How Does a No-Contest Clause Protect Your Will?

April 8, 2025

In a perfect world, you create your will with the guidance of an experienced estate planning attorney, your heirs inherit their legacy and everyone lives happily ever after. In the real world, however, it doesn’t always work out that way. Every year, families scrap over inheritances, says a recent article from Market Watch, “Avoid drama with your will by adding this to your estate plan.” What can you do? Consult with your estate planning attorney about the possibility of including a no-contest clause in your estate plan. How does a no-contest clause protect your will?

This can deter heirs from challenging your will by creating a no-win situation if they challenge the will in court. When a no-contest clause is included in the will, the beneficiary risks losing their entire inheritance.

The goal is to avoid challenges resulting from an emotional response to grief, which is not unusual, or a long-standing family resentment emerging after the death of a parent. People who are quick to pursue litigation will think twice with a no-contest clause.

Is it possible your heirs might challenge your will? Even if the likelihood is low, it’s worth adding the clause. Estate litigation is lengthy, expensive and emotionally draining. Second marriages, economic disparities among siblings, or estranged offspring provide fertile grounds for will challenges. However, even happy families sometimes find themselves in court battles when large inheritances are at stake.

Another factor: seniors who live longer than expected may have heirs who thought they were receiving a substantial inheritance. When there’s a smaller inheritance, the surprise can lead to litigation. Unfortunately, the cost of estate litigation can significantly reduce the value of an inheritance, making it even smaller.

Warren Buffett’s advice to talk about your estate plan with your adult children is a straightforward and sound approach for most families. Offspring taken by surprise in a time of emotional turmoil are more likely to become contentious.

You don’t have to reveal every detail to your heirs. However, you can educate them about the contents of the will and the estate in general. Letting them know about the no-contest cause and your reasons for adding it may preempt strong reactions if they don’t learn about it until after you’ve passed, and they can’t get answers to their questions.

If the family is a blended one, someone is going to be left out entirely, or there are nuances, such as one person inheriting outright while another receives distribution through a trust over time, there’s the possibility of a challenge. If you plan to give assets to someone who isn’t a family member, like a charity or a close friend, the family may unite to challenge the will.

Work with an estate planning attorney to discuss how a no-contest clause can protect your will. A no-contest clause isn’t a guarantee there won’t be a challenge after you’ve died. However, it’s a simple thing to insert into your will and reduces the risk. If you would like to learn more about no-contest clauses, please visit our previous posts.

Reference: Market Watch (March 14, 2026) “Avoid drama with your will by adding this to your estate plan”

Image by miltonhuallpa95

Protecting Your Business with Life Insurance

April 3, 2025

For small business owners, a sudden death or disability can put a company at risk, leaving partners, employees and family members struggling to manage operations. Protecting your business with life insurance is critical. It serves as a financial safety net, helping businesses cover debts, maintain cash flow and ensure a smooth ownership transition in case of an owner’s passing.

Why Life Insurance Is Essential for Business Owners

Unlike traditional employees, business owners do not have employer-provided life insurance benefits. Without a plan in place, unexpected loss can lead to:

Financial strain on surviving family members who may inherit business debt
Difficulties in succession planning, leaving employees and partners uncertain
A forced sale of the business to cover liabilities or taxes

Owners can protect their assets, partners and loved ones by incorporating business-focused life insurance policies.

Types of Life Insurance for Business Owners

1. Key Person Life Insurance

A key person insurance policy covers the loss of an essential employee or owner whose expertise, leadership, or financial contributions are critical to business success.

The business owns and pays for the policy
If the insured person dies, the company receives the payout
Funds can be used to cover lost revenue, hire a replacement, or settle business debts

This policy is essential for small businesses where one person drives most of the revenue.

2. Buy-Sell Agreement with Life Insurance

A buy-sell agreement funded by life insurance ensures a smooth ownership transition if one partner dies or becomes disabled.

Each partner owns a policy on the other’s life
If a partner passes away, the surviving owner(s) receive funds to buy the deceased’s share
Prevents the business from falling into legal or financial limbo

This arrangement provides stability for the company and fair compensation for heirs without forcing them into business operations.

3. Term vs. Permanent Life Insurance for Business Owners

Term Life Insurance: Provides coverage for a set period (e.g., 10, 20, or 30 years) and is affordable. Ideal for covering temporary business loans and obligations.
Permanent Life Insurance: Offers lifetime coverage with a cash value component. It can fund succession plans or provide liquidity for estate taxes.

