by Tawnya Gilreath

Wills, Trusts & Dying Intestate: How They Differ

Estate and Business

Most people understand that having some sort of an Estate Plan is a good thing. However, many of us don’t take the steps to have an estate plan prepared because we don’t understand the nuances between wills and trusts – and dying without either.

Here’s what will generally happen if you die, intestate (without a will or trust), with a will, and with a trust. For this example, we’re assuming you have children, but no spouse:

1. Intestate. If you should die intestate, your estate will go through probate and all the world will know what you owned, what you owed, and who got what. Your mortgage company, car loan company, and credit card companies will all seek payment on balances you owed at the time of your death.  Read More

by Tawnya Gilreath

Who should I pick to be successor trustee?

Estate and Business

When you create a living trust, you usually need to choose who to name as your successor trustee. It is crucial that this decision is not taken lightly and that the right person is selected for the job.

If you become incapacitated, your successor trustee will step into your shoes and take full control of your trust assets on your behalf. This means he or she will have full authority to make financial decisions — including selling or refinancing trust assets. In fact, as long as the act does not interfere with the instructions in the trust document and does not breach any fiduciary duty owed, your successor trustee is given broad authority over your trust assets. The authority is very helpful in many circumstances because it avoids costly, time-consuming court proceedings, like guardianship, conservatorship, or probate. Read More

by Tawnya Gilreath

Five Considerations When Selecting a Guardian for Your Children

Estate and Business

There is no question that having children changes everything — and estate planning is no exception. If you and your spouse pass away or become legally incapacitated, and arrangements were never made in the event of such an emergency, your minor child or children will have to be placed with a new family. Not surprisingly, such a drastic change can be a disruptive process for minor children — even if they are placed with members of your family. If you choose a guardian for your child in your will or other estate plan documents this difficult time can go much more smoothly. Read More

by Tawnya Gilreath

Wills vs. Trusts: A Quick & Simple Reference Guide

The Law Office of Tawnya Gilreath

Confused about the differences between wills and trusts?  If so, you’re not alone. While it’s always wise to contact experts like us, it’s also important to understand the basics. Here’s a quick and simple reference guide to give you the basics on (1) What Revocable Living Trusts Can Do – That Wills Can’t; (2) What Wills Can Do – That Revocable Living Trusts Can’t; and (3) What Both Wills & Trusts Can Do. Read More