#The ones that change over JtR....
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Kelp kelp kelp, you can not post 5+1 father adopted daughter prompts bc I see those and then I start thinking about all of your wonderful aus and how they need them! Just! They are all so good! For god fragment akarei! Little rituals are so important! They choose their dad, having to explain that! Is! Just! Angst! Fluff! Perfection! Photos! Ingo already likes physical memories! Akarei deserves so many, and ingo deserves to have a stuffed wallet! And so much of that is also true for jtr, ao, and fatw!
AND! You have so many good aus that these are perfect for because now I am also imagining phm!akari building little rituals with her train dads! And plac! Ingo and akari with their little hard won family, it also needs so many photos, rituals and good good family feels!
Also the Wild West au! That found family post! Code names! I bet akari comes up with some wild ones! (I’m also sure ingo will be disappointed and will break out the soap at some point) Hovering when akari gets injured by dawns people! Just! Found family in the Wild West tonight!!!
I just I love all of your aus and I love found families and I am having so many emotions 💜
YES YES YES YES YES RIGHT!!!!
I am honestly in the same boat every time I go looking up adoption prompts or parent prompts. My grubby little hands rub all over my aus!!!
God fragment Akarei likes physical things- before their face-off against Arceus it is because they came to with nothing but the clothes on their back. They attach memories to objects- their partner's first pokéball breaks but instead of throwing it out, they keep it because it is their first pokéball, their first partner, the first thing that was Theirs. They ask Laventon for a camera so they can take pictures as well if the things they see that are all so new for them! After they confront Arceus their items are a reminder that Akarei is their own person! They exist! They are not simply a piece of something else waiting to return to their 'rightful place'!! Akarei keeps photos on them, Just In Case, and gives plenty to Ingo as well. Ingo gets a stuffed wallet both because Akarei demands it (because what happens if he returns to his time without warning??? What if he forgets them???) and because he likes the reminder of the memories. There's one of Cyllene standing over Laventon, who fell asleep on his desk. There are several pictures of Akarei and Akari and Rei, doing silly childish things. Akarei gathers up their family and gets a whole picture, humans and pokemon both. They touch each item before going to sleep, no matter how tired they are. Physical gifts are important to them not because of their price but because of their meaning and who gave them the gift.
PHM!Akari's first ritual was the one that got her train dads, after all! Waving to them whenever they passed by! It remains a ritual even after they move to town, so they know she's still awake and alive. Friday nights become nights that they scoop her away from the farm, grab Elesa, and go out to eat. They all eat too much, the adults get a little drunk, and after Akari repairs her home she herds them back and they all crash in varying places in the living room. The boys take time off during harvest time so they can help Akari, and at the end of each day of harvest they take a food item and use it for dinner. Akari asks Elesa for a new outfit for each town festival, even once Anthe joins the town and works with Elesa; the outfit is always something verging on uncomfortably flashy (the girl's out of her overalls, anything is too flashy) and that puts her in small heels.
PLAC Ingo and Akari figuring out how to live together. Ingo now has a child to look after that is also an incredibly powerful piece of technology but is also a child, first and foremost. He had to get her to brush her teeth by brushing his with her. It becomes habit. He checks under her bed for templars each night, even and especially after her recapture (Emmet helps). He takes her to work after his return and he and Emmet get her a little coat to match theirs, so people know who to return her to if she wanders off in a piece of Eden daze. Some nights she wakes up from nightmares that leave her shaking, leave her with memories of Before she was Akari, and she always needs outside time. Emmet or Ingo typically wake up because something in the house Isn't Right (keen assassin senses, despite their living in a home filled with their literal family and friends- no nuclear family here, there's like ten people in their home) and they'll see her outside, make her either hot chocolate or coffee (whatever's on hand), and give her space to come to terms with what happened. Sometimes she drinks what she's given, sometimes she doesn't, but it's a reminder of where she is and who she's with and that's what's important. The scars will fade, the memories will stay, but she won't be alone. She won't be a tool, she will be a girl.
THE WILD WEST AU!!! Rituals, Akari dropping a curse word to see how quickly Ingo notices and loses his temper. She always asks Cam for help with her outfit on dance nights. No matter how old she gets she holds onto someone's hand for comfort as they approach the stage. Jackie brought up code names, after she was recovered from Dawn, to cheer her up. It is very much like Parks & Rec codenames, but Ingo is much more irritated than relieved at being "Eagle Two". He's got the soap on hand whenever he sees Jackie & Akari giggling, just in case. Everyone makes it a game to see how close they can badger Ingo's sensibilities around Akari, as the baby, before he uses it.
And when she gets back from being taken by Dawn, when she's still weak and fighting off starvation and being shot, when she's barely conscious for minutes at a time, they all take turns reading to her or talking to her. Telling her about the ranch, and about her pony, and what's happened in town. They don't stop working, but someone is always with her. Holding her hand. Brushing her hair back. Ensuring she's not alone, that when she wakes up there will be some part of her family with her. When she gets sick, after, years later, they do the same thing.
Cam and Akari developing a secret handshake, always done behind the backs of the others and ending in giggles. Jackie and Akari being playfully antagonistic but incredibly defensive of each other. Cloud teaching Akari about books and boys, and the best ways to break both, a mother and aunt and grandmother all in one. Ramses taking Akari out, showing her how to track, how to get by on wild plants, ensuring her survival and always being the first to ask her to dance once music starts up. Isadore and Akari sitting in silence together, doing their own things in the comfortable company of someone who doesn't need to speak. Ingo and Akari being dramatic together, teaching tricks to the horses and doing some dangerous stunts while riding, playfully acting out book scenes and plays. Emmet and Akari going out to shoot, to race the horses even while they work, checking to make sure none of the animals need doctoring before going absolutely fucking ham on messing around. Elesa teaching Akari how to run a business and let people make assumptions before rending them asunder, throwing fashion shows between the two of them.
Akari in every universe finding a family that will cherish her and love her as she is, not for who she could be or what they think she should be 💚
#Kelp tracks#Asked and answered#Plac#Pokemon harvest moon#GOD don't get me started on FaW rituals#The ones Akari and Ingo get into after AO finishes#The ones that change over JtR....#SO MANY.#Arceus fragment au
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Hellooo me again! Can I request something else if it’s okay?
Yandere!JTR with a shy & introverted S/O who is *very* oblivious to Jack’s true nature (as a killer) as is incredibly sweet to him? Like; constantly invites them out to do fun things together, hugs him, kisses his cheek (in a platonic or slightly romantic way, you choose!) they’re so close to each other that his S/O has already introduced him to their family and S/O’s mom thinks he’s such a gentleman!
hhh!! I’m sorry I just really like your content 🥺💕💕
Request as much Yandere JTR stuff as you want- I’ll be there to write it when or if I can-
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• Honestly, bonding with you took way too much time and effort, but he never viewed it as not worth it. In fact, the interesting things about you that drew him in kept him pulled close to you, especially as you came out of your shell.
• The internal colors you had whilst he was with you was utterly pure. You felt safe around him. You felt jovial. You felt as if you could finally act how you’d like around him.
• Perhaps that was something that he loved you for? The colors of safety and vulnerability was easy to take advantage of, which is why he’s always around you, protecting you 24/7 as if he’s a bodyguard.
• This has definitely led to interactions with him, you, and your parents. Jack was a complete gentleman to them, as well as you. He acted much more polite around them, considering he didn’t want to bring tolerant chaotic energy to the table.
• And good news. They love him. They want you two together-
• Jack could feel himself eyeing you upon hearing this. Yet, the bliss that had completely swallowed his heart made his chest churn with bliss and infatuation for you.
• This is what he could have… You as a lovely partner for him, and your parents as supporting figures… He couldn’t ask for anything more. In fact, this is the very thing he’s needed, but never knew he wanted.
• He seemed to freeze up the moment he felt a gentle kiss to the cheek from you, as well as you linking arms with him. Jack slowly eyed you once more.
• He couldn’t decipher which color was which anymore. He was too stunned to do anything. “The man was too stunned to speak”, as well as him being too stunned to even do anything but stand still in an infatuated light.
• Though, later on, he saw the most platonic of colors within you. That pretty much made his heart crack a little, but he wanted to make you love him.
