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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What the Probate Attorneys Don’t Want You to Know basic estate planning last will and testament lawyer advice probate problems May 22, 2023

I'm seeing more attorneys these days at least reference a revocable living trust when speaking with their clients if they are asked about estate planning options. However, it is still the norm if clients call up a law office and ask to get a Will done that attorneys will just go through the...

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Blended Families, Who Should Handle Finances in a Crisis? blended families co-trustees estateplanningprocess May 15, 2023

There are a lot of couples in the United States not on their first relationship, there are children from prior relationships, and they're all coming together as a family. Whatever's going to work for them is going to work for them. But then one of the biggest questions in estate planning comes up...

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Can You Use Out of State Protective Trusts? May 08, 2023

There is an extremely effective asset protection trust where you can place your assets into trust, be the beneficiary of that trust, and secure those assets from divorce, lawsuits, and creditors. Unfortunately, it is not available in most states, including North Carolina, since those states do...

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Is Your Beneficiary Protected From Themselves? May 01, 2023

Your beneficiaries are legally adults at age 18, but that doesn’t necessarily mean they are responsible enough to handle an inheritance. If you don't do an estate plan with a Will or Revocable Living Trust that incorporates age limits, the usual default under the law is 18.

This is a story...

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Why Prenups Blow Up: Seven Ways Premarital Agreements Fail premarital agreement prenup Apr 24, 2023

“Prenups don’t work!” the YouTuber practically screamed into the microphone, lamenting the downfall of men everywhere whose fortunes were being stolen from their gold digging exes. [Insert eyeroll here.] “A man works for years, decides to marry a woman, and insists on a...

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Breaking Down Asset Protection assets organizing legal documents Apr 17, 2023

Good asset protection planning isn’t as complicated as it may seem. If thought about the right way, it can actually be pretty simple to follow. Unfortunately, there is no magic wand you can waive over a pile of assets and it is instantly protected from lawsuits, divorcing spouses, the...

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A Divorce Shield? The Domestic Asset Protection Trust asset protection trust pre-marital agreement Apr 10, 2023

Recently, I've seen a trend of people wanting to protect their assets from a potential divorce as part of their life planning before getting married. While premarital agreements have a place, there are some ways to get around some or all of the terms in an agreement, and people want to be sure....

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Little Girl's Pet Seized By Police and Murdered? legal news personal property Apr 03, 2023

Apparently, pets are a touchy subject for me. Having long-term pets like our cat Monty (for almost 20 years now) makes me particularly enraged when I read stories of pets being taken away. In this video, I review an article about police seizing a little girl's pet goat to enforce a contract that...

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The Ten Medicaid Planning Myths You Need to Know #medicaid long term care planning medicare mythbusters Mar 27, 2023

It has been some time since I've covered Medicaid Myths in this blog, and some of these myths can be deadly to qualifying for Medicaid if followed through. Rather than start a list from scratch, I went straight to the source in my own book The Long Term Care Solution. Here is an excerpt from...

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Gifts, Advances, and Loans: Balancing an Estate Plan When the Kids Need Money NOW trustee trustee gifts Mar 20, 2023

Estate Planning distributions aren’t always clean and even. Sometimes the kids and grandkids need money during life, and providing it to them can raise questions. (This can also be true when using a Will, but now the probate court is involved.) But whether something is classified as a gift,...

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Trust Funding is Critical trust funding trust funds trust planning Mar 13, 2023

Sometimes, messages need to be repeated to make sure they stick. Unfortunately, this often happens with ongoing maintenance with a revocable living trust to make sure that assets line up correctly with the overall estate plan, including the revocable living trust. Unfortunately, the "correctly"...

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Seven Living Trust Mistakes common mistakes diy estate planning trust planning Mar 06, 2023

A revocable living trust can be a great estate planning vehicle that keeps your assets out of probate and minimizes settlement costs. However, there are (at least) seven big mistakes that I has seen when it comes to putting together a revocable trust. While other attorneys may have different...

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