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BENEFICIARY DESIGNATIONS: The LEAST EXPENSIVE Type of Estate Planning.
NOW, you might be too young, work too much, or just haven't had time to think about it, but there is something out there called "beneficiary designations" that you can use in lieu of a trust or will, and that will literally cost you nothing, other than half an hour of your time. Sound interesting? It should. Here's the breakdown: Beneficiary Designations go by many names: transfer on death (TOD), payable on death (POD), inheriting party, in trust for (ITF), etc. Whatev
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ESTATE PLANNING 101: What is it, and is it right for you?
The MAIN beneficiary of your Estate Plan, is your FAMILY. If you asked me 20-YEARS AGO about Estate Planning, I would have looked at you with a BLANK FACE. Fast-forward twenty-years, and I'm an estate planning attorney. Contrary to popular opinion, Estate Planning is not just a fancy word lawyers made up to add to their infinite lexicon of fancy words. Estate Planning is actually a functional word that embodies the process of controlling the what, when, and how your assets
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SCHOOL OF HARD KNOCKS: Estate Planning
"5-THINGS YOU DON'T WANT TO HEAR ABOUT ESTATE PLANNING" READER WARNING: IF YOU ARE EASILY OFFENDED, OPEN-MINDED BUT ONLY WHEN IT ALIGNS WITH YOUR OPINION, AN IDEOLOGUE BUT NOT A GOOD ONE, OR THINK BAMBI'S MOM (SPOILER ALERT) SHOULDN'T HAVE BEEN KILLED IN DISNEY'S CULT CLASSIC MOVIE ABOUT LOSS AND NEW BEGINNINGS, THEN YOU SHOULD STOP READING RIGHT NOW!......................................................... FOR EVERYONE ELSE, ENJOY! Foreword: As the title suggests, this BLOG
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3-WAYS TO AVOID COURT: Small Claims, Demand Letter, etc.
Is court a necessary evil? Maybe. But does that mean we have to like it?--Absolutely not! INTRO I have yet to meet someone that absolutely revels in the idea of a contentious no-holds-barred court battle! But Ruben, you're probably muttering, I've watched live court TV, read newspapers, and have even watched My Cousin Vinny (great movie by the way); I know to a mathematical certainty that lawyers love to argue and people are naturally litigious. Look, a broken clock is ri
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STEPPED-UP-BASIS: Save thousands on Capital Gains.
Before we jump into the confusing and sometimes convoluted world of taxes, gains, and trusts; let's start with something easy, you know, like introducing ourselves. I'll start! My name is Ruben J. Martinez, and as many of you know I am RJM Lawyer. Practice wise, I do a lot of things, but mostly, I do estate planning. It's kind of my thing. Everything from the trendy living trust, to the refined family trust, to the special needs, medicaid protection, pets, and life insu
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"HELP THEM, HELP YOU!": Special Needs Trust.
"If Government Benefits Matter, then you need a Special Needs Trust!" As parents-- The perpetual question we ask ourselves is, "when we die, will my children be okay?".... "will they be taken care of?"... and "if I die today, will I have planned for tomorrow?" Some of us mull over this more than others, but regardless, we all think about it. After all, it's kind of our job, right? Special Needs Trust Defined: A special needs trust is a type of trust designed for a person w
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"Anyone but MOM!" The truth about Personal Guardianship.
Foreword: Listen! In no way am I saying MOMz is the anti-Christ. I mean, she's not even religious...kidding,...LOVE you MOM, but seriously, you might want to SKIP this blog. xoxo ALRIGHT, now that we have that out the way, let's dive into today's BLOG. PERSONAL GUARDIANSHIP: How it Works and WHY you should have one if you have MINOR children So WHAT is a Personal Guardian anyway? A personal guardian is essentially an angel from heaven that for reasons unknown cares for
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~PLAN NOW; DIE LATER~Living Trust vs. No Trust.
People, particularly young people, think about death about as much as they think about IRAs, 401k, life insurance,...well, you get the idea. Truth is, unless you're on your death bed, mortality is just one of those things, we as people don't spend a lot of time thinking about. For death- out of sight, out of mind, seems to be what we're comfortable with. LIVING TRUST vs. HAVING NO TRUST When you die, so do your assets. Or at least some of them. Without getting into legal
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!!!TRADEMARK FROM HELL!!! A true story of what can happen when you don't trademark your business name.
Have you ever imagined what your worse case trademark scenario would be? Maybe you've heard of horrors stories; or perhaps you have had the actual misfortune of experiencing it yourself: the shock, gut-punch, tangy realization that all your hard work, may have been in vain. Hopefully, this is just an over-dramatization; and that you haven't actually had to endure this existential hell-storm. But for my client--this was all too real. So real, that I earmarked it, "THE TR
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