Business owners should assess their specific needs to determine the right coverage type.

How Life Insurance Helps Business Continuity

1. Covering Business Debts and Loans

Many small business owners take on significant personal debt to grow their companies. If an owner dies, these debts do not disappear. Life insurance can help:

Pay off outstanding business loans and protect assets
Prevent creditors from claiming company property
Ensure that surviving family members are not burdened with financial obligations

2. Providing Financial Stability for Employees and Partners

A business without a contingency plan can quickly lose employees and clients. Life insurance provides:

Cash flow to continue payroll and operations
Stability to retain key employees during the transition
Security to keep the business running smoothly

This protection reassures employees and investors that the company can survive unexpected losses.

3. Estate Planning and Tax Benefits

For business owners with significant assets, life insurance can help cover estate taxes, preventing the need to sell off parts of the business. Benefits include:

Liquidity to pay taxes without affecting operations
Tax advantages when structured correctly under estate planning laws
Smooth transfer of ownership without financial strain on heirs

Proper planning ensures that a business remains an asset for future generations.

Secure Your Business’s Future with Smart Planning

Life insurance is a critical tool for protecting small businesses, ensuring that owners, employees and family members are financially secure in the event of the unexpected. If you would like to learn more about life insurance and estate planning, please visit our previous posts.

Reference: Thrivent (Nov. 2, 2022) “How Life Insurance Can Help Protect Your Small Business”

Photo by Tim Mossholder

Managing Inherited Property can be Complicated

April 1, 2025

When a loved one passes away, their home is often one of the most significant assets left behind. However, managing an inherited property can be complicated, involving legal procedures, financial obligations and potential family conflicts.

Knowing what steps to take can help heirs navigate the probate process, handle property expenses and decide whether to sell, rent, or keep the home.

Understanding Probate and Property Transfers

1. Determining Ownership and Title

Before making any decisions, confirming who legally owns the property is essential. Ownership depends on:

Whether the deceased had a will or trust specifying beneficiaries
The state’s inheritance laws if no will exists (intestate succession)
Whether the home was jointly owned by a surviving spouse or co-owner

If the property is included in a will, it must go through probate before transferring it to heirs. However, probate may not be necessary if it was placed in a living trust or owned jointly with survivorship rights.

2. Navigating the Probate Process

If the home is subject to probate, the executor of the estate is responsible for:

Filing legal documents to initiate probate
Paying outstanding debts and property taxes before distributing assets
Determining if the house must be sold to settle debts or be transferred to heirs

Probate can take months or even years, depending on the complexity of the estate. If multiple heirs inherit the home, they must agree on how to proceed with the property.

Financial Responsibilities of Inheriting a Home

1. Covering Mortgage and Property Expenses

If the home still has a mortgage, the heir must continue making payments or risk foreclosure. Other financial obligations include:

Property taxes and homeowner’s insurance
Utility bills and maintenance costs
Homeowners’ association (HOA) fees, if applicable

If the deceased had a reverse mortgage, the estate may need to sell the home or pay off the loan before inheriting it.

2. Selling vs. Keeping the Home

Once ownership is settled, heirs must decide whether to:

Keep the home – Ideal if a family member plans to live in it or use it as an investment.
Sell the property – A common choice to divide assets among heirs and cover expenses.
Rent the home – Provides an income stream but requires property management.

A legal dispute may arise if multiple heirs inherit the home but disagree on what to do. Having a clear estate plan can help prevent these conflicts.

Steps to Take When Managing an Inherited Home

Secure the Property – Change locks, check for damages and notify homeowners insurance of the owner’s passing.
Review Debts and Expenses – Determine if the home has outstanding loans, unpaid taxes, or liens.
Get a Home Appraisal – Assess the market value to guide selling, renting, or estate distribution decisions.
Settle Ownership and Probate Issues – Work with an attorney to transfer the title to heirs or sell the property.
Decide on Next Steps – Weigh financial and personal factors before keeping, selling, or renting the home.

Get Legal Guidance for Managing an Inherited Home

Managing an inherited property can be complicated, requiring careful legal and financial planning. Whether you need to navigate probate, resolve title issues, or explore selling options, and experienced estate planning law firm can help ensure a smooth transition. Id you would like to learn more about inherited property, please visit our previous posts.

