It is imperative that you understand what each fiduciary role encompasses and what should be considered when making a decision about whom to appoint. Learn more about fiduciaries in this presentation
A presentation explaining the importance of preparing an estate plan sooner rather than later. A brief explanation of the component parts of an estate plan is included.
Duties of an Executor or Administrator in a Texas ProbateSteve P. Mendel
Understand the duties and responsibilities that come with the position of executor so you will know why considerable thought should go into deciding who to appoint to the position. Learn more about Texas probate in this presentation.
A presentation explaining the importance of preparing an estate plan sooner rather than later. A brief explanation of the component parts of an estate plan is included.
Duties of an Executor or Administrator in a Texas ProbateSteve P. Mendel
Understand the duties and responsibilities that come with the position of executor so you will know why considerable thought should go into deciding who to appoint to the position. Learn more about Texas probate in this presentation.
How Are Debts Handled After Someone Dies in TexasSteve P. Mendel
Probate is the legal process that is typically required after a death to ensure that the decedent’s assets are identified, located, and eventually transferred to the rightful beneficiaries or heirs of the estate. Another important aspect of the probate process, however, is addressing debts of the decedent. Learn more about debts in Texas in this presentation.
"How to transfer your wealth to the next generation through estate planning" took place on April, 8th at the Tower Club, Vienna, VA. Our special guests were Mr. Milton Buffington and Mr. Saeid B. Amini, two well known experts that shared, for two hours, their experience on identifying legal issues and mechanisms that businesses and individuals can use to transfer their wealth and assets more efficiently, to the next generation.
This was a complimentary seminar hosted by Saeid B. Amini and Milton Buffington through the courtesy of Provanedge Financial and Richard B. Osmann, Ed.D.
Workshop serves to educate individuals about the importance of preparing a last will and testament; protecting their loved ones and resources available to assist with estate planning.
Why is an estate plan important? The estate tax is probably the largest single tax you
are ever likely to pay. With the highest maximum rate at slightly under 50%, it’s
important that you create a plan that’s right for you and your heirs.
An estate plan can help you to:
•Preserve assets and wealth.
•Ensure your assets are distributed according to your wishes to the right people at
the right time.
•Minimize or defer taxation.
From the Oklahoma law firm Cazes Roberts, PC:
A concise yet practical review of what Oklahoma estate planning is, why some would want to do Oklahoma Estate Planning and the tools used in Oklahoma Estate Planning.
Do you have a written estate plan? If you do not have a written estate plan, including a will, power of attorney, and a healthcare surrogate designation/living will directive, now is the time to create one. If you have a written plan, perhaps it’s time for a review. By Jim Dressman, DBL Law
The correct legal status of a relationship is important, it has serious consequences. For a de facto it can determine if someone has a financial entitlement or if they don’t.
On the 10th anniversary of the introduction of the law for de facto property settlements, we ask the question “What is a de facto relationship?”.
The reality is that it is not straight forward and most people don’t know if they are in a de facto relationship. It is important for an Accountant to be informed in this area, so your clients are “alert but not alarmed”.
One of the great misunderstandings is how assets in trusts are dealt with in the Family Court. Are they excluded or are they in?
Asset pools in these cases can be significant, so before you suggest a particular asset-holding structure for a client, it’s important to know what the answer is.
In this webinar for Accountants we look at some case examples and cover the important questions, such as:
- How is property settlement determined?
- What is “property” and what is a “financial resource”?
- What power does the Family Court have to deal with Trusts?
- What, if anything, can be done to remove a Trust from the Court’s reach?
Note: prices shown in the video might not be reflective of our current prices. Please, refer to the website https://www.michaellynchfamilylawyers.com.au for updated information. Thank you.
There are many reasons why you should draft a will, including:
You can ensure that your assets go to the beneficiaries you desire rather than depending on a court to decide for you.
The existence of a will speeds up the process considerably, allowing your beneficiaries to get the assets sooner.
The existence of a will reduces the chance of family disputes over property.
In addition to specifying who you want your assets to go to, you can also let your beneficiaries know how you would like for them to use those assets.
You can also use a will to designate who will be the guardian of your minor children rather than depending on a court to decide for you.
You can include provisions for heirs with special needs.
Estate and Inheritance Taxes in Oklahoma - Basic Ideas, Managing OptionsLarry Parman
Understanding the potential tax issues and developing a plan that minimizes them as much as possible is something your estate planning attorney should do. Learn more about estate and inheritance taxes in Oklahoma in this presentation.