• That meant that he was smothering you even further, protecting you from any other man (even if it had meant secretly getting rid of them in alleyways), and making sure you had slowly gotten out of your shell of shy and introverted behavior.
• Jack was there within every step. He wanted to make sure you were okay. He held your hand, and enjoyed every single hug you gave him. They gave him a warmth he was starting to crave. Especially the kisses to the cheek. Jack could always feel himself getting stunned for a few moments before he looks at you with a shocked Pikachu face.
• You don’t know how much he wants to kiss you right now, and it’s pretty much taking over Jack’s brain at one point-
• And the fact that you always drag him to certain events, with him enjoying every single one with you… Yeah… That man is completely love struck, and there is absolutely nothing that can wipe his feelings away-
• The fact that he wants you completely safe with him is because of his job as an assassin as well. Everything within London may look nice, but none of it is sunshine and rainbows. So the fact that you, a completely pure person, is here in a hellhole like this, is something that Jack wants to change.
• He knows he works on his mercenary job. And he knows you aren’t aware of it. Because if you did, the either platonic or romantic feelings you had for him would be torn to shreds, and Jack would never want to have that happen. He’ll drag you back if he needs to.
• So, as a disguise, Jack decided to put his “job” as your protector in a playful manner. You had easily taken that answer in the same manner, giving Jack the smile he’s loved for so long.
• To some people that know who Jack really is, it’s disgusting to see him act like a killer that craves both your attention and the colors of fear, then to a man that wants nothing but to love and protect you.
• Red Widow is one of those people lmao. She already hated him in the first place, so she hates him even more now because he might drag you into assassin mess.
• Noah knows. He fucking knows, and he feels glad for Jack- But one step out of the line, and he’ll make sure war is waged-
• Jack honestly has no care for the either of them. As long as you’re safe. As long as you’re still the person he’s always loved. As long as you’re here with him.
• Honestly, in assassin jobs, he might vent some frustrations whilst putting someone in fear. Whether that be injuring them or having them hear what he has to say.
• “Ah… I can’t read if their color is platonic or romantic… It’s just melting together, and I can’t tell of it at all…” Jack muttered whilst currently choking someone out.
• And he can do much worse if he wanted. He did a few times, in which, he may have gotten covered in blood after that, but he feels slightly relieved that he’s vented the frustrations out.
• And the next day, he’s completely normal again, listening to you with infatuated eyes as you talk about something. Watching with butterflies in his stomach as you grab his hand and pull him somewhere you’ve wanted to go for a while. Feeling nothing but love whenever you hug him as tight as you can. Feeling flustered but hopeful when your parents say for you two to get together already.
• Yet, those platonic, yet romantic colors of love keep flooding his vision. He grows irritated with it, considering he doesn’t exactly know what to do with it. So, he decided to simply confess.
• He confessed every bit of feelings he had, but never the atrocities he’s committed for you. There was half hope you’d accept him, but half knowledge that you’d reject him.
• So to have his hopes win was something he was eternally glad for. To get a gentle but genuine kiss to the lips was something that made him smile.
• He felt nothing but overjoyed throughout the entire day. Or rather, every time he had saw you. He could hold your hand without nervous emotion. He could hug you as close as he wants and he protective for good reason- Jack could get dragged around more-
• While he could kill more… that doesn’t feed in with the energy lmao-
• Honestly, he has much better reason to kill though. He knows there’s no way of shielding it, and that you’d figure out how obsessed he is with you, as well as the extent he’d go just to keep you by his side. But he can’t have anyone potentially taking you away.
• After all, he has vows to say in a few years-
• So he needs to keep you with him as long as it takes, whatever the cost-
• Additionally… it feels so nice to get rid of someone that’s potentially wanted to take you away from him… So nice to see the fear in their eyes as they try to run or fight back. Naturally, Jack could never go for the pain. He’d go for the fear.
• But this time… he’s went for both, speaking of how they shouldn’t have even looked at you.
• In short, he’s a completely different person with you and with others. But, who says you mind? You never figured out anything he does, especially since he’s around you practically 90% of the time.
• He’d be glad to have you move in with him and sleep in the same bed. He can have his eye on you more, and he could whisper how much he loves you whilst keeping your warm figure in his arms to keep safe.
• Jack never wants to let this go. And he’ll be damned if something happens to you or the relationship you two have.
• He already has everything planned out, so if something shatters it… there will be Hell in London-
#record of ragnarok#record of ragnarok x reader#jack the ripper#jack the ripper record of ragnarok#jack the ripper x reader#snv jack the ripper#ror jack the ripper#jack the ripper ror#yandere jack the ripper x reader
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BEGIN AGAIN ---- i.
summary: after the events of the rise of skywalker, ben solo and rey of jakku make work on gathering and training the next generation of jedi on the planet of ajan kloss. you are a force-user from tattooine. there are two things you’re sure of: there’s much work to do, and you do not like jedi master ben solo.
pairing: jedi master!ben solo x jedi!reader
word count: 1.6k
a/n: this is an au and does contain some spoilers for tros. anyways, i’ve been chipping away at this for a few days now -- merry christmas if you celebrate! if not, happy holidays! here’s my little gift to you.
If someone had asked you where you saw yourself in a year, you wouldn’t have answered, “on Ajan Kloss, of course, running the jungle training course blindfolded, being nipped in the heels by blaster fire from a rusted out JTR-47 droid”.
Certainly, you wouldn’t have explained that you, and many others, were a part of the first class of Jedi to be trained by the legendary Jedi Master Rey of Jakku and Ben Solo-Organa, ex-Sith lord and one of the last Skywalker’s.
But, here you are.
After all, everything changed on Exegol.
Everything.
And when Ben Solo and Rey limped from the carnage of the great hall, force dyad split wide open for the world to see like a raw wound, the war around them began its end in soul quaking violence. The two, bound by the running river of the force, witnessed the end of the Empire -- old and new -- from the cockpit of his Uncle’s old X-Wing.
It’s done.
In the silence of space, they find comfort.
Age old wounds finally begin to heal under the stars.
The war is won.
On Ajan Kloss, Ben Solo falls to his mother’s knees and weeps. Leia Organa cannot remember the last time she held her son -- and for a moment, the whole of the Resistance hangs on the reunion of the last Skywalkers, and the swing of emotions that rush between mother and son through a rekindled home in the lightside of the force.
Leia holds him and Ben smiles for the first time in years.
Everything is different; with the war won, with Palpatine gone...
There’s much work to be done.
Rey is as much his opposite as she is his right hand -- their dyad, though often annoying and terribly troublesome, allows him to have a true friend for the first time in... forever. She is, despite her polarity in approach and attitude, an important part of his life.
And without her, he’s not really sure if this whole rebuilding-the-Jedi-Order thing could happen.
It’s with R2′s help that they locate an age-old holocron buried deep in a temple on Yavin’s third moon -- the names of children who were once designated as ‘gifted’ by the Jedi Order lay in the record. It’s something. The archival piece is nearly rusted shut with age but opens with a delicate tinker when it passes into Ben’s hands.
It’s beautiful.
Pale blue light flickers awake the information inside, presenting a list of names -- a list of lives -- protected deep within the holocron’s humming databank.
When Rey, Ben, Fin and Poe return to Ajan Kloss, hopeful and excited about the prospect of finding others -- it’s with a mournful tone that Leia explains the systemic hunt the Empire conducted to snuff these children out.
“Many of them,” she says softly, “are gone.”
So, perhaps it’s pure chance they find you -- maybe it’s a cosmic happenstance granted by perfect timing and a straight shot in the dark.
Kau'i Koi -- Human -- 10 years old -- Location: Mos Espa, Tattooine.
Your chain code is old -- but places you in a small, old-Empire controlled mining town just outside the Western Dunes.
Ben is skeptical. He blames his dad -- that Solo trait runs through his blood more than anything, along with a bad habit of getting himself into things he can rarely get himself out of. It’s the temper. And off-putting sense of humor.
Whatever.
Ben has to duck when they enter the cantina. Rey is quick to bound ahead of him, leaving the Solo to tug at his poncho and pry the goggles from his face. The sand storm outside has finally started to die down, leaving Chewie looking rather windswept as he steps inside beside him; the Wookie gargles out a bitter complaint.
“No kidding,” Ben supplies, “Let’s hope we find who we’re looking for.”
God, he hates sand.