Reference: AllLaw (Aug. 03, 2022) “Transferring Real Estate After Death”

Image by JayMantri

Understanding the Downsides of Joint Ownership

March 26, 2025

Many people add family members or spouses as joint owners of bank accounts, real estate, or investments to simplify estate planning and avoid probate. While joint ownership can offer convenience and asset access, it also presents serious risks that can lead to financial disputes, tax liabilities and legal challenges. Understanding the downsides of joint ownership is essential before making decisions that could impact your estate and beneficiaries.

What Is Joint Ownership?

Joint ownership means that two or more people share legal ownership of an asset. There are different forms of joint ownership, each with unique rights and implications. Some common types of joint ownership include:

Joint Tenancy with Right of Survivorship (JTWROS) – If one owner dies, the other owner(s) automatically inherit the asset. Common among spouses.
Tenancy in Common – Each owner holds a separate, distinct share of the property. Shares can be passed down in a will instead of automatically transferring to co-owners.
Tenancy by the Entirety – A unique form of joint ownership for married couples that offers protection from creditors in some states.
Joint Ownership of Bank Accounts – Gives all owners full access to funds, even if one person contributed all the money.

While these arrangements may seem beneficial, they can create unintended financial and legal consequences.

The Risks of Joint Ownership

1. Loss of Full Control Over the Asset

Adding a co-owner means you no longer have sole decision-making power. If you own property or an account jointly, the other person:

Must approve any sale or significant financial decision
Can legally withdraw funds or take actions you may disagree with
May refuse to cooperate in estate planning decisions

For example, if you add an adult child to your house deed, you cannot sell or refinance the home without their approval. If your relationship changes, legal conflicts may arise.

2. Exposure to the Co-Owner’s Debts and Liabilities

If a joint owner has debt, gets sued, or divorces, creditors can go after jointly owned assets. This means:

A co-owner’s financial troubles can result in liens or judgments against your property
The asset may be subject to seizure by creditors or division in a divorce settlement
You could lose control over the asset due to someone else’s financial mistakes

This is particularly risky when adding children or relatives with unstable finances or creditor issues.

3. Unintended Tax Consequences

Joint ownership can create tax problems, especially when transferring assets. Common tax issues include:

Capital gains taxes – If a property or investment is sold, the IRS may assess capital gains based on the original purchase price, not the market value at death.
Gift tax liability – Adding someone as a joint owner may be considered a taxable gift, requiring IRS reporting if it exceeds the gift tax exemption limit.
Loss of step-up in basis – Heirs who inherit assets outright get a “step-up” in tax basis to current market value, reducing capital gains taxes. With joint ownership, this benefit may be lost.

Without proper estate planning, heirs may owe more in taxes than necessary.

4. Complications in Estate Planning

Many people use joint ownership to avoid probate. However, this strategy can backfire. Risks include:

Disinheriting intended beneficiaries – If one joint owner survives, they get full ownership—even if your will says otherwise.
Unequal distribution of assets – If you own multiple assets jointly with different people, some heirs may receive more than intended.
Legal disputes – Family members may contest asset distribution if joint ownership conflicts with your will.

A well-structured trust or beneficiary designation often provides a more reliable way to pass down assets.

When Joint Ownership Might Be Appropriate

Despite its risks, joint ownership can be helpful in certain situations. For instance, it’s suitable if you trust the co-owner completely and want them to have full rights to the asset. There are also few drawbacks if the asset has minimal value or no tax consequences or if both parties contribute equally to the asset.

In most cases, estate planning tools such as trusts, payable-on-death accounts, or transfer-on-death deeds provide greater protection and control.

Protect Your Assets with Smart Estate Planning

While joint ownership may seem easy, it often creates more problems than it solves. Understanding the downsides of joint ownership is essential before making decisions that could impact your estate and beneficiaries. Before adding someone to your assets, it’s essential to consider the legal, financial and tax consequences. If you would like to learn more about joint ownership, please visit our previous posts.

Reference: Investopedia (March 02, 2024) “Joint Tenancy: Benefits and Pitfalls”

Image by Joshua Choate

Estate Planning Can Bridge the Gap Between Generational Wealth

March 19, 2025

Building wealth is only half the battle—ensuring that it lasts for future generations requires careful estate planning and strategic wealth management. Many families fail to implement a structured plan, leading to lost assets, unnecessary taxes and family disputes. Without the proper legal and financial strategies, even substantial inheritances can be squandered within a generation. Estate planning can bridge the gap between generational wealth; ensuring that wealth is protected, distributed according to the family’s wishes, and sustained for years to come.

