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Part One - Common Estate Planning Mistakes

Posted by attorney Michael Potter

Most people think they don't need an Estate Plan unless they're wealthy. That's a myth. Without an effective Estate Plan the assets you've accumulated may end up going to the very people you Don't Want to receive them. Also business owners often fail to plan properly for the ownership and distribution of their Business.

Cash and Insurance Policies should be passed to heirs via a Trust so as to help the funds grow over time and to protect the value from being lost due to being 'blown' by the Beneficiaries. Moreover, trusts should always have some form of 'Spendthrift Provision' to protect the Trust inheritance from being pledged by a future Beneficiary.

The class case is one of not keeping the Estate Plan updated. Guardianships, Trustees and Jurisdictions may change and the Estate Plan should be kep up to date with your circumstances and domicile. I recommend reviewing the Esate Plan every couple of years or when a change occurs that affects the Estate Plan.

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