Shaking his boot, Ben trails Rey to the bar. She’s already chattering excitedly with the barman, eyes alight in that curious way -- the sand doesn’t bother her. Not in the slightest. In fact, she seems to relish in the Jakku-like atmosphere of the desert planet.
“We’re looking for a Kau’i Koi?” she asks, leaning in on her elbows, “Do you know where we can find them?”
“Koi’s been dead a long time,” is the gruff retort she gets. Immediately, the Jedi’s posture sags and Ben sighs, “But her daughter’s around --”
“Daughter?”
“Yeah,” one of his four hands tosses the bar rag over his shoulder, “She runs her Ma’s medicinal shop now. Kid’s got a good hand at elixirs...”
Rey blinks. Ben, narrowing his eyes, tosses five credits on the bar. “And?”
The bar-tender spares a quick look around, leans in and takes the bribe before saying: “Rumor has it, she’s got some Force mumbo-jumbo goin’ on. Buddy a’ mine jacked up his shoulder in a pod-racing accident -- Koi’s kid just...”
He snaps.
“Good as new.”
And that’s how they found you -- wrist deep in an old text about the distilling of certain Felcuian herbs that allows for maximized healing potency. The book, though, is quickly forgotten in exchange for a weary sense of confusion that follows the two people and the Wookie into your cozy, small shop.
“Can I help you?”
You stand, dark root-died robes tied close to your waist. Your tanned, Dewback hide boots mute your movements as you weave through the mud hut.
The first thing Ben Solo realizes is that you’re beautiful. Truly.
(You must be about his age, if not a year or two his younger. There’s something about the quiet calm in your voice -- you hold an air of posture and regality and kindness that falls short on him. You move, too, like a whisper in the wind. You’re quick, a bit like Rey, and far his opposite as he ducks below trinkets daring to clock in him in the forehead.)
The second thing Ben Solo realizes is that you’re dangerous.
Your eyes fall on the lightsabers holstered on either of the hips the moment Rey asks if you’re Kau’i’s daughter. You remember, in that moment, the warnings your mother had nursed you on.
There are people in this world that want you dead for the gift you’ve been given, sweet one. Protect yourself and that gift.
In one swoop, you’ve got a knife to the neck of Ben Solo and a hand raised, stopping the woman with the three buns in her tracks. The Wookie, hurriedly, raises his furry fists in surrender.
The women grits her teeth, muscles locked in a tumultuous state thanks to the force seizing them entirely. Ben is quick to note the control you have over your powers. The knife digs in a bit too much and he winces.
“Who are you?” you ask quickly, calm lost for a terrified look.
Ben raises his hands. “Jedi.”
The first thing you realize about Ben Solo is that he’s handsome. In a rugged, roguish, distrusting sort of way.
You decide, quickly, you don’t like him.
“There are no Jedi,” you spit, grip tightening on the woman as she writhes -- your attention is on the man, with dark eyes and long legs and a handsome face, “The Empire came and killed them. What they left, the First Order finished.”
Rey winces.
“Is that... Is that what happened to your mother?”
We’re not here to hurt you.
Like a rush of cold water, you feel the pass of something along your mind’s consciousness. It’s enough of a distraction to break your hold on the woman who asked -- and it leaves you treading in a sea of panic. It’s an intrusion; a rude prodding of your memories and thoughts that comes like a sideswipe of a pod-racer.
Rey falls to the floor and Ben pushes the blade from his throat.
You step back and raise the knife. Your hands tremble.
“... How do you know about my mother?” you whisper.
"Ben,” she says, “The holocron.”
“... A holocron?”
The tall man digs it from his bag -- the moment it falls into your fingers, the delicate blue crystals interlock backwards, gilded edges rusted from years of hiding away in from age-old temple revealing a data-sequence. A list of names. And your mother’s lay there, highlighted alongside her chain code.
“Only a force user can open it,” says the man -- the one you understand to be Ben -- rather quietly.
You blink. Immediately, the bridge between yourself and the force closes and the holocron snaps shut.
You shove it back his way.
“What do you want?”
That’s when Rey smiles.
And that’s how you find yourself here, six months later, running head on into a thousand year old S’pio tree. The impact itself renders the younglings amused -- the gaggle of them lingering by the upper platform dissolve into laughter as you grip your ribs and groan, rolling into the brush as you swat at the JTR-47 droid nagging at your head incessantly.
“Koi!” it’s a fast bark of your mother’s surname that gathers the attention of everyone on the training course. It comes from Master Ben Solo, swathed in dark robes and perched on the top platform. “Begin again!”
Gritting your teeth and baring the annoyance, you tug the blindfold off your face and begin the hike back to the start of the course.
There’s much work to be done.
And you still don’t like Ben Solo.
#star wars imagine#ben solo imagine#ben solo reader insert#ben solo x reader#kylo ren x reader#kylo ren imagine#rise of skywalker imagine#WOOHOOOO i wrote
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Jubilance - 7/28
A evening with the Dave Matthews Band in Tampa, FL
I am still trying to piece together and process what I experienced last night in the sweaty mess of a pit, watching some of the most talented, world-class musicians weave unforgettable songs and melodies together with us. The last 2 hours of this show amounted to the most powerful and most spiritual experience I’ve ever had seeing live music. Words, especially in English, fall short of my experience and don’t do it justice. It seems futile to write about it, and yet I want to preserve this night in my writing and internalize the lesson from last night as much as I can.
To stand so close at a show is something I had only done 10 years ago, but I wasn’t ready at the time to understand what I was seeing. As a musician, to watch these men last night, who I have now listened to for the better part of 20 years, genuinely felt like spending time with family or the closest friends of your life.
I could see everything. I could see the smiles, the laughter, the concentration, the emotional highs and lows, and the chemistry of these humans on stage together. I could see Carter’s love and thrill for each band member, his genuine undying smile and extraordinary speed and language he speaks on the drum kit. I could see him feel every single cymbal hit before it even landed. I could see Jeff and Rashawn’s friendship as two brass players, and the way they observe each other through their intricate solos. I could see Fonz get giddy during certain musical moments. I could see Tim’s immense concentration and what feels like his access to another dimension in the way he speaks through his guitar. I could see Buddy fresh and fly demeanor, his constant smile while playing keys, and how he is so deeply appreciated by the other legacy members of the band. I could see Dave’s raw outpouring of himself into every song he sang, his soul eternally begging to be released and shown to the world through the language of music. I could also see the warm twinkle in Dave’s eye from 25 feet away, you could tell that he, who feels like a lifelong friend to all of us, felt right at home and his presence communicated something like “I am so thrilled and happy to be here with you, my loving family, after so damn long.”
The venue disappeared for me because we were so close. I felt like I was in a small room with these guys. I was listening to exactly what I would want to hear and watch if I knew I had one evening left until my life was over.
Below are a few moments from certain songs that I wish to hold onto forever.
Setlist and moments:
**I felt the show really started to take off from JTR onward, so I’m going to start song comments at that point.
Tripping Billies
Raven
Seek Up
So Right
When The World Ends
Seven
You Might Die Trying
Satellite
The Riff
JTR: the pit crew was absolutely thrilled when JTR started playing. “Rain down on me” resonated deeply with a crowd and musicians who were so brutally covered in the sweat and humidity of the evening, it felt as if everyone in this moment resigned to the extreme physical state we were all in, and the musicians were right there with us. The way the horns built the the jam motif in the end of this tune, teasing and getting snagged on the same melody (between 4 and 6 time sig) until their final release in the last 8 bars. The way Carter carries the group through the end, with Dave high stepping along the way… just fantastic.
The Song that Jane Likes: Sweet song, amazing visuals behind the stage, and first time playing this year on tour.
Typical Situation: Something happened at this point in the show that changed the dynamic of the rest of the night. I watched Carter and Dave come alive during this tune. First, to see Carter playing shaker, mallets, and drumsticks on one song and switch effortlessly between them was awesome. But when this song went into the 7/8 chromatic jam during the middle of the outro it was off the charts. Buddy was hammering the keyboard, Carter was slamming the china cymbals, and Dave was DANCING harder than I’ve seen in 4 shows. The pit sang this one loud.
Do You Remember: Endless 90s nostalgia for me. The visuals of the bicycle evoke extremely colorful feelings of my childhood on Ivy St. The endless summer days, the laughter and sports and quiet evenings outside. My dad sitting on a chair watching us. I could write pages on just this feeling, but this song is a portal into my childhood.