Why Generational Wealth Often Fails to Last

Studies show that 70% of wealthy families lose their wealth by the second generation and 90% by the third. The primary causes include:

Lack of financial literacy – Heirs often receive wealth without a plan for responsible management.
Estate tax burdens – Without proper planning, substantial portions of an estate may be lost to federal and state taxes.
Legal disputes – Poorly structured wills and trusts often lead to costly inheritance battles.
Failure to adapt to changing financial laws – Inheritance laws, tax regulations and trust structures evolve over time.

Estate planning provides legal structures and safeguards to prevent these issues and ensure that family wealth remains intact.

How Estate Planning Protects Generational Wealth

Structuring Trusts for Long-Term Asset Protection:

Trusts are among the most effective tools for protecting wealth and ensuring that assets are passed down responsibly. Unlike a will, which simply distributes assets, trusts provide ongoing management and protection.

Common trust structures include:

Revocable Living Trusts – Allow individuals to control assets during their lifetime, while avoiding probate upon death.
Irrevocable Trusts – Provide stronger asset protection and tax advantages by permanently removing assets from the grantor’s estate.
Generation-Skipping Trusts (GSTs) – Allow assets to bypass one generation, reducing estate tax liability for grandchildren.

Trusts also allow customized inheritance distribution, such as delayed payouts, financial milestones, or incentives for responsible wealth management.

Minimizing Estate Taxes and Legal Fees:

High-net-worth individuals face significant estate tax challenges if wealth is not structured correctly. An estate planning attorney helps reduce tax exposure through:

Gifting strategies – Annual tax-free gifts to heirs reduce taxable estate size.
Charitable giving – Donating assets through charitable remainder trusts or donor-advised funds offers tax deductions while benefiting causes.
Family Limited Partnerships (FLPs) – These allow wealth to be transferred gradually, minimizing tax burdens.

Without tax planning, heirs may be forced to sell assets or businesses to cover tax liabilities.

Preventing Family Disputes Over Inheritance:

Even well-meaning families can experience conflict over wealth distribution. An estate planning attorney helps prevent disputes by:

Creating straightforward wills and trust agreements that specify asset distribution.
Including business succession plans to ensure seamless leadership transitions in family businesses.
Establishing conflict resolution mechanisms like mediation clauses to settle disputes outside of court.

A structured estate plan ensures that inheritance disagreements do not escalate into costly legal battles.

Teaching Financial Responsibility to Heirs:

Wealth transfer is more effective when heirs understand how to manage their inheritance. Estate planning attorneys work with families to:

Educate younger generations on financial management and investment strategies.
Introduce heirs to financial advisors who can help them navigate wealth preservation.
Incorporate inheritance incentives that promote responsible spending and investment.

Without financial education, even a well-structured estate plan can fail to maintain generational wealth.

Estate Planning for Business Owners

Family businesses require careful succession planning to ensure stability after the founder’s passing. An estate planning attorney helps:

Identify and prepare successors for leadership transitions.
Establish buy-sell agreements to ensure smooth ownership transfers.
Structure ownership in trusts or LLCs to provide financial protection.

Companies often struggle to survive past the first generation without a business succession plan.

Secure Your Family’s Financial Legacy

Estate planning can bridge the gap between generational wealth. It will give you the confidence that your assets are preserved, managed wisely and passed down without unnecessary financial losses. if you would like to learn more about managing generational wealth, please visit our previous posts.

References: J.P. Morgan (Nov. 18, 2024) “We Need to Talk: Communicating Your Estate Plan With Your Family” and Business Insider (Feb. 9, 2025) “Inside the Retreat for Billionaire Heirs Trying to Give Away Their Money”

Image by grplamondon

Strategic Gifting can Minimize Tax Liabilities for High Net-Worth Families

March 17, 2025

High-net-worth individuals and families often hold stocks, real estate, or other assets that have significantly increased in value over time. Selling these assets outright can trigger capital gains taxes, reducing the asset’s net value. However, strategic gifting—whether to family members or charities—can minimize tax liabilities for high net-worth families, while ensuring that wealth is transferred efficiently.

By understanding gift tax rules, charitable giving strategies and estate planning considerations, individuals can preserve more of their wealth while benefiting loved ones and the causes they care about.