How Are Debts Handled After Someone Dies in TexasSteve P. Mendel
Probate is the legal process that is typically required after a death to ensure that the decedent’s assets are identified, located, and eventually transferred to the rightful beneficiaries or heirs of the estate. Another important aspect of the probate process, however, is addressing debts of the decedent. Learn more about debts in Texas in this presentation.
"How to transfer your wealth to the next generation through estate planning" took place on April, 8th at the Tower Club, Vienna, VA. Our special guests were Mr. Milton Buffington and Mr. Saeid B. Amini, two well known experts that shared, for two hours, their experience on identifying legal issues and mechanisms that businesses and individuals can use to transfer their wealth and assets more efficiently, to the next generation.
This was a complimentary seminar hosted by Saeid B. Amini and Milton Buffington through the courtesy of Provanedge Financial and Richard B. Osmann, Ed.D.
Workshop serves to educate individuals about the importance of preparing a last will and testament; protecting their loved ones and resources available to assist with estate planning.
Why is an estate plan important? The estate tax is probably the largest single tax you
are ever likely to pay. With the highest maximum rate at slightly under 50%, it’s
important that you create a plan that’s right for you and your heirs.
An estate plan can help you to:
•Preserve assets and wealth.
•Ensure your assets are distributed according to your wishes to the right people at
the right time.
•Minimize or defer taxation.
From the Oklahoma law firm Cazes Roberts, PC:
A concise yet practical review of what Oklahoma estate planning is, why some would want to do Oklahoma Estate Planning and the tools used in Oklahoma Estate Planning.
Do you have a written estate plan? If you do not have a written estate plan, including a will, power of attorney, and a healthcare surrogate designation/living will directive, now is the time to create one. If you have a written plan, perhaps it’s time for a review. By Jim Dressman, DBL Law
The correct legal status of a relationship is important, it has serious consequences. For a de facto it can determine if someone has a financial entitlement or if they don’t.
On the 10th anniversary of the introduction of the law for de facto property settlements, we ask the question “What is a de facto relationship?”.
The reality is that it is not straight forward and most people don’t know if they are in a de facto relationship. It is important for an Accountant to be informed in this area, so your clients are “alert but not alarmed”.
One of the great misunderstandings is how assets in trusts are dealt with in the Family Court. Are they excluded or are they in?
Asset pools in these cases can be significant, so before you suggest a particular asset-holding structure for a client, it’s important to know what the answer is.
In this webinar for Accountants we look at some case examples and cover the important questions, such as:
- How is property settlement determined?
- What is “property” and what is a “financial resource”?
- What power does the Family Court have to deal with Trusts?
- What, if anything, can be done to remove a Trust from the Court’s reach?
Note: prices shown in the video might not be reflective of our current prices. Please, refer to the website https://www.michaellynchfamilylawyers.com.au for updated information. Thank you.
There are many reasons why you should draft a will, including:
You can ensure that your assets go to the beneficiaries you desire rather than depending on a court to decide for you.
The existence of a will speeds up the process considerably, allowing your beneficiaries to get the assets sooner.
The existence of a will reduces the chance of family disputes over property.
In addition to specifying who you want your assets to go to, you can also let your beneficiaries know how you would like for them to use those assets.
You can also use a will to designate who will be the guardian of your minor children rather than depending on a court to decide for you.
You can include provisions for heirs with special needs.
Estate and Inheritance Taxes in Oklahoma - Basic Ideas, Managing OptionsLarry Parman
Understanding the potential tax issues and developing a plan that minimizes them as much as possible is something your estate planning attorney should do. Learn more about estate and inheritance taxes in Oklahoma in this presentation.
What Is The Federal Estate Tax Marital DeductionMark Eghrari
When you are planning your estate, you should be aware of of the existence of the federal estate tax which can significantly erode assets that you are passing on to your loved ones. Learn more about federal estate tax in this presentation.