Grey Street: Felt the song coming, and as Carter counted the intro out loud the tempo is so recognizable, it almost has its own identity for this song as the drums roll into the opening chord. The third verse comes back to life and the pit loves it. The girl I’m with says something about me being the crazy man creeping and I make a maniac face and she laughs. The thrill of seeing someone I know witness this song in person, up close, is overwhelmingly wholesome. It feels for a moment, as if the night has conspired to make this all happen. I almost hit the floor during the yeah scream on Grey Street after the 3rd chorus. Belted the note too hard and lost oxygen to my head, felt myself about to pass out immediately and grabbed on for dear life. The sax and trumpet duel during the outro between Jeff and Rashawn is staggering and leads us into the final riff of the song which just punches you in its goodness and power.
If Only: Just a humble little song. I need to listen to this one again (live version) to draw out what I remember from the stage.
Dancing Nancies: Dark, absolutely astounding. Tim Reynolds played the most other-worldly guitar solo with visuals on the back of broken dolls, babies, all kinds of crazy things. Dave began the song asking all the right questions about what he could have been to the audience. The hits on the outro in series of 8 were felt in my chest. Best version of it I’ve seen.
Warehouse: My all-time favorite song from this band. This intro is the most visceral and raw sequence in the show. When the sax, trumpet, guitar, and keys come together all in tremolo in 32nd notes, the frequencies and overtones created along with Carter’s enormous rapid cymbal sound is so intense you can see the physical effect it has on Dave. The closest way I could describe this intro as if the soul is being extricated by force out of the body and almost vacuumed or sucked upwards into a new reality it has to reckon with. “Only hope you’re here to pull me out, when I start going under, as the warehouse slips away” gives me chills. (To get a slight idea of what this is like, watch this clip at 38–40 mins. It’s from a different show, but note especially Dave’s viscerally clear connection with something beyond our understanding around the 39m mark.)
The strobes and lights here only add to the intensity of this intro. The huge yell before the 2nd verse. The drive into the outro. The salsa hits at the end. Rashawn just driving the trumpet to where it sounds like a different instrument. And the final lyrics in the moment of great reckoning:
That’s our blood down there
Seems poured from the hands of angels
Then trickle into the ground
Leaves the Warehouse bare and empty
Then my heart’s numbered beat
Will echo in this empty room
And fear wells in me
Til’ nothing seems big enough to stay long
So I am going away, I am going away
The final Eadd9 chord lands as the warm summation and resolution to the song. I see the faces of all of my friends from the last 10 years that have been moved by this piece of music as well, and every place I have been in my life when listening to this song. It’s a sweet ending.
Everyday: One of Buddy’s licks on the intro to this song was a 32nd note run that blew the entire band away. He played 16 notes in under 2 seconds down the scale. Carter, who is probably the most attentive to rhythm, had his jaw on the floor. Everyone was loving it. The improv vocals. The 3 part harmonies. The crowd singing Hani Hani come and dance with me. The final build. Richness.
PNP > Rapunzel: Endlessly playful song that is perfect way to end a show. Funniest part of the show is when Dave’s string broke about 15 seconds before the outro-dance-explosion that becomes the end of this song. It was very critical that the new guitar get on before the downbeat of the outro because of how much the song picks up and to keep that energy. As Dave is bending his neck to put the new guitar on, after 3 hours of playing and probably in some pain, he changed the last lyrics of Rapunzel to: “Every single thing you do to me, my god I’m FUCKED, but I’ll do, my best, for you, I’ll do yeaaaaaa. LOL! I’m sure he’s used this change before but it was timed so perfectly with him tangled in a new guitar strap, with his head banging against the various items, knowing he had about 3 seconds to pull of this change and it was not going well.
Encore:
Singing From The Windows: I could not hold it together for this song. After a year and a half of what has felt like chaos in the lives of many people and in humanity, the acceptance and hope that pours from this song, and out of Dave, is enough to floor anyone that has an ounce of care for the rest of our species. I looked around and everyone around me in the pit was crying. Dave got choked up on this song the other night and looked like he was barely holding it together. There was a quiet and serenity for a moment without the band, and all of the focus went to the songwriter and the gripping power one man and a guitar can have on an audience of 20,000 people.
Why I Am: Man, it really felt like Leroi still carries a presence in this band and you can tell why the band sings it often.
Stay: By this point, everyone was so insanely hot in the pit that they were belting Stay knowing that it was the last chance we would get to sing together. The way Carter syncopates the china cymbals on the outro of this song has always captured me. To watch Dave dance to this one more time while the horns went off and spread his arms wide on the final 3 seconds of the song was an exclamation point on a wild ass evening.
— —
Anyway, I wish that every human being could experience what I did last night. The world would be an infinitely better place. It’s not often that we have moments in our life that alter the course of the path we’re on, but I think it’s important to recognize them when they happen.
Whatever God is or means, or exists insofar as we allow him/her/it into this world, God was absolutely radiating last night. In the faces of the people, and in the entity that lives and breathes and is created when these musicians get together on stage. There is something above and beyond human form that I am humbled to have been a witness to.
It sounds a bit wild, but we are so unbelievably bigger than our bodies trick us into thinking we are. We are so much bigger than the Warehouse that contains us. And yet, we must live and do God’s work through this physical vessel because it is the only form that we take while we’re here. We must learn from this self and feed it, nourish it, teach it to become more than what it thinks it is.
One other thought: to share this musical experience alone is wonderful. But to have shared this band with someone I love so deeply is all a person could ever ask for. It is the epitome of the human experience, that is, to watch another person receive their own gift, their own joy, their own meaning from something you believe in, and to know they will carry it with them forever. They are changed by your truth. I got to see her become fully and endlessly alive because of this music last night. And that was infinitely enough.
We left the venue on fire with gratitute. It sounds wild, but I remember thinking I could die quite peacefully at that moment! I couldn’t conjure any other thing I needed to go do on this planet. I couldn’t conjure a negative thought. It was impossible. The word “ecstasy” doesn’t do this feeling justice, because the emotions are so much further in range than just intense happiness. Perhaps “awareness” or “power” or “spiritual fullness” resound a bit more to me, but for everyone it is different.
I think what’s most special about this band is that their music permeates into the core of who you are as a human being. It’s spiritual. It’s bursting with truth. It transforms how you see the world. It becomes your attitude and your way of life. This is why these guys sold more live tickets than any other group on earth for 10 years straight. The range of emotion embedded in the music is also the perfect analogy of what we as people honestly grapple with during our journey here. The lessons are clear. The music has given millions of people permission to live better lives: with jubilance, resilience, and an understanding that joy exists even amidst the deepest of pain. Each day we have an opportunity to show someone else this honest attitude, this truth, through whatever medium we choose. It is one of the greatest gifts we can offer another person. There is no question I will carry the richness of this experience with me, from now until the end of my life. I am forever thankful for nights like this, nights that are simply transcendent.
Thomas Harpole
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ThomasHarpole.com
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Hello mistress, hope everything's fine. ^-^ I've been asking to myself, why Grell could transform herself in ButlerGrell? It seems like she's the only one with that kind of 'talent' among reapers and I've been wondering if it's plot relevant or if it's just Sensei wanted to add some drama with a reaper in disguise. Tbh I've always find it a little nonsense, like plot convenience and nothing more, but I could be wrong. What do you think about? Thanks for reading and have a nice day!
Hey Anon! Thanks for the question.
I’ve always had this idea that the concept of the reapers evolved a bit over time. This may sound silly, but I think it’s possible that they weren’t always intended to be former humans who took their own lives. As someone who enjoys writing (although I don’t dare compare myself to someone like Yana), I know that I’ve had ideas and thoughts change right in the middle of a story. I feel there’s a strong chance the reapers were supposed to be another supernatural creature in the series without necessarily having this tie to humanity other than collecting their souls.
So how does that tie in with your question? Well Grell was more brutal and violent in that early arc - more creature like but has been toned down in later appearances. In other words, Grell appeared to have far less of a human side initially and had more qualities of a supernatural entity. This includes other powers such as shape shifting or at least the ability to change appearance. Demons can do this, so it might make sense that other supernatural creatures could as well. It fit the tone of the story.