Why Gifting Appreciated Assets Makes Sense

Gifting highly appreciated assets offers several financial advantages:

Reduces estate size – Helps minimize estate taxes by transferring wealth while living.
Avoids or reduces capital gains taxes – Capital gains taxes may be eliminated or deferred if an asset is gifted instead of sold.
Supports charitable causes – Donating appreciated assets directly to charities maximizes deductions, while providing financial support to nonprofits.
Leverages lower tax brackets – Gifting to beneficiaries in lower income tax brackets allows them to sell the asset with reduced capital gains exposure.

Careful planning ensures that these benefits are fully realized while complying with tax laws and avoiding unintended financial consequences.

Understanding Gift Tax Rules and Exemptions

The IRS imposes gift tax rules on high-value asset transfers. However, several exemptions allow for tax-free gifting.

Annual Gift Tax Exclusion

In 2025, individuals can gift up to $19,000 per recipient per year without triggering gift tax reporting. Married couples can combine their exclusions, allowing up to $38,000 per couple annually.

Gifting within these limits enables gradual wealth transfer without reducing the federal lifetime estate and gift tax exemption, which currently stands at $13.61 million per individual (subject to legislative changes).

Lifetime Gift and Estate Tax Exemption

Gifts exceeding the annual limit count toward an individual’s lifetime exemption, reducing the amount that can be passed estate-tax-free upon death. However, gifting assets while living can significantly reduce estate tax liabilities for individuals with estates exceeding the exemption amount.

Step-Up in Basis Consideration

Gifting appreciated assets can result in capital gains tax consequences for the recipient. Unlike assets inherited at death, which receive a step-up based on fair market value, gifted assets retain the donor’s original purchase price (basis).

For example:

If a parent purchased stock at $50,000 and it is now worth $250,000, gifting it to an heir would pass on the original cost basis of $50,000.
If the recipient sells the stock, they will owe capital gains tax on the $200,000 gain.

For individuals concerned about minimizing tax burdens for heirs, gifting certain assets while retaining others for inheritance may be the most tax-efficient strategy.

Charitable Giving Strategies for Appreciated Assets

Donating Stock Instead of Cash

One of the most tax-efficient ways to support a nonprofit is by donating appreciated securities directly. Doing so:

Avoids capital gains taxes that would apply if the stock were sold before donating.
Provides a full charitable deduction for the fair market value of the asset.
Maximizes the impact of donations, as the charity receives the full value without tax deductions.

For example, donating $100,000 in appreciated stock instead of selling it and donating cash could save $20,000 or more in capital gains taxes.

Charitable Remainder Trusts (CRTs)

A Charitable Remainder Trust (CRT) allows individuals to donate highly appreciated assets, while retaining an income stream during their lifetime. This strategy:

Defers capital gains taxes, allowing the trust to reinvest the entire asset value.
Provides a charitable tax deduction based on the present value of the donation.
Supports charities, while ensuring a lifetime income stream for the donor or beneficiaries.

CRTs are ideal for those who wish to benefit from their assets while making a long-term charitable impact.

Donor-Advised Funds (DAFs)

A Donor-Advised Fund (DAF) allows individuals to contribute appreciated assets, receive an immediate tax deduction and distribute funds to charities over time. DAFs provide:

Flexibility in choosing which charities to support over multiple years.
Tax-efficient giving by allowing donations to grow tax-free before distribution.
Simplified record-keeping for those making multiple charitable contributions.

DAFs are effective for individuals who want to maximize tax savings, while maintaining control over charitable donations.

Estate Planning Considerations When Gifting Assets

Gifting appreciated assets plays a key role in estate planning, reducing taxable estate size and ensuring smooth wealth transfer. An estate planning attorney can help:

Structure gifts to minimize tax burdens for both the donor and recipient.
Determine whether assets should be gifted outright or placed in a trust for greater protection.
Balance lifetime gifting with posthumous wealth transfer strategies.

For individuals with high-value estates, integrating gifting into a broader estate plan ensures optimal tax efficiency and legacy preservation.

Optimize Your Gifting Strategy with Estate Planning

Gifting highly appreciated assets requires careful planning to balance tax efficiency, wealth preservation and charitable giving. Whether you are donating assets, transferring wealth to family, or incorporating gifting into your estate plan, strategic gifting can minimize tax liabilities for high net-worth families. If you would like to learn more about gifting, please visit our previous posts.

