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Randy Marvin Spiro

Randy Spiro’s Legal Guides

10 total

  • Factors in determining whether or not the estate plan is likely to be attacked

    Determine whether plan was created or amended when creator's ability to understand it is in question If the creator of the will, trust or amendment, at the time the document was signed, had any menta

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  • Factors that the surviving spouse should review in determining whether or not to disclaim

    Determine whether trust was A/B Trust or Disclaimer Trust In an A/B Trust, the amount that the first spouse to die could pass on without being subject to estate taxes is typically allocated to an irr

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  • Steps in excluding insurance from estate taxes when held in irrevocable trust.

    Make sure insured did not retain rights in the trust that would cause it to be included in his estate The simplest form of irrevocable trust is one where the ultimate beneficiaries, in many cases t

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  • Evaluating whether it is necessary to file a federal estate tax return.

    Determine federal estate tax exemption The federal estate tax exemption is the amount a person can die with in a given year without having to pay federal estate tax. Determine prior taxable gifts Gif

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  • Considerations for Durable Power of Attorney for Health Care

    Determine whether power waives principal's privacy rights under HIPPA. HIPPA is a federal law pertaining to health care privacy rights. To comply with this law, a health power can waive the principal

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  • Determining whether or not to give a power of attorney for financial matters.

    Do you trust your agent? Since a power of attorney for financial matters is arguably a license to steal, does the principal (the person who gives the power) trust the agent (the person who receives t

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  • When the Owner of an IRA Dies

    Obtain copy of beneficiary designation form. The person who established the IRA had the right to designate a primary beneficiary and a contingent beneficiary. Before options can be addressed, a copy

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  • Determining what kind of trust a married couple has.

    Check section of the trust pertaining to death of first spouse. There is a section (or sections) of the trust that spells out what happens to the trust when one spouse dies. You should thoroughly rea

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  • Determining Whether Real Estate Has Been Removed From a Trust During a Refinance

    Check name of borrower on new deed of trust. When you get a new loan, there will be a new deed of trust securing it. That deed of trust will list the name of the borrower. If it shows your name indiv

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  • Changing a Beneficiary

    Request copy of old beneficiary form and a blank beneficiary form. Call the bank, broker, employer or insurance company and ask them to send you a copy of the beneficiary designation form they have o

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