The Plain English Attorney Blog

Far too many attorneys overcomplicate things, making topics convoluted and difficult to understand to the average person. This blog is committed to explaining legal planning topics in an easy to understand format, in plain English. Enjoy the blogs, and please let us know if there is a topic you would like covered.

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Sorry... Time for Some Reruns Aug 15, 2022

When I was young, Friday nights were about Miami Vice. Those of you old enough to remember patiently waiting for your favorite show to come on network or cable television also remember having to plan to be home and not busy when your particular shows were on. When you were home, you...

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Medicaid Whoopsies vol. 1 Aug 09, 2022

When it comes to Medicaid Planning, there are tons of loopholes that can help a family preserve a lot of assets and have a loved one still qualify for nursing home Medicaid. On the other hand, this also means there are a lot of opportunities for people to “go rogue” and make mistakes...

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Should I do a Will or a Trust? Aug 08, 2022

This question comes up all of the time when it comes to estate planning. Unfortunately, many attorneys and other professionals try to cram and squish this very subjective square peg into an objective round hole with a sledgehammer. The fact is that there is no simple...

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Schedule A is Missing! Aug 02, 2022

You know a plan is broken into a thousand-piece puzzle when the pages of the trust were taken out of the binder, put back out of order, and some pages are missing. But what happens when the “all-important” (sarcasm inserted here) Schedule A is one of those missing pages? It turns out...

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I Want a Revocable Living Trust… Do I Need a Will? Aug 01, 2022

“Well, if you have a Revocable Living Trust, don’t you also need a Will?” the other attorney asked.

“Yeah, you need a Will,” I responded.

“Ah ha!” the other attorney exclaimed, as if he has just made some profound and overriding point to justify his...

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Should I Make My Parents Trustees? Jul 28, 2022

One of the most important decisions you can make in estate planning is choosing the right trustees. A frequent question that comes up when speaking with my clients who have younger children is whether or not to name their own parents as trustees. They often believe that naming someone older than...

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How to Buy Out Siblings From a House Jul 26, 2022

One of the most expensive estate assets for many families is their home, usually coming in second only to retirement accounts in terms of value. When the house ends up being far and away the most valuable asset in the estate, there are multiple children who are to be treated equally… BUT...

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Legacies: What We Leave Behind is More Than Money Jul 25, 2022

When it comes to estate planning, it comes down to what assets you want to pass along and how it happens. However, the legacies we leave behind are often far more than money. In this broadcast originally to The Plain English Attorney Community, attorney and author Jeffrey G. Marsocci provides a...

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How Much Is An Estate Plan? Jul 19, 2022

When approaching something new and unfamiliar, people tend to think of things like estate planning in the simplest terms possible. However, it’s not like going to the grocery store to buy a gallon of milk where there may be some small differences, but by and large there is not much of a...

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The Advanced Institute is Back Jul 18, 2022

The Estate Planning Source, an organization I have been affiliated with for many years, has undergone some challenges lately in addition to the COVID issues facing every other business. With the purchase of the business finalized in May by long-time employee Bobbie Setser, the...

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Unnecessary Trust Provisions… And One BIG Reason to Keep Them Anyway Jul 14, 2022

“But this doesn’t apply to us!” It’s common enough to see lots of language in trusts and other legal documents that are ‘boilerplate’ that should stay in anyway. In this video, I review some of the most commonly questioned provisions and why they should be kept...

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American Legion Post Giving Estate Advice? Jul 12, 2022

Unfortunately, there are a lot of people with good intentions who mistakenly provide incomplete, or even inaccurate, information with unforeseen potential results. In this post that is making it’s way around Facebook, a local American Legion Post is trying to provide estate planning nuggets...

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