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Archive for May, 2011

May 30th, 2011

What is a Holographic or Handwritten Will?

(Estate Planners) - The holographic or handwritten will is a “step above” having no will at all. This type of will is considered valid in many states; in fact, in almost thirty states, even a holographic or handwritten will that has not been witnessed is valid. The holographic will must be prepared in the handwriting of the testator. Even in states that recognize the validity of a handwritten will, the laws are very strict and particular.

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May 23rd, 2011

What is a Deathbed Will?

(Estate Planners) - ather than die intestate, or without a will, some people choose to create a deathbed will when they realize that their death is imminent. The deathbed will is sometimes called a holographic will. This simply refers to the fact that it is usually handwritten. Regardless of its hasty creation, there are some jurisdictions that will recognize a deathbed will as a binding and valid last will and testament.

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May 16th, 2011

What is a Resulting Trust?

(Estate Planners) - An arrangement where one individual holds property or assets for the benefit of another individual and that is implied by the courts in particular cases where an individual transfers property to another, giving the person legal title to it without the intention of the person having beneficial or equitable interest in the property is said to be a resulting trust.

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May 9th, 2011

What is a Qualified Terminable Interest Property Trust (“QTIP Trust”)?

(Estate Planners) - The qualified terminable interest property trust or QTIP trust is sometimes also referred to as a marital qualified terminable interest property trust. This trust is established to provide a surviving spouse with lifetime income that is derived from money that is earned by the assets that are transferred to the trust.

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May 2nd, 2011

What is a Qualified Personal Residence Trust (“QPRT”)?

(Estate Planners) - Many people, when planning their estates, elect to establish a qualified personal residence trust (acronym QPRT) as a way of removing the value of their residence or home from their taxable estate. This trust is very appealing due to the fact that it will combine substantial gift and estate tax savings with very minimal lifestyle changes while also helping to avoid the fear that too much has been given away.

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