This presentation talks about how to unlock the power of content and personalisation using psychology. It explains:
1. Misconceptions about your target audience – the problem with carrying simplistic audience definitions that suited the world of mass marketing over to digital and how to improve your audience research;
2. Optimising personalisation by measuring behaviour – identifying digital measurements that uncover motivations, needs and intentions;
3. Key principles of psychology for behaviour change – how they can be applied to content strategy and personalisation across digital channels to deliver changes in audience behaviour;
4. Real-world examples with practical and experimental approaches.
Webinar | Make vs. Buy
When: Thursday, November 12th, 2009
Featured speaker: Brian Wood, VP Marketing, Continuous Computing
Sponsors: Continuous Computing, GoAhead, and Wind River
Jean-Paul Edwards, Strategy and Product Development Director EMEA at omd discussing: AI, Marketing and Creativity, applications and implications, at the iMedia Data-Fuelled Marketing Summit, London, Feb 2016.
http://www.imediadatasummit.co.uk/
Five Digital Marketing ingredients for 2016Cyber-Duck
Our creative, technology and marketing discuss key tactics that will help digital innovation for 2016 including website performance, search engine marketing, social, apps and ongoing analysis and personalisation.
Medicaid is a government health insurance program that can become quite important to people who were never poor, because it pays for long-term care. The Medicare program will not pay for custodial care. Learn more about Maryland medicaid in this presentation.
A living will is a document that you use to state your preferences regarding the use of life-sustaining measures. Learn more about living will in Maryland in this presentation.
Why Would I Want a Revocable Living Trusts in OklahomaLarry Parman
A closer look at revocable living trusts in Oklahoma and some of the benefits this type of trusts offer. Learn more about revocable living trusts in Oklahoma in this presentation.
This pamphlet which is based on Wisconsin law is issued to inform and not to advise. No person should ever apply or interpret any law without the aid of a trained expert who knows the facts, because the facts may change the application of the law.
Understanding some basic information about trusts may help you decide if a trust could be a beneficial addition to your estate plan. Learn more about trust basics in this presentation.
Veronica Karas is a CERTIFIED FINANCIAL PLANNER, a professional who has been in the finance industry for over a decade. She began her career in life insurance then quickly moved into investment research before grabbing the opportunity to pursue her passion for financial planning.
A presentation made by Lise Poratto-Mason during the free public forum "Continuing the Conversation: a discussion on preparing for end-of-life care" on February 6, 2014 at the United Steelworkers Hall in Sudbury, Ontario.
Lise Poratto-Mason is a partner with the law firm of MASON PORATTO-MASON LLP.
Learn more about the forum at http://www.hsnsudbury.ca/events
Why Would I Want a Revocable Living Trust in Connecticut?Barry D Horowitz
You don't lose control of the assets in the trust while you are living, but after you die, the resources are distributed among the beneficiaries outside of the probate process. Learn more about revocable living trust in Connecticut in this presentation.
What Is Included In My Indiana Estate PlanPaul Kraft
In this paper, we will look at the anatomy of an estate plan, and we also look at some specific circumstances that may call for specialized planning. Learn more about Indiana estate plan in this presentation.
Five Key Elements to protect your family and your legacy written by Lisa Detanna. Estate planning means ensuring that your assets will be applied to the objectives you choose, both now and in the future. Lisa Detanna collaborates with a diverse high net worth clientele that includes both individuals and organizations.
Why Trusts may be of Value
Trusts have generally been used to help people who fall into two basic categories: people who need financial assistance and people who are unable to manage their own money properly. Hence, trusts have been used to benefit children, those over the age of majority who are immature and otherwise unable to manage large sums of money, those with disabilities who aren’t able to manage their own affairs, and those with substantial creditors.
Before sitting down to work on your plan, you should give some thought to what your priorities are and what goals and objectives you want to focus on in your plan. Learn more about Missouri estate planning in this presentation.
A beneficiary is a person who receives monetary gain or the benefit from something, such as a trust, will, or life insurance policy. Learn more about trust beneficiaries in this presentation.
Any estate planning attorney has his or her share of horror stories from years of working with clients to create an estate plan. Whether its issues regarding ownership of property or family disputes of a loved one's estate. Learn more about estate planning in this presentation.
Medicaid and Medicare are two government healthcare assistance programs that are commonly confused with one another. Learn more about medicaid and medicare in this presentation.
It can be an incredible honor to be named as executor of a loved one's estate. The opportunity to serves as a fiduciary – someone in a position of trust and confidence – is an important one. Learn more about estate administration in this presentation.
It is imperative that you understand what each fiduciary role encompasses and what should be considered when making a decision about whom to appoint. Learn more about estate planning in this whitepaper.
When it comes to protecting your pet, no one does it better than you do. But what will happen to your pet when you are no longer around? Learn what a pet trust can do to you and your pet in this infographic.