I don’t think it was plot convenience as much as it is a discarded idea. After the JTR arc, the story expanded and it changed slightly. As we now know that certain reapers (namely Undertaker at this point) are important to the story, so there is more focus on them. As the story evolved, they’ve become more and more human. They are like humans who have become callous to death because they are death who are basically immortal.
I wouldn’t be entirely surprised if the idea of reapers being able to change their appearance comes back into the story again at some point. I had a crack theory that Undertaker has been around more than we’ve realized as he had another identity - one where he changed his appearance. It’s not impossible.
In a nutshell, I think the idea of reapers being able to change their appearance and look like normal humans fit the story at one time, but it has since been dropped mostly because it’s no longer needed. I’m sure Grell could still be Butler Grell if that was necessary, but I’m not sure if that will become necessary to the plot again.
Thanks so much for asking, Anon. Have a lovely day!
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DMB - Live Trax.
Like a lot of people, Memorial Day Weekend is the unofficial summer kickoff for me. Summer means a lot of things. Like, it will be hot out. You’ll find yourself at a BBQ at least once. You’ll probably drink a cold beverage. And Dave Matthews Band is on tour.
I know DMB is often mocked nowadays (seriously, click on this link – hilarious). But that doesn’t change the fact that they are one of the truly great live bands. And there’s no better time to see them than in the summer. There’s something comforting about having a few Sam Summers in the parking lot in advance of a DMB summer show. It’s even more comforting knowing that they tour every year. And they always change up their shows and their sound. No two shows are ever exactly the same. If you haven’t seen one of their shows before, do yourself a favor and catch one this summer. Chances are that if you live in America, they are coming to a town near you. You don’t believe me? Just click right here and see for yourself.
In the meantime, you might want to spend some time getting yourself familiar with their live shows. You might be wondering ‘wait, how can I get myself familiar with DMB’s live shows before I even go to a show?’ Well, the answer is that they have officially released a ton of their live shows. Some of them are essential summer albums, including the historic The Central Park Concert, Listener Supported, The Gorge and their very first live album Live at Red Rocks 8.15.95. All of these live albums deserve a listen!
DMB also has a series of live show releases which are released under the title Live Trax. For a long time, you could only get these from the band’s official website. A couple of years ago they put the first 20 releases in the Live Trax series, plus Live Trax 2008 (an album previously only available to those who purchased a ticket to a summer 2008 show), on streaming sites. We are all lucky because of this.
Because each show is at least 2 hours long and is unique, I don’t think you will have enough time to listen to each show before you go see them live in concert (which I am assuming you will do this year!). As a result, I decided to put together a playlist of summer songs from the Live Trax series to give you a little taste of what a DMB show is like. I usually structure my playlists to flow like a show would and should, and focused extra hard this time on doing that. I think you will find that to be the case if you listen to this playlist. Which you should. It’s a great summer playlist.
Because I only included summer songs in this playlist, there were a few amazing songs that had to be left off, including what I think to be THE definitive version of “Crash Into Me” from Live Trax Vol. 7 (you are really doing yourself, and your ears, a disservice if you don’t listen to this), as well as “#40” from Live Trax Vol. 12 (to me, early May is not summer, so I had to leave this song off). I’d also recommend that you listen to both “Two Step” and “Crash Into Me” from Live Trax Vol. 18 back-to-back. The band did an incredible segue where they did the typical drum outro to “Two Step” and then went right into “Crash Into Me”. It sounds so cool to listen to. I wish I had been at that show!
So what am I proving with this nearly 3 hour long playlist? Many things. DMB is one of the best live bands ever. They are perfect for summer. The playlist is perfect for driving with the windows down on a sunny afternoon (preferably through tree-lined Pennsylvania back-roads. Seriously. Try it. So perfect!) We are lucky that “The Idea Of You”, one of their best songs of the past 15 years, FINALLY received a proper studio release over 10 years after it was first played live. I think we can all hope that we will be lucky that “JTR”, a song first played nearly 20 years, finally gets the proper studio release that it so obviously deserves. The Live Trax series is worth exploring. Unfortunately only the first 20 releases in the series are available to stream, but there are a ton of great releases not available to stream that I would recommend purchasing.
As you listen to this playlist, I hope you think of answers to some of the questions I have for you. Better yet, I hope you tell me the answers. Like, how perfect is that “One Sweet World” opener? How awesome is “The Idea Of You”? How crazy does Carter go on “Tripping Billies”? How awesome of a drummer is Carter? Haven’t you been paying attention to how great he is? Do you enjoy the fade-out outro to “Crash Into Me”? (the band hasn’t done that in over 20 years).
This was a tough playlist for me to complete, because there were so many great choices. If you saw all of my notes for this one, you would know what I mean. There was a lot of rewrites and edits while I completed it. All of that hard work so that both you and I can enjoy this playlist throughout our summer! I truly hope that you enjoy this one and find that it is as appropriate for summer as I made it out to be. Open your windows, feel the warmth, crack open a Sam Summer if you aren’t driving (my personal DMB pre-show drink of choice) and enjoy the great summer sound of Dave Matthews Band. Hopefully I will see you at a DMB show this summer!
Link to playlist on Apple Music: https://music.apple.com/us/playlist/dmb-live-trax/pl.u-8aAVXLqUNmrv5R
Link to playlist on Spotify: https://open.spotify.com/user/joementa/playlist/7DOS3gvWbR3rkRXjaLgWNT?si=5UrwKj5qTGWVxhhu0QxYCw
“One Sweet World” (Live Trax Vol. 2 - September 12, 2004 - San Francisco, CA)
“What Would You Say?” (Live Trax Vol. 11 - August 29, 2000 - Saratoga Springs, NY)
“Granny” (Live Trax Vol. 8 - August 7, 2004 - East Troy, WI)
“Recently” (Live Trax Vol. 20 - August 19, 1993 - New York, NY)
“The Idea Of You” (Live Trax Vol. 14 - June 28, 2008 - Bristow, VA)
“JTR” (Live Trax Vol. 3 - August 27, 2000 - Hartford, CT)
“The Stone” (Live Trax Vol. 19 - September 30, 2008 - Rio de Janeiro, Brazil)
“Busted Stuff” (Live Trax Vol. 3 - August 27, 2000 - Hartford, CT)
“Drive In, Drive Out” (Live Trax Vol. 5 - August 23, 1995 - Rochester Hills, MI)
“Lie In Our Graves” (Live Trax Vol. 2 - September 12, 2004 - San Francisco, CA)
“#41” (Live Trax Vol. 16 - June 26, 2000 - Cincinnati, OH)
“Crush” (Live Trax 2008)
“Crash Into Me” (Live Trax Vol. 18 - June 4, 1996 - Virginia Beach, VA)
“You Might Die Trying” (Live Trax Vol. 15 - August 9, 2008 - East Troy, WI)
“Rhyme & Reason” (Live Trax Vol. 13 - June 7, 2008 - St. Louis, MO)
“Warehouse” (Live Trax Vol. 6 - July 7-8, 2006 - Boston, MA)
“Tripping Billies” (Live Trax Vol. 13 - June 7, 2008 - St. Louis, MO)
“#Lover Lay Down“ (Live Trax Vol. 17 - July 6, 1997 - Mountain View, CA)
“Two Step” (Live Trax Vol. 19 - September 30, 2008 - Rio de Janeiro, Brazil)
“Ants Marching” (Live Trax Vol. 14 - June 28, 2008 - Bristow, VA)
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hihii this is my first time requesting something on tumblr(or even being on it) and I was binge reading Jack the Ripper x Reader for around 4 hours? Idk but I keep seeing your writing and I absolutely love it keep up the good work 🙏🏽
Anyways onto my request, can I request for a Jack the Ripper x Male reader fluff? It can be them going on a date and it starts raining but neither of them has an umbrella so jack uses his jacket to cover them up while They Rush back home? Idrk tbh but if you wanna change some things that’s fine It’s Your writing after all!
Ps. Reading Your writing has actually given me motivation to start writing and I hope you’re doing good and having a good day ty and byebyee
Oh, thank you- I'm glad to know my writing has that effect on you-
Yeah, I may have too many JTR fics- Not deleting any though- Anyhow, I can indeed do that-
I wish you good luck with your writing-
Warnings: None but male pronouns.
