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.

Sign up for Our Newsletter

Check Out Our Free Webinars

Estate Crash Course Webinar               In-Law Protection Planning Webinar    

Special Needs Planning Webinar          Medicaid Planning Webinar

Does the Joint Property Duct Tape Solution Work? estate planning basics probate Jun 12, 2023

Can probate be avoided with the use of assets and account titled as joint tenancy with a right of survivorship? Yes, but when it comes to estate planning, it's not planning ahead the right way like with a revocable living trust.

Titling assets as joint with a right of survivorship is what I...

Continue Reading...
Just the FAQs, Ma'am (Vol. 2) #estateplanningbasics #wills irrevocable trust Jun 05, 2023

As part of getting back to basics for people searching to basic estate planning answers, I’m continuing to cover some basic questions that come from Henry W. Abts III’s book The Living Trust in its Appendix G. While the questions are coming from the book, the answers are coming from...

Continue Reading...
Just the FAQs, Ma'am (Vol. 1) #estateplanningbasics irrevocable trust wills May 29, 2023

As part of getting back to basics for people searching to basic estate planning answers, I’m going to cover some basic questions that come from Henry W. Abts III’s book The Living Trust in its Appendix G. While the questions are coming from the book, the answers are coming from my own...

Continue Reading...
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...

Continue Reading...
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...

Continue Reading...
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...

Continue Reading...
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...

Continue Reading...
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...

Continue Reading...
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...

Continue Reading...
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....

Continue Reading...
 
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...

Continue Reading...
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...

Continue Reading...