Question 17.   Can you briefly describe what you mean by an "inadequate" estate plan?

Answer.   An inadequate estate plan can involve a multitude of issues. This is why we insist upon doing a written analysis of each client's personal, family, financial and business situation including a review of any existing Wills, Powers of Attorney, Trusts, Limited Liability Companies, Family Limited Partnerships, etc. Upon reviewing everything we then provide a detailed written summary of what we have determined and then further detailed recommendations as to what we believe would best serve this client's long-term interests. Many of the "inadequate" estate plans that we have reviewed (well over 1,000) have consisted of: (a) structures that will not avoid probate; (b) documents which have omitted many otherwise available protective features; (c) structures established to be controlled by third parties when the circumstances and the law does not require control by third parties; (d) large personally owned life insurance policies which should have been purchased through an irrevocable life insurance trust; (e) poorly drafted trust, limited liability company and/or limited partnership agreements; (f) living trusts which were established but were unfunded with the assets remaining titled in the names of the individual owners (a not uncommon tactic by probate attorneys); (g) structures that were not designed to provide maximum death tax savings although such means were readily available; (h) structures that were not designed to provide increased asset protection for children and grandchildren although such means were also readily available; (i) structures which failed to properly provide for the incapacitation of a Trustee and his/her successor; etc.; (j) Trust Agreements which failed to properly provide for the future disability of a beneficiary; and (k) Trust Agreements which contain grossly inadequate "no contest" provisions.

Call us today for a FREE consultation to discuss whether or not your current asset protection/estate planning arrangement is properly drafted and structure to provide you with the maximum benefits under current law.