A spendthrift trust is an estate planning trust that restricts distributions and generally prevents most creditors from reaching a beneficiary’s trust interest. A trustee controls when and how funds are paid out, helping protect inheritances from poor money management and creditor claims. This article explains how it works, key benefits, and common limitations. A spendthrift […]
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What is a special needs trust?
A special needs trust is a trust that holds assets for a person with a disability so they can keep means-tested benefits like SSI and Medicaid. It lets funds pay for supplemental needs (e.g., therapies, education, transportation) without being counted as the beneficiary’s resources. This article explains how special needs trusts work, common funding sources, […]
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What is a codicil?
A codicil is a written legal amendment to an existing will that changes, adds, or revokes specific provisions without replacing the entire document. It must generally be executed with the same formalities as a will—such as proper signing and witnessing—to be valid under state law. This article explains what a codicil is, when to use […]
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What is a holographic will?
A holographic will is a will written and signed in the testator’s own handwriting, and in many states it can be valid without witnesses. It’s often used in emergencies, but strict rules about handwriting, signature, and clear intent determine whether a court will accept it. This article explains how holographic wills work, which states recognize […]
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What is estate tax?
Estate tax is a federal tax on the transfer of a person’s assets at death, and in 2025 it generally applies only to estates above the federal exemption (about $13.6 million per person). Some states also impose their own estate or inheritance taxes with lower thresholds. This article explains how estate tax works, what counts […]
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What is an inheritance tax?
Inheritance tax is a state tax some beneficiaries may owe on inherited money or property, and only a handful of U.S. states currently impose it. The rate and exemption depend on where the deceased lived and your relationship to them, with spouses often exempt and more distant heirs paying more. This article explains how inheritance […]
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What is a gift tax?
Gift tax is a federal tax that may apply when you give someone more than the annual exclusion amount—$18,000 per recipient in 2024—though most people owe $0 because of the lifetime exemption. In many cases, you still must file IRS Form 709 to report gifts above the limit, even if no tax is due. This […]
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What is a beneficiary?
A beneficiary is a person or entity you legally name to receive assets, money, or other benefits, often upon your death. Beneficiaries can be designated in wills, trusts, life insurance policies, retirement accounts, and payable-on-death accounts. This article explains beneficiary types, how designations work, and common mistakes to avoid. A beneficiary is a person or […]
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What is an heir?
An heir is a person legally entitled to inherit property from someone who dies, either under a valid will or under state intestacy laws when there is no will. Heir priority typically follows family relationships such as spouses, children, parents, and other relatives. This article explains who qualifies as an heir, the main types of […]
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What is a bequest?
A bequest is a gift of money, property, or other assets made through a will to a named beneficiary, organization, or charity. It takes effect only after the will-maker dies and the estate is administered, and it can be specific (a particular item) or general (a sum of money). This article explains how bequests work, […]
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What is an inheritance?
An inheritance is the money, property, or other assets a person receives after someone dies, typically through a will, trust, or state intestacy laws. The amount and timing depend on the decedent’s estate plan, outstanding debts, and probate or trust administration requirements. This article explains what counts as an inheritance, how it’s transferred, who is […]
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What is a living will?
A living will is a legal document that states your medical treatment wishes if you become unable to communicate them. It guides doctors and loved ones on care you want or refuse, often alongside other advance directives. This article explains living wills, how they differ from advance healthcare directives, and what they cover. A living […]
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