Reference: Charles Schwab (December 13, 2024) “Tax-Smart Ways to Gift Highly Appreciated Assets”

Photo by August de Richelieu

What Kind of Trust Helps a Family with Young Children?

March 11, 2025

Trusts are not just for wealthy people. They are used when a family has young children and wishes to ensure that there is a plan in place to care for the children in case the parents die or become incapacitated. A recent article from Business Insider, “I asked an estate planning attorney the best way to establish a trust for my 2-year-old daughter,” explains what parents can do to protect their youngest loved ones. What kind of trust helps a family with young children?

There are a few different trusts to consider, depending on your situation:

Revocable Living Trust. The revocable trust is the most flexible. It is a separate legal entity with language directing how assets will be used for different scenarios. For instance, if someone dies or becomes disabled and their beneficiaries are all children, the trustee will manage and allocate necessary financial resources to support the children. Many estate planning attorneys consider a trust even more important than a will, since it doesn’t require the estate to be settled before trustees can access the assets.

An IRA Trust. You may want to consider creating an IRA trust if you own an IRA. This allows a minor child to be the beneficiary of the retirement account. On the death of the IRA owner, assets go into the trust, which has a trustee who manages the asset until the person comes of age or whenever the original owner wants them to receive the money.

When a regular IRA account is left to a minor, the family must petition the court to obtain a court-appointed guardian to manage the account until the minor is of legal age. With an IRA trust, you’ve clarified who the trustee should be and when the child will receive the money. If the money is not needed and can remain in the trust, it is a protected asset for their future.

A Trust for Minors. This allows you to leave assets to a child until they reach a certain age, which you articulate in the trust. You can leave all or a portion of the money to the beneficiary to be distributed when you feel they can manage it. You decide when to release the funds, who the trustee should be, the rules for how the money is to be spent and when the minor may receive income.

An Education Trust. In addition to creating a 529 College Account for a minor child, it’s a good idea to create an Education Trust to be sure the funds will be used for education. You can assign a certain amount for education and state the age you’d like the beneficiary to receive any leftover funds.

An estate planning attorney can help identify what kind of trust helps a family like yours with young children. It will give you the peace of mind knowing that you created a plan for your children or grandchildren to ensure that they have the funds they need in case of tragedy, and place guardrails on the money so it’s protected. If you would like to learn more about estate planning for young children, please visit our previous posts.

Reference: Business Insider (Jan. 31, 2025) “I asked an estate planning attorney the best way to establish a trust for my 2-year-old daughter”

Image by Stephanie Pratt

Revising Estate Planning Ensures Assets Are Protected Post-Divorce

March 5, 2025

Divorce changes not only a person’s financial and personal life but also the way their assets will be handled after death. Many people overlook the importance of updating estate planning documents after a divorce, which can result in unintended beneficiaries receiving inheritances or former spouses retaining control over critical financial and medical decisions. Revising your estate planning ensures that assets are protected and aligned with post-divorce goals.

How Divorce Affects Your Estate Plan

Divorce changes personal and financial circumstances and how assets will be distributed after death. Many forget to update their estate plans, leaving former spouses as beneficiaries or decision-makers. Without revisions, an ex-spouse could inherit assets, manage finances, or make medical decisions in an emergency.

Key documents that need immediate attention include wills, trusts, powers of attorney and beneficiary designations on life insurance and retirement accounts. Updating these ensures that assets go to intended heirs and that financial and medical decisions remain in trusted hands.

Updating Wills and Trusts

A divorce does not automatically remove an ex-spouse from an estate plan. If a will or trust still names the former spouse as a primary beneficiary or executor, they may inherit assets or retain authority over the estate. Updating key documents includes:

Revising a will to name new beneficiaries and executors
Amending or revoking any revocable trusts that include the former spouse
Reviewing state laws, some jurisdictions automatically void spousal provisions upon divorce, while others do not

Failing to update these documents may lead to unnecessary legal battles or the distribution of assets against the person’s wishes.

Changing Beneficiary Designations

Many financial assets pass directly to named beneficiaries outside of a will, making beneficiary updates essential after divorce. Documents to review include:

Life insurance policies and retirement accounts, such as 401(k)s and IRAs
Payable-on-death (POD) and transfer-on-death (TOD) accounts
Jointly held assets or real estate with right of survivorship

If an ex-spouse remains listed as a beneficiary, they may still receive these assets, regardless of the divorce decree. Updating beneficiary designations ensures that assets go to the intended individuals.

