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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Fitness Friday--My Fitness Journey 2 Jun 10, 2022

Once again, I was out at the Durham Bulls Baseball Park to record content, but this time I discussed the big four solution areas that helped me go from somewhere around 220 to 171 pounds over six months. The actions I took were not crazy or elaborate, and there were no cheat codes. It was just...

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DIY Disaster Waiting To Happen Jun 09, 2022

I occasionally go on Reddit and respond to posts in the r/estateplanning section. This time, it was to help warn someone about trying to do their own trust by getting a form online. Unfortunately, they didn’t know what they didn’t know, and despite the pleas of commentors to get a...

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Plain English Attorney Adding More Diverse Content Jun 06, 2022

As technology improves and my video skills have quickened, it’s becoming easier to produce more content to post on YouTube and social media on a regular basis without eating up much more time. In addition, there are only so many videos and posts that can be focused on the same or similar...

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Fitness Friday--My Fitness Journey 1 Jun 03, 2022

Many of my long-time estate planning clients have commented on my weight loss over and asked how I did it. While fitness isn’t really related to estate or Medicaid planning, or even law in general, I do think that this fitness journey has made me a better person and better professional....

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The Estate Paparazzi Jun 02, 2022

When an estate goes through probate, privacy is out the door worse than Beyonce taking a stroll down Rodeo Drive. In this outtake from the webinar “Estate Planning… Bigger Than Beyonce” I review the loss of privacy that occurs to an estate mired in this court process. For the...

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What's All This 'Heasay' Crap? May 31, 2022

"Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” In this reaction video, I explain in plain English the definition of ‘hearsay’ that kept popping up in the...

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The Importance of Trust Funding May 30, 2022

Many of our estate planning clients have chosen to use a Revocable Living Trust as a way to avoid probate of their estate as much as possible when they pass on. Unfortunately, just having the documents set up is not enough to avoid probate. The process of “trust funding,” meaning...

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The High Cost of "Low Probate Fees" #estateplanning #probate May 26, 2022

“Probate fees in our state are not that high.” Unfortunately, I hear this from some attorneys who focus their practice on handling probate, and probate is exactly what you get when you rely on a Last Will and Testament for your estate plan. Considering the massive attorney's fees...

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EINs and Trusts May 24, 2022

This question keeps coming up... "Does a trust need a separate taxpayer identification number?" It depends. In general...

* Revocable Living Trusts do not need an EIN/Taxpayer ID if the Trustor(s) are still alive

* Irrevocable Trusts generall DO need a separate EIN

* Hybrid Irrevocable...

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Myths of Special Needs Planning May 23, 2022

https://youtu.be/VALMyQavtKU 

Sometimes something that is “common knowledge” is just a myth, and myths are prevalent in estate planning for special needs beneficiaries. For example,

* MYTH: You can't leave an inheritance to to a beneficiary with special needs.

* MYTH: You should...

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NFTs and Revocable Living Trusts May 19, 2022

One of the hot new investment trends is NFTs, or Non-Fungible Tokens. Because it is so new, questions come up about how this investment is funded into a revocable living trust. In this video, I run through the basics of NFTs and how they need to be titled to work with your revocable living trust...

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Three Sneaky Ways the Government Makes Itself Your Beneficiary #estateplanning May 12, 2022

When it comes to special government programs, what on the surface appears to be a good deal may not really be to your advantage or especially to your estate beneficiaries. Unfortunately, chances are that you are already invested in once these “deals” That is, unless you know all of...

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