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"Would you like some apple pie? We're near Alice's cafe." Jack spoke as he looked towards the small diner. "I could eat." (Y/n) smiled softly. “I have something for you to try. It’s quiet delicious.” Jack seemed to pull him along. “Excuse me, could I have a seat for two?” He called out. “Surely! Come with me!” A waitress answered. Jack softly pulled (Y/n) along, seeing the male look around with the smallest colors of curiosity. He then looked back at Jack. “This place is nice.” He nodded. “Indeed it is.” The pair then took their seats by the outside area of the cafe. “What would you like?” The waitress questioned. “Do you have any specific orders?” Jack looked at (Y/n). “No, I’m here to taste the one you recommended to me.” He smiled softly. “Okay then.” Jack looked towards the waitress. “We’ll have the apple pie with cheddar cheese.” He spoke. “Good choice!” She spoke, writing it down. Jack gave a small smile as she nodded. “I’ll be back with your orders in a bit.” She spoke, walking away. (Y/n) then looked up. “... I think it’ll rain soon.” He spoke, his gaze falling past the parasol. “Did you bring an umbrella?” Jack questioned. “Uh... no...” (Y/n) and him seemed to softly chuckle. “Well, would you be satisfied with taking a small run in the rain?” He questioned. “Not at all.” (Y/n) answered. He then looked up. “Not very sure if I’m accurate though...” He mumbled.
(Y/n) was indeed accurate. Within minutes, it had already started to rain.
“Oh, goodness...” Jack mumbled, watching as the rain fell down. The parasol had shielded the pair, yes, but once they got outside, they would have to run. “Sorry for the wait. Here’s your apple pie.” The waitress softly placed the two plates in front of the pair. (Y/n) gently grabbed his fork as Jack inhaled the scent. He seemed to chuckle with content already digging in with his food. “Looks like you really like that.” (Y/n) took his own bite. “... I now understand why...” He mumbled. Jack could only give a close eyed smile as he and (Y/n) kept eating. “Do you think we could bake an apple pie at home?” Jack perked up. “I would love that!” He spoke. (Y/n) flashed a small close eyed smile.
As the pair finished up their food, they made sure to pay for it before looking towards the rain. “Well... ready to sprint?” (Y/n) looked towards Jack. He had taken his blazer off, putting it over the other male’s head. “Can’t have you getting wet, can I?” He questioned. “You’ll get sick if you don’t keep your own blazer. At least take mine.” (Y/n) answered, clear concern within his voice. Jack could feel a warmth protrude from within his body from the pure color. “.... Are you sure?” He questioned. “Yeah, take your coat back.” (Y/n) held it out, pulling his own blazer above his head. Jack seemed to softly chuckle. “I hope you can run fast.” (Y/n) arched an eyebrow. “... And I hope you don’t trip.” Jack softly laughed. “I’m not that clumsy, Dear.”
#jack the ripper#jack ripper record ragnarok#jack the ripper record of ragnarok#record of ragnarok#Record of ragnarok x reader
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Chapter 1: The Land of Hope and Glory
Fandom: Kuroshitsuji/Black Butler
Pairings: mainly Ciel Phantomhive/Elizabeth Midford
Summary: “There is nothing more ridiculous than living in a country in which an orange-skinned man won an election,” Francis had said, ending the Midfords four-year-long stay in the USA.
Three days later, Elizabeth lives in gloomy London, wishing to be back in sunny LA, when a murder case suddenly turns her life upside down, entangling her with Ciel Phantomhive, his duty to the crown, and his school-intern detective agency...
Note: This is a retelling of the manga arcs (starting with the JTR arc) set in a Modern/School AU in which Ciel and McMillan have a detective agency at Weston (now accepting girls too) and Lizzy gets entangled with them after witnessing a murder. I hope you like it!
Navigation: Chapter Index
“The blood a hero sire hath spent/Still nerves a hero son.”
– A.C. Benson and Edward Elgar, Land of Hope and Glory
THE WHITECHAPEL COPYCAT ARC
London, England, United Kingdom – November 2016
“There is nothing more ridiculous than living in a country in which an orange-skinned man with dreadful hair won an election – and no, I don’t mean Oompa-Loompas, they are decent people,” Francis Midford had said, already packing together their things and thus ending the Midfords four-year-long stay in the USA.
If it had fully gone after Francis’ wishes, Elizabeth Midford would now live in Australia or Canada or perhaps even in a more exotic country, but Alexis Leon, her father, had managed to persuade his wife to go back to England, their old home – Brexit or not. After all, they had spent most of their lives there, were members of the old British gentry, and the history of their families was entangled with the history of the kingdom.
Therefore, Elizabeth was now running through the crowded streets of London, trying not to be late on her first day at her new school, while the stereotypical British rain was falling upon her. It was insane to change schools in the middle of the school year, but there had not been anything she could have done against it. At least, the school year had only started a couple of months ago. But it was still a bothersome procedure – a new school, new teachers, new schoolmates. Elizabeth had been with almost the same people in the middle and high school – but at her new school, the renowned Weston College, she didn’t know anybody besides her brother. She would be the stranger in a pile of already distinct groups.
Even if Elizabeth doubted that everyone at Weston would be a stranger to her.
Terribly wet and wishing that she would be back in Los Angeles, feeling the warmth of the sun on her skin rather than the stinging rain, Elizabeth finally arrived in the school’s main building. Its official name was “Pearl Swan,” but everybody called it “Grey House” rather than “White House” because that would have been incredibly ridiculous.
Before the 1920s, Weston College had only been open to males. But now, even selected “normal” people – the children of parents who were neither rich nor noble – could attend it. With the change of the school system, the house classification had been abolished, and Weston College had become a day school and wasn’t a boarding school anymore. Now, the former four dormitory houses – Scarlet Fox, Sapphire Owl, Violet Wolf, and Green Lion – inhabited different school subjects: In Green House, P.E. and the sport clubs took place. In Purple House, music, art, drama, and dance was taught. In Red House, the pupils learned languages, manners, and cooking; and Blue House was the home of every other subject.
Still, Weston College mostly allowed rich and noble children to wander through their ancient, historical corridors, and, therefore, the percentage of “normal” pupils was quite low.
Fumbling her timetable out of her magenta leather bag, Elizabeth hurried through the white marmoreal corridors of Grey House.
It was 9.25, and Elizabeth had only five minutes to find out to which house she had to go for her first lesson. (She had already missed both the registration and the assembly.) And if she didn’t find her timetable in her bag soon, she would be late because the four old Houses were scattered over the huge campus. She could have gone to any ordinary school, but, of course, her parents had had to send her to a school whose premises were larger than three or four football fields together. And only because it was a Midford tradition to enrol their children in Weston.
Elizabeth sighed. The timetable seemed to have vanished inside the depths of her lovely bag – and why did she have to oversleep for the first time in her entire life today of all days? (It had only happened because Francis hadn’t been there in the morning for a change. She had been called by her sister-in-law very early in the morning, and Alexis hadn’t realised that it had now been his duty to make sure that both of his children got to school in time.)
If Elizabeth hadn’t overslept, her older brother Edward could have brought her to school, and on the way, she could have calmly searched for her timetable. Everything would have gone smoothly, but, of course, the universe had decided to turn her life into a silly romance novel beginning today – only without the slice of buttered toast in her mouth.
Now, I only have to run into a boy for whom I would fall immediately. And I would fall for him in the most disgusting and unrealistic way which was possible. After all, he would be “the great love of my life” and just like every over stupid romance “heroine” I would be strangled by the red thread, Elizabeth thought – and promptly collided with someone.
Elizabeth’s bag slipped out of her hands and because the bag was open, most of her belongings flew out of it. She landed on the hard floor and when she looked up she gazed into the eyes – no, eye, he was wearing an eye-patch over his right one – of a boy who, she had to admit, was actually quite cute despite the circumstance that he looked a bit feminine. But “him being cute” was not enough to start the magical “falling in love” process. If it had worked, she would have dumbly stared at him, perhaps even drooling onto her clothes and the floor.
Thank heavens.
“Are you all right?” the boy she had collided with asked, standing up before offering her a hand to help her up.
Hell – he is even nice! Good that this is still the reality and not a cheesy novel.
Elizabeth took his hand, and while she rose from the ground, she said: “I am fine. Thanks for asking.” When she was standing in front of the boy to her full height, Elizabeth had to realise that he was a few centimetres shorter than her.
