estate plans can’t do is … update themselves. Estate plans are written to reflect your situation at a specific point in time. While they have some flexibility, the bottom line is that our lives continually change and unfold in ways we might not have ever anticip ..read more
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Beware of Nonlawyers Acting Like Lawyers
McDonald Law Firm Blog
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1M ago
When people think about creating an estate plan, they may think it just involves getting a set of forms that convey their wishes regarding their finances, health, and what will happen to their stuff when they die. Although the documents that comprise an estate plan may seem like simple forms, these important estate planning tools are the legally binding way for clients to manage their affairs during their incapacity (when they cannot manage their own affairs) or their death. Relying on nonlawyers to help with estate planning forms or provide legal advice can pose significant risks. Many profes ..read more
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Probate and Estate Administration Details that TV and Movies Get Wrong
McDonald Law Firm Blog
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1M ago
While television and movies provide great entertainment, they are not always factual. Even shows based on real events are not entirely accurate. Creators of television programs and movies will often alter details of a story or situation to provide an enjoyable experience. Because of these widespread embellishments, people often develop misconceptions about many industries and professions, including attorneys and estate planning. Today, we’ll discuss several ways that TV and movies inaccurately portray the probate and estate administration process. The Truth about Probate and Estate Administrat ..read more
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Demystifying Probate and the Executor’s Role
McDonald Law Firm Blog
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1M ago
When creating a last will and testament (commonly known as a will), one of your most important considerations is who to choose to serve as the executor (also called a personal representative) of your estate. But what exactly is the executor’s role? As the name implies, the executor’s role is to execute the instructions that you provide in your will. You may give your chosen executor some discretionary powers in determining how your assets (money and property) are to be distributed, but they have limited latitude to make independent decisions. Any deviation from their specified powers could cau ..read more
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Who Should Be the Trustee of a Third-Party Special Needs Trust?
McDonald Law Firm Blog
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1M ago
Family members with special needs may require assistance throughout their lives. If you want to ensure that a loved one with a disability is taken care of after you are gone, you can help manage resources for them by using a third-party special needs trust (SNT). Also known as a supplemental needs trust, a third-party SNT is funded with assets (money and property) that do not belong to the special needs beneficiary but are meant to be used for their benefit. Third-party SNTs allow the beneficiary to receive some benefit from the trust while preserving the beneficiary’s eligibility for means-te ..read more
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Saying Goodbye Is Hard: How a Comprehensive Estate Plan Can Help
McDonald Law Firm Blog
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1M ago
When people think about estate planning, they usually focus on who will receive their money and property when they pass away and how it will be received. However, estate planning can also address your end-of-life wishes—the considerations and expenses involved when it is time to say goodbye to your loved ones. The following are important questions to ask yourself, as the answers are a critical part of comprehensive estate planning. Key Questions to Address in Comprehensive Estate Planning How Do You Want Your Remains Handled at Death? Addressing your final wishes for your body may be uncomfort ..read more
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What Is a Residuary Clause and Why Is It Important?
McDonald Law Firm Blog
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2M ago
When developing your estate plan, it is nearly impossible to address every account or property you own. There are sure to be some things you unintentionally overlook. However, by including a residuary clause, you can intentionally disburse any remaining items inadvertently left over during the estate or trust administration process to a named beneficiary or group of beneficiaries. Residuary Clause Helps Ensure Everything You Own Goes to the Right People During the estate planning process, you may decide that you want to leave certain items to specific individuals. But what happens in the ..read more
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