By allowing your trust to own your personal property, you can use the trust to transfer that property to your heirs after you die
. Learn more about revocable living trusts in this presentation.
When you create a revocable living trust, or RLT, you give yourself significant estate planning options
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Last wills are often utilized, and there are also different types of trusts that can satisfy varying different objectives
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There is another type of asset protection that impacts a majority of Americans. This would be nursing home asset protection. Why do you need to protect your assets from a nursing home? Read on to find the answer to this question. Learn more about nursing home protection in this whitepaper.
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A will, often known as a last will and testament, is a special kind of legal document that sets out your choices about what you want to happen to your property after you die. Learn more about wills in Texas in this presentation.
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An advance directive is a legal document that you make in advance of losing your ability to make choices or decisions. Learn more about advance directives in Texas in this presentation.
Intestacy is the legal status of your estate—the property you leave behind—when you don’t have a will. Learn more about intestacy in Texas in this presentation.
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Estate planning is the process through which you make choices about what you want to happen to you and your property should you die or become incapacitated. Learn more about estate planning in this presentation.
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The slides was well structured along with the highlighted points for better understanding .
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Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
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How to Obtain Permanent Residency in the Netherlands
The Role of Fiduciaries in Your Estate Plan
1. The Role of Fiduciaries in Your Estate Plan www.vermillionlawfirm.com
1
THE ROLE OF
FIDUCIARIES IN
YOUR ESTATE PLAN
It Is Imperative that You Understand What Each Fiduciary Role
Encompasses and What Should Be Considered
When Making a Decision About Whom to Appoint
JOHN R. VERMILLION
2. The Role of Fiduciaries in Your Estate Plan www.vermillionlawfirm.com
2
Creating a comprehensive estate
plan requires careful thought,
foresight, and planning. Numerous
decisions must be made during the
course of your estate plan creation.
Most people assume that decisions
regarding the distribution of estate
assets are among the most
important decisions that need to be made in an estate plan.
While those decisions are certainly necessary, the fiduciary decisions you make in
your estate plan often exert more influence over the success of your plan than any
other decisions. For this reason, it is imperative that you understand what each
fiduciary role encompasses and what should be considered when making a
decision about whom to appoint.
EXECUTOR
A well constructed last will is going to include the selection of an executor. People
often make the mistake of naming an executor without giving much thought to
the duties and responsibilities that go along with being the executor of an estate.
The complexity of an executor’s role will depend, to a large extent, on the size,
complexity, and value of the estate being probated; however, there are some
duties and responsibilities that are common to almost all executor positions,
including:
3. The Role of Fiduciaries in Your Estate Plan www.vermillionlawfirm.com
3
Locating and Inventorying Assets
Your executor must locate all estate assets, tangible and intangible, real and
personal. All assets must be inventoried and the inventory submitted to the
appropriate court in a formal probate.
Valuing Estate Assets
The value of estate assets must be determined. Often, this requires retaining the
services of professional appraisers. A real estate appraiser may need to be hired
to value real property while professional estate appraisers may need to provide
values for other estate assets.
Opening Probate
The executor must prepare all of the documents needed to officially open the
probate of your estate. For moderate to large estates this is usually done with the
assistance of an estate planning attorney; however, your executor ultimately has
the responsibility to open and oversee the probate.
Notifying Creditors
Once probate has been opened, creditors of the estate must be notified. In some
cases this is done individually; however, the public at large must also be notified
via publication in a local newspaper.
Reviewing Claims
Creditors of the estate then have a specific amount of time within which to file a
claim against the estate. Your executor must review all claims and decide whether
to approve them or not. If approved, they are paid out of estate assets. In they are
not approved the claimant may decide to appeal to the court, in which case your
executor must oversee the litigation of the claim.
4. The Role of Fiduciaries in Your Estate Plan www.vermillionlawfirm.com
4
Defending Challenges
If a will contest is filed, your executor has the responsibility to defend your estate
in the litigation of the will contest that follows.
Paying Taxes
Your estate must file a tax return. Your executor is responsible for preparing and
filing the return.
Transferring Assets
At the end of the probate process your executor must complete all necessary
documents to effectuate the legal transfer of estate assets to the proper
beneficiaries.
TRUSTEES
Trusts have become a more common
addition to even a basic estate plan in
recent years. All trusts require the
maker to appoint a trustee.