Then, before anybody could say anything, the bell rang.
“Dammit,” Elizabeth cursed silently, quickly collecting her belongings and aggressively throwing them into her bag – and there was her timetable! Lying on the ground beside her chemistry book. She resisted the urge to kick it furiously into the next bin and simply picked up both things before saying goodbye to the boy and running to get to art.
And, of course, Purple House had to be at the other side of the campus which a glimpse at a map told her.
Hallelujah.
***
Art had been terrible. Elizabeth had been forty minutes late because she had missed the bus driving from Grey to Purple House. The school grounds were seriously so large that there were even buses driving between the six main houses. (The buses were colour-coded to make sure everyone – even Elizabeth – could figure out where they headed.) Her art teacher, Miss Julia Fray, had not been very amused of the fact that her new student had missed so much of her lesson, and Elizabeth’s new classmates had stared at her as if she was an alien. (As if they had never been late themselves.) That she had been still soaked in rain hadn’t helped much.
Now, fifteen minutes later, Elizabeth left Purple House and got into a bus which should bring her to Red House for English Literature.
I just want to go home, she thought while hugging her magenta bag. I want to go back to Los Angeles. Trump or not. I want to go back to my normal daily life full of sunlight, not-being late, and Red Velvet Oreos.
After Elizabeth had dropped out and entered Red House, she had to face another problem: Where was the English Literature Room? There wasn’t any room number on her timetable, and there were too many people walking around for her to see any signs or maps. Elizabeth already accepted the fact that she would be late again – and then, she saw a brown-haired girl who had also been with her in art.
I guess, she must have Literature now too... right?
Elizabeth fought her way to the girl and tapped her on the shoulder. Immediately, she started to scream and whirled around, her eyes wide.
“Hi,” Elizabeth greeted her with a smile. “I am Elizabeth Midford. Do you know by chance where Miss Lucie Doyle’s class is?”
After the girl had stared at her for a couple of seconds, she nodded and visibly relaxed. “Hello. I am Paula Sergeant. I also have Literature now – just follow me.”
Lucie Doyle, a woman with friendliness shining in her pale blue eyes, approached Paula and Elizabeth when they entered her classroom on time.
She extended a hand to Elizabeth. “You must be Elizabeth Midford. I am Miss Doyle – your Form Tutor and English Literature and Language teacher. I missed you during the registration.”
With an awkward smile, Elizabeth shook Miss Doyle’s hand. “I am terribly sorry, Miss. I overslept this morning and was completely overstrained with the school’s layout.”
“That’s all right,” Miss Doyle meant, smiling at her. “It’s your first day at Weston College after all. Also, you came to London only a few days ago. That must have been very stressful.”
Actually, the Midfords had arrived in London yesterday. That’s how fast their moving had gone. Three days ago, Francis had decided to leave Los Angeles, and now there were here: around eleven hours and almost 9000 kilometres away.
English Literature went better than art – after all, Elizabeth hadn’t been late this time –, but she had to realise that, to her misfortune, they were doing something entirely different than what she had done in America a few days ago.
Clearly, it wouldn’t be funny to rework everything.
And again – hallelujah. Thanks for everything, stupid election. Thanks, Donald Trump’s hairdresser.
***
Paula showed Elizabeth around during the break between 11.35 and 12.00 after they had spent half of English Literature exchanging notes. Paula introduced her to some of their schoolmates – shy Joanne Harcourt (He was a boy! Was every boy in this school feminine looking? Elizabeth had to take notes.), dashing Irene Diaz, the star of the Drama Club, and Grimsby Keane, her boyfriend (Okay, not everyone.) – and pointed at the Student Council when they passed by. Edgar Redmond, Gregory Violet, Lawrence Bluewer, and Herman Greenhill didn’t only have stu... interesting names but also attended Onyx Raven, the university part of Weston which had been created during the school’s reformation in the 1920s. (The name “Onyx Raven” sounded like the title of a Pokémon game, with its counterpart being “Pearl Swan.”) Paula told Elizabeth that always four of the university students formed the Inner Core of the Student Council for the entire institute. The Inner Core members were called “Council 4” or “C4” for short. Then, there were also their deputies and assistants – Cheslock, Maurice Cole, and Clayton – who belonged to the Intermediate Core. The Outer Core consisted of two pupils of each school year. For Year 10, it were Irene and Justus Siemens.
Also, Elizabeth told Paula about Los Angeles: How her family had moved there in 2012. How they had originally planned to stay only for a year, but fell in love with the city and stayed three more years until the next election which had been nothing but a total train-wreck. A ridiculous match between pest and cholera, Dolores Umbridge and Joffrey Baratheon, Twilight and Fifty Shades of Grey. No matter what you chose, you would always get something utterly horrible.
Elizabeth looked around to find out if Edward was somewhere, but she couldn’t see him, and then, the break was already over.
She trudged through a lesson of Chemistry (The teacher was seriously named Merlin Morgan. As if he was a book character) and P.E. (It was quite boring to not being able to participate, but her P.E. clothes were still in one of the million boxes filling their villa like furniture) until Lunch Break finally began.
Paula and Elizabeth went to the cafeteria which adjoined Grey House. Elizabeth hammered her head against the table in frustration, and Paula tried to calm her down. But there was nothing to calm her down.
During P.E. Elizabeth had gone through her bag and noticed that her diary was gone. Her diary.
She was none of these girls who carried their diaries everywhere – even to the toilet. The only reason why Elizabeth had brought her diary to school today was because she had put it into her bag for the flight. And because she had been in a hurry this morning, she hadn’t been able to remove it. And now, it was gone, and she had no idea where it could be. Perhaps, she had lost it on her run to school or somewhere on the school grounds – she didn’t know. Actually, Elizabeth preferred her diary to have gone lost in the rain somewhere in the streets of London over a schoolmate having found and now reading it. She wasn’t a person who poured all her heart into a simple notebook, but she would still die of embarrassment if someone read it. And today was her first day at the new school.
I think, things couldn’t go worse now. I was already at the absolute zero point.
“I am certain that you will find your diary, Lizzy,” Paula said. Elizabeth had offered her one period ago to call her “Lizzy.” At home and in Los Angeles, everyone called her “Lizzy.” It was weird to be called “Elizabeth” all day long.
Elizabeth stopped hammering her head against the table and looked up. “Paula – I am fine. Stop talking about it.”
“But you are definitely not fine,” Paula replied. “You were hitting the table with your head.”
“I am fine now. I stopped doing it, so I am fine.”
Her new friend sighed. “Whatever you say, Lizzy.”
Elizabeth let her gaze wander through the cafeteria, searching again for her brother. But then, her gaze froze at the entrance door – no other than Cute Shortie into whom she had run into earlier was standing there and talking to a boy with funny reddish brown hair and round glasses. Paula followed Elizabeth’s gaze and tilted her head.
“They are Ciel Phantomhive and McMillan,” she told Elizabeth. “They belong to the ‘Phantomhive & McMillan Detective Agency – Chocolate for Investigating.’”
Elizabeth frowned. “Detective Agency?”
Paula nodded. “You can go there if one of your things is missing or anything like that, and they solve your case in exchange of sweets. The one with the eye-patch is Ciel, the detective and the agency’s leader. McMillan is his secretary and assistant.”
“Why do you keep calling him by his surname?”
Paula simply shrugged. “Everyone calls McMillan McMillan. I don’t think anybody actually knows his first name. Not even the teachers.”
“O-,” Elizabeth started to say before cutting herself off when she saw Ciel noticing and approaching her.
Don’t tell me the “Red String Strangle Magic” had worked on him. No, no, no, no, no, no, no, no, no...
“You lost this earlier,” Ciel Phantomhive said to Elizabeth when he stood in front of hers and Paula’s table, handing her a blue velvet notebook with a soft Victorian pattern on it – her diary.
Okay – I have been wrong. I have just fallen beyond the absolute zero point.
Cute Shortie – I mean, Ciel Phantomhive – has read my diary. He. Has. Read. My. Diary. Hopefully, he just wanted to have my entire stock of Red Velvet Oreos which I had brought over from America and didn’t go around telling everyone about my diary’s contents.