Adjusting Powers of Attorney and Healthcare Directives

Divorce often necessitates appointing new individuals to manage financial and medical decisions in case of incapacity. Changes to consider include:

Naming a new power of attorney for financial matters
Revising a healthcare proxy to designate a trusted individual for medical decisions
Ensuring that living wills and advance directives reflect current wishes

Leaving a former spouse in control of these decisions can lead to unintended complications, particularly in medical emergencies.

Secure Your Legacy with an Updated Estate Plan

Divorce requires more than financial separation—it demands a complete estate plan review to prevent unintended consequences. Revising your estate planning to reflect your current wishes is critical to protecting your assets post-divorce. If you would like to learn more about planning post-divorce, please visit our previous posts.

References: Investopedia (June 25, 2024) “Rewriting Your Will After Divorce” and Justia (September 2024) “Estate Planning After Divorce”

Image by Tumisu

Estate Planning for Americans Living outside the U.S.

February 24, 2025

There are many nuances to estate planning for Americans living outside of the U.S. While the current federal estate tax levels are extremely high, there are different rules in other countries, and a clear understanding is needed, as reported in the Tax Management International Journal/Bloomberg Tax article, “Americans Living Overseas Need Cross-Border Estate Planning.”

At the very least, expatriates will want to understand the federal estate tax and how it works with state-level taxes and how European taxes work, which are very different than the American model.

The current 2025 federal estate tax exemption is $13.99 million per individual, and estates below this threshold don’t pay federal taxes. The exemption will likely remain at elevated levels in the foreseeable future. Estates exceeding this level are taxed at rates up to 40%. However, most high-net-worth individuals have strategic estate planning to minimize their tax liability. Lifetime gifting, charitable donations and trusts shelter assets and pass wealth on to future generations.

Several states have their estate taxes, which are typically far lower than the federal level. Oregon, Rhode Island and Massachusetts have the lowest exclusions at $2 million or less. New York State’s estate tax exclusion is $7.16 million. However, there’s a so-called “cliff tax” if the estate value exceeds the exemption even slightly. In most states, the estate tax ranges from 0.8% to 20%. Your estate planning attorney will know what your state’s exemptions are.

Inheritance taxes are levied only by a few states, including Iowa, Nebraska, Kentucky, Maryland, New Jersey and Pennsylvania. Maryland, known as a corporate haven for its low business taxes, imposes both estate and inheritance taxes. These taxes are based on the value of the inheritance and the relationship to the decedent.

In Europe, U.S. citizens are subject to more inheritance taxes, where exemptions tend to be lower, and rates are far higher than in the U.S. If you live overseas, you’ll need to consider the cost of your exposure to two tax systems. U.S. federal estate taxes apply wherever you live, in or outside of the U.S., and European inheritance taxes are based on where the decedent lived.

Estate planning for expats requires a multi-national approach. Find out if your country has a U.S. Estate and Gift Tax Treaty, which may allow credits to offset taxes paid in one country against those owned in another.

American citizens may gift up to $19,000 per person every year tax-free. Some European countries have a similar situation where lifetime gifting is based on the relationship between the grantor and the recipient.

Trusts recognized in the U.S. may not be recognized in other countries, so be sure the structure works in both the U.S. and your country of residence to avoid unexpected taxes.

The will you created in the U.S. may not be in compliance with another country and could lead to problems in estate administration.

Estate planning for Americans living outside of the U.S. can be complicated and difficult. Speak with an experienced estate planning attorney who can help you navigate the estate taxes and estate planning needs for living outside of the U.S. You’ll need to plan strategically to navigate American and your adopted nation’s estate tax structures. If you would like to learn more about planning for those outside the U.S, please visit our previous posts.

Reference: Tax Management International Journal/Bloomberg Tax (Jan. 28, 2025) “Americans Living Overseas Need Cross-Border Estate Planning”

Image by Mircea Iancu

Post-Nuptial Agreement can help Couples avoid Conflicts

February 19, 2025

Marriage later in life—often called a “gray marriage”—is becoming increasingly common as people remarry after divorce or the loss of a spouse. While love and companionship are at the heart of these unions, financial and legal complexities should not be overlooked. A post-nuptial agreement can help couples align their financial goals, protect assets and avoid potential conflicts, ensuring long-term security for both partners.

What Is a Postnuptial Agreement?

