Thompson Von Tungeln Legal Blog

The Trustee acts as the legal owner of trust assets, and is responsible for handling any of the assets held in trust, tax filings for the trust, and distributing the assets according to the terms of the trust. For our clients who have set up a Living Trust, you are the Trustee of your own Living ...

With the coming of the Fall season, we are also about to head into a time of year filled with a number of holidays where we might be around and with family. This is always time of year that I advise my clients to consider having some often difficult, but necessary, conversations with their loved ...

The government may be trying to get their hands into your and your loved ones' pockets again – – and in a VERY BIG way! I am not going to predict which political party will win the November election and control the Presidency, Senate, and House. But I do need to let you know what may happen ...

As the COVID-19 pandemic rapidly affects our everyday lives in unprecedented ways, our legal team at Thompson | VonTungeln A P.C. has been getting calls from clients of all ages and background who are finding themselves contemplating whether their important estate affairs are in order in case the...

You may be under the assumption that a durable power of attorney will prevent the court's involvement at incapacity- A durable power of attorney lets you name someone to manage your financial affairs if you are unable to do so. However, many financial institutions will not honor one unless it is ...

There are numerous reasons I love LegalZoom. Here are a few: First, my ideal estate planning clients do not use LegalZoom for their estate planning. The people who use LegalZoom would never go to a lawyer who is not dirt cheap. Unfortunately, experienced estate planners are not dirt cheap. Theref...

Please take a moment and check out the short article in the link below. Awareness is the first step in stopping crimes against our elderly citizens. Crimes against the elderly are epidemic in our society. www.caring.com/blogs/fyi-daily/top-scams-against-older-adults Caring.com is a great resourc...

Many individuals lead active, virtual lives. They are on gaming sites, social networking sites, have online financial capability, and are active on online auction site. What impact can these activities have on their estate plan? It depends on how familiar the executor and heirs are with the onlin...

Legal planning and estate strategies seem a smart move for those with large estates that take much planning, but what about the family who doesn't have much of an estate to transfer? What about those with minimal estates? How can they avoid probate? Thankfully, probate can be avoided no matter th...

This development could have major implications for our clients. As an estate planning lawyer, I am constantly asked for advice on whether someone should buy Long Term Care Insurance. If this writer is accurate, it will most definitely make LTC less attractive in the future. Read the article here...

The point of creating a will and planning an estate is to organize your affairs before death so that all monies and properties are transferred efficiently and quickly to the desired recipients. The more prepared you are, the easier the process will be after you are gone. Having your estate enter ...

Most people realize that probate is not a favorable process to encounter after the death of a loved one. But why should you avoid probate? What exactly is it about probate that makes it so undesirable? Consider the main drive of avoiding probate—probate fees and the 18 months or so it take to go ...

When settling the estate of a loved one, most times friends and family will face the reality of probate. While avoidable, most estates enter probate and face a months-long process of settling the estate through probate court. This process can become costly and time-consuming, and can prolong the ...

Most people fear the probate process and wish to avoid it at all costs. True, the probate process can lengthen the grieving process for the death of a loved one and prolong the settling of the estate, but for the most part it is a necessary process after a loved one has passed on. While it is nec...

Preparing for death includes facing some difficult situations and preparing for what will come after you or a loved one is gone. One aspect of settling a deceased loved one's estate is the probate process. Often plans are not made for the probate process, leaving the will executor or appointed ex...

In California, the number one goal in estate planning is to avoid probate. California has one of the most rule driven, expensive and time consuming probate systems in the nation. As a result, it makes great sense to avoid probate in the first place. How does one avoid probate? The best method in ...

Estate planning can sometimes be presented as a headache or painful task, yet the rewards of properly caring for an estate are many. Consider this fact: when you pass, everything you own must be transferred to someone else. Ideally, you will have established a trust which will clearly outline who...

Dealing with the death of a loved one can be a difficult and painful process. The emotional roller coaster of dealing with death compounds the necessary process of settling the deceased's estate. One aspect of settling an estate that should be avoided is probate. Probate is the legal process of s...

I once ran into a retiree who had a considerable amount of wealth and lived very luxuriously. Over the course of our conversation it was discovered that he had spent his entire life working as a janitor of an elementary school. Floored, I asked the obvious, “How did you accumulate such worth in s...

As parents and older loved ones age, they can find themselves unadjusted to a new dynamic of society. Where once they might have trusted many people in their younger days, they're now faced with the sad reality that not everyone who offers help is truly interested in helping them. As a younger ca...

One of the benefits of a struggling economy is the increased attention to retirement planning. Granted, some people will have a retirement plan in place early in life, but the average American isn't fully prepared to retire into a life of comfort. As the child of an aging parent, it would be wise...

There are many reasons to hire an estate planning attorney when you are concerned about the financial security of your loved ones. However, a reason that is arguably the most significant is the issue of estate taxes, and a specialist's inside knowledge on the best ways to navigate the system. If ...

Many Americans understand the importance of retirement planning and many begin such plans early in life through employer programs or other methods. But facing the task of figuring out just how much to set aside for a comfortable retirement can be a daunting problem. There is no set amount that wi...

What happens when your loved one approaches the point that they can no longer function independently? While definitely a scary time for many, a few steps must be taken to ensure their legal affairs are in order. The following are a few important points that must be discussed between you and famil...

So you've made the transition from child, niece/nephew, friend, or acquaintance to caregiver. Now what? Too many people have a wrong view of caregiving and end up either burning themselves out or give up on the task. To prevent such instances from happening to you, consider the following tips for...