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Memento Mori Estate Planning Podcast: Episode 2

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What Happens to Your Property if You Die Without an Estate Plan?

Connecticut residents have a default estate plan.  It is codified in a set of statutes known as the laws of intestacy.  These laws determine who is entitled to inherit the deceased’s property.  Generally, the distribution of property depends on whether a person was married, had children, or had living parents.  Intestacy—the default estate distribution schematic—can be modified through estate planning.

 

Scenario 1: Single—No Children—Living Parents

The estate of an unmarried decedent without children would pass entirely to his parents.

 

Scenario...

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Should You Have a Will or a Revocable Living Trust?

It’s the fundamental question that arises in estate and legacy planning.  Should I have a will or revocable living trust?  The answer to this question is crucial to estate planning.  Its answer informs the very building block of a workable plan.  Your goals—whether asset protection, Medicaid planning, business continuity, spousal protection, etc.—cannot be addressed until you have reached a decision on your plan’s “anchor instrument.”  Every estate plan is anchored by a core document from which other components of the plan proceed.  This instrument is either a will or a revocable living trust.  This article explores the pros and cons of each type of plan.

Many people...

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Estate Property: Probate or Non-Probate?

An estate plan is not a stack of documents.  At its heart, estate planning involves arranging one’s property and affairs for use during life and disposition after death.  A person’s “gross estate” generally includes two types of property: probate and non-probate.  This article provides a brief overview of these two approaches to property distribution after death.

Probate property refers to assets that must pass through the Probate Court system before being distributed to heirs.  A probate case begins when a person (usually a potential heir of the deceased) asks the Court to open a proceeding for the administration of a decedent’s estate.  The Court will...