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So there has been a little talk about estate planning in this sub recently, and I wanted to answer questions people have.
I'm an attorney licensed in 3 states, and I've practiced estate planning and probate, business, and real estate law for over 10 years.
Ask me anything.
Disclaimers: I am not your attorney, and I can only give general legal information; I can not give legal advice. You should retain a lawyer in your state to answer your specific questions. Some states may consider this attorney advertising.
What questions and at what points should people in alternative dynamics be asking about legal and financial planning (in general)?
Do you want a non-married partner to receive anything? Then you need to talk to an attorney. Do you have kids, either with one or multiple partners? You need to talk to an attorney.
You should be talking about how marriage affects ownership of assets and if there are tax consequences to leaving assets to a non-related party. If there are children with multiple partners, then you need to talk about how that changes inheritance laws and how you need to account for them.
What family planning/kid issues do you see causing the most peoblems?
Not planning and assuming everything will "just work out."
This is a situation where a trust is almost definitely the ideal solution.
I can't speak to challenges as that can get state- and fact-specific.
Trusts for children with special needs are common and very important, especially when government benefits are involved.
It really depends on the state. In New York? Probably close to 90% or maybe even higher, not including tax and military/veterans benefits.
In Florida? It's closer to 75% because of the strong creditor protections that exist for assets held in a marriage.
Even monogamous married couples need these documents. In some states, without them, the spouse will need to get guardianship. That costs a lot more.
As for very expensive, that may be relative but basic documents are probably affordable.
Yes, but I can't get into specifics about clients.
Honestly? I don't know. If the question is how often do polyam clients plan for multiple partners, the answer is that I rarely see it. Most often, a married couple is taking care of themselves and their kids.
You are going to need to bring in an attorney who can advise you. There are a few different options and which one is right for you will depend on a number of factors.
I don't practice in any community property states so I can't answer that part but everything should be able to be done in the 401K documentation. You do not want it to become a probate asset that is distributed through a will.
It depends. What kind of asset protection? It would protect your assets from other inheritors but whether you would have any protection from creditors will depend on the kind of and language of the trust.
In general, POA trumps a spouse unless the spouse is listed on the accounts. Often but not always, a POA or name health care proxy will be given preference in guardianship proceedings as well.
Not necessarily. Even for a married couple they may not name the spouse. Think for example of an older couple who delegates this to their children, for example.
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At its most basic it's getting assets to your heirs. But we do powers of attorney, health care proxies, wills, trusts, and other things to protect people at end of life, after death, and even when they're away on vacation.