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Home Archives for Elizabeth D. Mitchell

Elizabeth D. Mitchell

Elizabeth D. Mitchell June 23, 2022

Understanding Tax Apportionment Clauses

Many individuals mistakenly believe that they need a large estate before concerning themselves with taxes at their death. While the Federal government does not impose taxes until an estate exceeds the … [Read more...] about Understanding Tax Apportionment Clauses

Filed Under: Estate Planning, legal education

Elizabeth D. Mitchell June 16, 2022

What Makes a Will or Trust Invalid

Clients often worry about the execution of their plan after death. Sometimes, individuals fail to see their complicity in the destruction of their plan. Numerous ways exist to invalidate an Estate … [Read more...] about What Makes a Will or Trust Invalid

Filed Under: Estate Planning, legal education

Elizabeth D. Mitchell June 9, 2022

How Do I Title Thee…Part 1

We often consider Estate Planning documents such as a Will, Trust, Property Power of Attorney, and health care documents to be the building blocks of an Estate Plan. While a necessary and important … [Read more...] about How Do I Title Thee…Part 1

Filed Under: Estate Planning, legal education

Elizabeth D. Mitchell June 2, 2022

Spring Summit 2022: Celebrating Friendship in the Lone Star State

The best Estate Planners stay current on the latest trends. The American Academy of Estate Planning held its semi-annual conference providing education and learning for and inspiring excellence in its … [Read more...] about Spring Summit 2022: Celebrating Friendship in the Lone Star State

Filed Under: Estate Planning, legal education

Elizabeth D. Mitchell May 26, 2022

Business Succession Planning May Be Easier than You Think

Many Estate Planning attorneys shy away from business succession planning, but if you approach it like you do any other asset, it’s not so scary! First, it’s important to understand that entities … [Read more...] about Business Succession Planning May Be Easier than You Think

Filed Under: Attorney, Business succession, Estate Planning, legal education

Elizabeth D. Mitchell May 19, 2022

What an In Terrorem Clause Can Do for You

Estate Planning practitioners field questions regarding disinheriting beneficiaries regularly. The second question often relates to what happens when that beneficiary or any other tries to have the … [Read more...] about What an In Terrorem Clause Can Do for You

Filed Under: disinherited beneficiary, Estate Planning, in terrorem clause, legal education, no contest clause, Trust, Will

Elizabeth D. Mitchell May 12, 2022

The Toll of Serving as Fiduciary

Estate Planning attorneys balance competing interests when helping clients decide who they should name as personal representative and trustee. Some of the factors that a client needs to consider are … [Read more...] about The Toll of Serving as Fiduciary

Filed Under: Estate Planning, legal education

Elizabeth D. Mitchell May 5, 2022

The Power in Powers of Appointment

Estate Planning attorneys balance competing interests when creating estate plans. Uncertainty about the future concerning taxes and each beneficiary’s situation requires flexibility in an Estate Plan. … [Read more...] about The Power in Powers of Appointment

Filed Under: Estate Planning, GPOA, legal education, LPOA, powers of appointment

Elizabeth D. Mitchell April 28, 2022

Just When You Thought You Understood the 10-Year Rule, Think Again

IRAs have become ubiquitous components of estate plans. The SECURE Act of 2019 altered the landscape for IRAs significantly by eliminating the stretch benefit for most designated beneficiaries and … [Read more...] about Just When You Thought You Understood the 10-Year Rule, Think Again

Filed Under: consumer, Estate Planning, legal education, retirement planning

Elizabeth D. Mitchell April 21, 2022

Estate Planning – Something You Shouldn’t Do Yourself

It’s tempting to think that by taking the time to hand-write your Will or preparing a do-it-yourself plan, you can avoid many of the issues that arise with a Will. In fact, the opposite may be true. … [Read more...] about Estate Planning – Something You Shouldn’t Do Yourself

Filed Under: consumer, Estate Planning, legal education

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News

IRS Confirms Grantor Trust Status Alone Does Not Cause a Step-Up in Basis

The IRS released Revenue Ruling 2023-2 explaining that assets in a trust which is not included in the estate of the decedent don’t receive a “step-up” … [Read More...] about IRS Confirms Grantor Trust Status Alone Does Not Cause a Step-Up in Basis

Understanding the Importance of the Simultaneous Death Act

Most spouses create Estate Plans that are intertwined. The plans work well on numerous levels allowing the spouses to benefit the surviving spouse and … [Read More...] about Understanding the Importance of the Simultaneous Death Act

The SECURE Act – the Gift That Keeps On Giving

The SECURE Act of 2019 altered the landscape for IRAs significantly when signed into law. Just when advisors gained a level of comfort with the SECURE … [Read More...] about The SECURE Act – the Gift That Keeps On Giving

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