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to the Law Office of Tawnya Gilreath, a law practice focused on business, estate planning, and asset protection. Protecting Business, Family and the People you Love…(818) 528-8720

Business, Estate Planning, Asset Protection

Practice Areas

Business Law and Business Planning (1) Estate Planning Asset Protection Practice

Our law practice is focused on business law, business planning, estate planning, and asset protection for both personal and business assets. These areas cover a broad range of planning and legal services that help alleviate some of the issues that keep individuals and business owners up at night.

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Estates and Business Blog

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You intend to pass along your wealth through your estate plan, but what about your wisdom?

Most families lead far-flung and busy lives, meaning the only time they see one another face-to-face is around the dinner table during a handful of major holidays. The estate planning process is a perfect opportunity to bring everyone together outside of those scheduled occasions.

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People often set up bank accounts or real estate so that they own it jointly with a spouse or other family member. The appeal of joint tenancy is that when one owner dies, the other will automatically inherit the property without it having to go through probate. However, joint ownership can also cause unintended consequences and complications.

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Good estate planning includes a plan in place to manage your affairs if you become incapacitated during your life and can no longer make decisions for yourself. Without a comprehensive incapacity plan in place, your family will have to go to court to get a judge to appoint a guardian or conservator to take control of your assets and health care decisions.

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Most people don’t know the law has changed: inherited retirement accounts no longer have asset protection, meaning they can be seized by strangers. Fortunately, retirement account protection still exists by using Standalone Retirement Trusts.

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A special trust called a “Standalone Retirement Trust” (SRT) can protect inherited assets from your beneficiaries’ creditors. Spouses can use SRT to shield one or the other from creditors, SRT will provide oversight and instruction on how much beneficiaries receive and when, SRT can protect beneficiaries from creditors, SRT can avoid disqualification on need-based government assistance programs and you can also avoid disinheritance of children after remarriage.

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When you pass away, your family may need to visit a probate court in order to claim their inheritance. This can happen if you own property (like a house, car, bank account, investment account, or other asset) in only your name. Although having a will is a good basic form of planning, a will does not avoid probate. Instead, a will simply lets you inform the probate court of your wishes – your family still has to go through the probate process to make those wishes legal.

Here are 3 key reasons why you want to avoid probate.

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