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Category: Trusts

Why You Can Transfer Your Mortgaged Home Into a Trust

Why You Can Transfer Your Mortgaged Home Into a Trust

If you’ve ever looked into creating a living trust, you’ve probably heard that your mortgaged home can (and usually should) be titled in the name of your trust. But if you have a mortgage, you might wonder, will that transfer violate the loan agreement or trigger the lender to call the loan due? That’s where the Garn St Germain Depository Institutions Act of 1982 comes in. This federal law quietly makes it possible for homeowners to move their residence into…

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Estate Tax Exemption Doubled—Permanently: What This Means for You and Your Family

Estate Tax Exemption Doubled—Permanently: What This Means for You and Your Family

Back in 2018, I began telling folks the doubled estate tax exemption under the 2017 Tax Cuts and Jobs Act (TCJA) wasn’t going anywhere. Despite all the hand-wringing over the scheduled 2026 sunset, I remained confident that Congress would find a way to preserve the higher threshold. Now it’s official. Starting January 1, 2026, the federal estate, gift, and generation-skipping transfer (GST) tax exemptions will be permanently set at $15 million per individual. That’s double the previous baseline and a…

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Understanding Powers of Appointment in Estate Planning

Understanding Powers of Appointment in Estate Planning

A power of appointment adds a layer of adaptability to your estate plan. It allows you to name someone who can later decide how to allocate specific assets, offering both flexibility and responsiveness to changing family dynamics or tax considerations. This can be especially helpful in blended families or when future circumstances are hard to predict.

Trusts: Testamentary or Revocable Living?

Trusts: Testamentary or Revocable Living?

When planning your estate, selecting the right type of trust is essential for fulfilling your wishes distributing your assets according to your desires. Two common types of trusts are testamentary trusts and revocable living trusts. While both serve the purpose of managing and distributing assets, they have distinct differences in terms of creation, administration, and functionality. Understanding these differences can help you make an informed decision best suiting your estate planning needs. Testamentary Trusts A testamentary trust is created within…

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Understanding Testamentary Trusts: A Guide for Parents

Understanding Testamentary Trusts: A Guide for Parents

Testamentary trusts also known as contingent trusts are powerful tools in estate planning. This type of trusts offers individuals the ability to maintain control over their assets after their passing. Often overlooked or misunderstood, testamentary trusts provide a means to distribute assets according to specific wishes, and protect beneficiaries. Most often this type of trust is used by families with minor children or young adults. What are Testamentary Trusts (a.k.a. Contingent Trusts) ? A testamentary trust (or contingent trust) is…

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