A postnuptial agreement is a legally binding contract created between spouses after marriage (as opposed to a prenuptial agreement, which the parties create before marriage). It outlines how to handle assets, debts and financial responsibilities during the marriage and in the event of divorce or death. Unlike a prenuptial agreement signed before marriage, a post-nuptial agreement allows couples to adjust their financial arrangements as circumstances evolve.

Why Postnuptial Agreements Matter in Later Life

For couples in a gray marriage, a post-nuptial agreement can clarify financial rights, protect inheritances for children from previous relationships and establish expectations regarding healthcare and estate planning.

Protecting Retirement Assets

Many older couples enter marriage with substantial retirement savings, real estate and other financial assets. Without explicit agreements, these assets may be subject to division in the event of divorce, potentially jeopardizing retirement security. A post-nuptial agreement can specify how these funds will be managed and allocated.

Ensuring Inheritance for Children and Heirs

In second or later marriages, spouses may have children from prior relationships. A post-nuptial agreement can ensure that specific assets or family heirlooms remain designated for biological children or grandchildren rather than automatically passing them to the surviving spouse. This arrangement helps prevent inheritance disputes and aligns estate planning goals.

Managing Debt Responsibility

Later-in-life marriages often involve individuals who have accumulated debts, including mortgages, business obligations, or personal loans. A post-nuptial agreement can clarify which debts are jointly shared and which remain the responsibility of the original borrower, preventing unexpected financial burdens.

Addressing Healthcare and Long-Term Care Costs

As couples age, medical expenses and long-term care costs become increasingly relevant. A post-nuptial agreement can outline how these costs will be covered, whether through shared finances, separate assets, or long-term care insurance. It can also specify healthcare decision-making responsibilities, if one spouse becomes incapacitated.

Clarifying Financial Expectations and Support

Some spouses in gray marriages may choose to keep their finances separate, while others prefer joint accounts. A post-nuptial agreement can establish clear expectations about how expenses, investments and financial support will be handled, reducing the likelihood of misunderstandings.

How to Create a Post-Nuptial Agreement

Couples should begin by discussing their financial goals, individual assets and any concerns about estate planning or debt. It’s important to be transparent about existing financial obligations and expectations for the future.

Work with an Attorney

A post-nuptial agreement should be drafted with an experienced attorney who understands family law and estate planning. Each spouse should have their own legal counsel to ensure that the agreement is fair and enforceable.

Ensure Full Disclosure

For a post-nuptial agreement to be legally valid, both spouses must fully disclose their assets, debts and financial interests. Any attempt to hide financial information could lead to the agreement being challenged in court.

Review and Update as Needed

As financial circumstances change, reviewing and updating the agreement periodically is important. Major life events like retirement, health changes, or new financial goals may warrant revisions.

Are Post-Nuptial Agreements Legally Enforceable?

Post-nuptial agreements are legally recognized in most states. However, courts will assess them based on fairness, financial disclosure and whether both spouses entered into the agreement voluntarily. If an agreement is unfair or was signed under duress, a court may choose not to enforce it.

Strengthening a Marriage through Financial Clarity

A post-nuptial agreement is not just about protecting assets – it can also help couples avoid conflicts and strengthen a marriage by fostering open communication and reducing financial uncertainty. By addressing financial concerns proactively, couples in gray marriages can focus on building a secure and fulfilling future together. If you would like to learn more about post-nuptial agreements, please visit our previous posts.

Reference: AARP (Nov. 15, 2024) “The Marriage Agreement Every Gray Couple Should Sign (and It’s Not a Prenup)”

Image by Alisa Dyson

Category: Asset Protection

How Does a No-Contest Clause Protect Your Will?

Protecting Your Business with Life Insurance

Managing Inherited Property can be Complicated

Understanding the Downsides of Joint Ownership

Estate Planning Can Bridge the Gap Between Generational Wealth

Strategic Gifting can Minimize Tax Liabilities for High Net-Worth Families

What Kind of Trust Helps a Family with Young Children?

Revising Estate Planning Ensures Assets Are Protected Post-Divorce

Estate Planning for Americans Living outside the U.S.

Post-Nuptial Agreement can help Couples avoid Conflicts

Categories

View Blog Archives

Watch the

Estate Of The Union

Join Our

eNewsletter and Blog Digest List

Listen to the

Estate Of The Union

Texas Trust Law

Quick Links

Connect With Us