Appointing a successor trustee is also
commonly done. The trustee of a trust
has a wide variety of duties and
responsibilities, including:
1. Fiduciary Duty
A trustee has a fiduciary duty to the trust and all current and remainder
beneficiaries. A trustee must use an even higher standard when administering a
5. The Role of Fiduciaries in Your Estate Plan www.vermillionlawfirm.com
5
trust and investing trust funds than would be used with his or her own funds or
investments.
2. Trust Terms
Unless they are illegal or unconscionable, the trust terms must be followed.
3. Accounting
A trustee must keep very precise and accurate accounting records. An accounting
is usually required to be provided to beneficiaries each year as well. In addition,
because a trust is a separate legal entity, tax returns must be prepared and filed
each year.
4. Discretion
Some trusts provide the trustee with very little discretion while others provide a
trustee with wide latitude in making decisions regarding investment and
distributions. If your trustee has a considerable amount of discretion, your
trustee can significantly impact the success or failure of the trust.
AGENTS
An agent is someone to whom you give legal authority to act on your behalf.
When you execute a power of attorney, for example, the person to whom you give
authority is your agent. Another important area of your estate plan where you
may appoint an agent is in the area of incapacity planning. Texas recognizes four
different types of advanced directives. A medical power of attorney is the
advanced directive that allows you to appoint someone to make healthcare
decisions for you if you become incapacitated. The agent you appoint in a medical
power of attorney may make three very important decisions for you:
6. The Role of Fiduciaries in Your Estate Plan www.vermillionlawfirm.com
6
1. Agreeing to or refusing medical treatment
2. Deciding not to continue medical treatment
3. Making decisions to stop, or not start, life-sustaining treatment
GUARDIANS
If you have minor children, or plan to have them in the future, you will likely
want to appoint a guardian in your Last and Testament. In the event that both
parents die, or are otherwise unable to care for a minor child, a court must legally
appoint a guardian for the child. Your Will is the only opportunity you have to let
a court know whom you wish that guardian to be.
Now that you understand the complexity of the various fiduciary roles in your
estate plan, as well as the influence they can have on the success of your plan, you
should be prepared to spend the time and attention necessary to choose the right
person for each role.
Texas Estates Code, Executors and Administrators
Elder Law Answers, A Brief Overview of a Trustee’s Duties
Lorman Education Services, The Importance of a Fiduciary in Estate Planning
Journal of Financial Planning, Selecting and Maintaining Appropriate Fiduciaries
in an Estate Plan
Texas Health Resources, Living Will
7. The Role of Fiduciaries in Your Estate Plan www.vermillionlawfirm.com
7
About the Author
John R. Vermillion
John R. Vermillion works as an estate planning and probate attorney
and is licensed to practice in Texas, Louisiana, Oklahoma, and
Tennessee. A native Texan, he graduated from Texas Christian
University in 1974 receiving a Bachelor of Arts Degree in Political
Science. In 1977, he received his Juris Doctor degree from the
Louisiana State University Law School.
Upon graduation from law school, Mr. Vermillion worked
extensively as a corporate attorney in the fields of oil and gas
exploration and production, real estate development, finance and
estate planning. He served for many years as corporate counsel and
Vice President of a private independent oil and gas company.
Mr. Vermillion is a member of the State Bar of Texas, the Dallas Bar Association, the Louisiana
State Bar Association, the Oklahoma Bar Association, and the Tennessee Bar Association. He is
a member of the American Academy of Estate Planning Attorneys and the National Academy of
Elder Law Attorneys.
Also active in his community, he currently serves as a director for the Charles Coody Classic
Golf Tournament which benefits Catholic Charities of Fort Worth, Texas. A member of the
French-American Chamber of Commerce, Louisiana Chapter, Mr. Vermillion pursues their
goal of promoting and developing commercial and financial relations between France and the
United States. In addition, he serves on the TCU Dallas Alumni Board and sponsors the Dallas
area NAMI Walkathon (National Alliance for Mental Illness).
Coming from a family of entrepreneurs, Mr. Vermillion has owned and operated his own
businesses, including an historic inn. His experience has given him a hands-on understanding
of the legal and practical issues facing his clients and their estate planning needs.
The Vermillion Law Firm, LLC
www.vermillionlawfirm.com
7616 LBJ Freeway #120
Dallas, TX 75251
Phone: (972) 386-4560
Toll Free: (888) 567-574