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Joe Volin's 12-Part Personal Guarantee

17 Tragic Misconceptions About Wills and Trusts

7 Potential Problems With Living Trusts

9 Dangers of Owning Property in Joint Tenancy

10 Fatal Mistakes That Tear Families Apart

Solutions to 15 Problems That Could Cost You a Fortune

Your Estate Plan Needs Maintenance

How to Choose a Qualified Lawyer

12 Tough Questions to Ask a Lawyer

Quiz for Estate Planning Lawyers

How I Calculate Legal Fees

Testimonials from Clients and Professionals

Continuing Education Courses

Joe Volin’s Pop Quiz for Estate Planning Lawyers

Give this quiz to every lawyer you interview to make sure he or she has the knowledge, skill, judgment and experience you need to protect your assets and prepare your estate plan.


Tax Issues

  • Is there any concern about giving monetary gifts out of a living trust? If so, how do you handle this concern? What if I am considered mentally disabled?
  • When should pecuniary or fractional shares be used for tax planning?
  • How is the family trust taxed at the first death of a married couple?
  • What are the tax issues at the second death of a married couple? How do you assist in transferring dollars/assets to later beneficiaries?
  • Do you handle tax returns after the death of your client?


Medical Concerns

  • Who handles my medical decisions when I am not able to? What options for personalizing health care decisions are available?
  • If I am mentally disabled, how do I manage my investment funds within my retirement plan?
  • How is a mental disability handled within a living trust? How is determination made of my disability?

Trust Protection Provisions

  • If my beneficiary later divorces, what protective provisions do you include in the trust?
  • If my beneficiary has a catastrophic illness, what protective provisions are included to avoid spend-down of the inheritance?
  • If my beneficiary has credit/bankruptcy problems, is there creditor protection provided by the plans you recommend?
  • What provisions do you include within the living rust for dealing with disputed debts after my death?
  • How is personal property handled? What provisions do you recommend to minimize disputes after my death?
  • Explain trust creditor protection.

Funding

  • Do you recommend funding a living trust? All assets? Explain reasons for any exceptions.
  • Describe your system for funding a living trust and keeping it funded?
  • How do you handle funding of Qualified Retirement Plans, IRA’s, etc.? What is your recommendation on beneficiary designations?
  • Does your firm review asset name changes regarding living trust funding?
  • Do you put life insurance in trust? Does the type of life insurance policy make a difference?

General

  • How do my successor trustees know about what they are to do upon my death?
  • Describe your system of communicating and implementing changes made necessary by tax changes, legislation or court rulings? How do you bill for these changes?
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Copyright © 2000
John Joseph Volin, P.C.