I don’t pour my heart into it. Usually. But I did it once. On my darkest of days. And this entry contains my biggest secret nobody could ever know. And now, Cu- Ciel Phantomhive did, and who knows who would know about it soon? Or did already know?
Perhaps, I should give him the Oreos I have in my bag.
Wordlessly, Elizabeth took the diary. Ciel also didn’t say anything anymore and just went back to McMillan.
“Lizzy!” Paula exclaimed, blinking at the blue notebook. “Is this your lost diary?”
Like she had been mesmerised (Like there was a fairy sitting invisibly on her diary and looking into her unprotected eyes!), Elizabeth stared at her diary and slowly nodded.
“Yey! You have it back, isn’t it great? But why are you looking like the Earl has given you ectoplasm?”
I wouldn’t have this expression on my face if he gave me ectoplasm – ectoplasm was awesome.
Elizabeth’s confusion was strong enough to make her forget that her life was probably over now – and that after only fourteen years! She looked up and frowned at Paula. “‘The Earl’?”
Paula frowned back. “Uh... Ciel Phantomhive? The Earl of Phantomhive? The boy who came to our table a few minutes ago? Dark hair? A deep blue eye? Eye-patch?”
“‘Earl of Phantomhive’?” Elizabeth said, her eyes widening. “Do you mean that he already holds his family’s title? That he isn’t just, for example, the son of a Duke who was granted an extra title to his title of a Lord? That he is already the head of his family?”
Oh, God – I am the daughter of a Marquess and thus hold the title of a Lady. Cute Shortie, however, has already inherited his family’s “main” title – and the position as the family head – despite being in my age or perhaps even one or two years younger (probably not older, he is so short).
That he is holding this title means that his predecessor – most likely his father – is already dead.
“Uh... yes? He inherited the title after his parents’ death,” Paula told Elizabeth who could only stare at her with an open mouth. (Terribly unladylike, but then, they weren’t in the 19th century.)
Both his parents are dead?! I think I would die if Mum and Dad suddenly passed away in the foreseeable future. I couldn’t imagine living without parents at my age even though I know that there are far too many children in the world who have to live like that.
“Didn’t you know about it?” Paula asked, still frowning. “It was all over the news three years ago. ‘Head of the Funtom Corporation and Family Die In a Mysterious Fire.’ ‘Earl Phantomhive Son’s Ashes Not Found.’ ‘Who Burned Down Phantomhive Manor?’ ‘What Happened to the Company’s Heir?’ ‘Phantomhive Arsonist Still On the Loose.’ ‘Ciel Phantomhive’s Miraculous Return!’ ‘Where Had Ciel Been?’” she recited some of the news’ headlines. “The news about the fire was everywhere. For seemingly endless weeks, it flooded everything – the newspapers, the internet, the television... Everyone talked about it. Everyone wondered what happened to the missing ten-year-old boy. Groups of people searched for Ciel for weeks – until he magically returned. After his return, he was labelled ‘England’s saddest boy.’ Now, everyone is wondering where he had been and what had happened on the day of the fire.”
“Do they know it now? I mean, three years have passed after all.” Elizabeth had turned pale. This was even worse than she had imagined.
Paula shook her head. “No. Ciel refuses to talk about these topics, and his aunt does everything she can to ensure that the media does not harass him so that her nephew can live without having to fear that reporters jump out of every bush he passes by. There’s also a distant relative who leads Funtom Corporation until Ciel is old enough to do it on his own. He lost everything else on December 14, 2013 – his tenth birthday.”
OH. GOD.
“It happened on his birthday?!” Elizabeth yelled and quite a lot of people turned around to her. She ignored them.
Paula nodded with a sad expression on her face. “Yes. That’s why they are calling him ‘England’s saddest boy.’”
To hell – I doubt that THIS BOY could ever, ever read someone else’s diary, or at least, tell everyone about its contents.
First of all, he didn’t know me, and thus he had no reason to do anything like that to me. I didn’t go and punch him in the face today or anything like that after all.
Also, telling the world about someone else’s diary would not only draw attention to the diary’s owner but to the whistleblower too. And Ciel Phantomhive is DEFINITELY not a person who wants to draw a lot of attention to himself.
And the most definite argument: If he had seriously wanted to mortify me, he would not have given me back my diary. Of course, he could have made photos of the pages, but wasn’t keeping the diary more vicious? Also, Ciel didn’t seem evil or plotting or anything like that to me. He just seemed like a nice boy who wanted to give something he had found to its rightful owner.
I simply overreacted.
Elizabeth sighed in relief.
I am saved! My life isn’t over yet!
“I am going to get myself something to eat,” Elizabeth told Paula and stood up. “Should I get you something too?”
Paula shook her head and got out a lovingly filled lunch box. Just before Elizabeth walked to the food counter, she looked back to the cafeteria’s entrance – but McMillan and Ciel were already gone.
***
There is only one thing I was looking forward to when Mum announced that we would move.
With a wide smile on her face, Elizabeth ran all the way back to Midford Villa after the school had ended.
Alexis Leon Midford had brought the villa – a dream of black and white with five floors (counting the attic), one basement, three garages, and a huge garden with a pond – in 1997 after marrying Francis. Since then, the beautiful Victorian villa in Mayfair belonged to the Midford family. This had not changed when they had moved to the States – a convenient circumstance, considering their rushed return to England.
Elizabeth hurried through the enormous, brilliantly shining white entrance hall and up the red-carpeted stairs to get to her room. The new servants (their old ones had refused to leave America; Francis didn’t mind as she had been able to get new ones in no time) were running around like busy bees and packing out the many, many moving boxes. If they had also sounded like bees, a terrible noise would have gone through the villa and a policeman would be standing on the door because he had been called due to “breach of the peace.” Luckily, the servants did not make the annoying sound of bees while working. Getting into a fight with your new neighbours on your first day was never a good thing.
Elizabeth closed the door behind her and quickly exchanged the white and black school uniform with a pale orange knitted jumper, thick tights in pale rosé, and a black skirt. Elizabeth threw her school and exercise books out of her bag before grabbing the bag, her velvet coat which had a lovely, warm brown colour, her black boots and left her room again, putting on the coat and bag. She jumped around while putting on the boots when she passed by her father’s study.
“I am going out!” Elizabeth announced through the study’s opened door while getting into her left boot.
Alexis looked up from the newspapers he had been reading and frowned. “Didn’t you just come back, Lizzy? Can’t you eat something first?”
“I ate at school!” she yelled and hurried downstairs. She was out of the door before Alexis could reply anything.
When the Midfords had moved to Los Angeles, Elizabeth had been ten years old and too young to explore the city on her own. Now, back and fourteen, she was finally able to walk through the stunning streets of London all on her own.
I couldn’t await to meet London’s atmosphere, its life, in a new way – as a person different to the one who had left it all these years ago.
Elizabeth walked through Grosvenor Street before turning right into Bond Street before entering Burlington Gardens and some other streets – and twenty minutes later, she was standing in front of M&M’s World, every child’s biggest dream. It was the world’s largest candy store at 3250cm² – and Elizabeth was so happy to stand in front of it because there were only a handful of these stores existing in the world, and none in Los Angeles.
Just like A.C. Benson had said, England was really “the land of hope and glory.” Hope for almost infinite sweets. Glory for dentists.
How could she have lived in London for ten years without ever going here before?
Happily, Elizabeth entered Hea... M&M’s World, only to come out hours later with far too many sweets in her almost exploding bag. But actually, that wasn’t true: You could never have too many sweets. Just like you can never have enough sweets.
Perhaps, I should share some of my sweets with Cute Shortie. He may have enough money to buy M&M’s World (I quickly googled “Funtom Corporation” on my way to the candy store – he is truly one hell of a rich kid), but the gesture of someone giving him sweets out of nothing would certainly, hopefully, make him happy. At least, for a short amount of time.
Also, I have falsely accused him of being an arsehole who goes around and tells the contents of someone else’s diary. Cute Shortie may not know anything about it – I did it in my mind after all –, but I still feel that I owe him something as an apology.
It was already past seven o’clock (and because it was November, it was quite dark despite the glowing shop lights) and tomorrow was school, and perhaps, perhaps, Elizabeth should go home now..., but she had even resisted the urge to go into the Nickelodeon Store right next to M&M’s World... (Who had come up with that???) ... and she had always wanted to eat one of these famous Rainbow Bagels...
Before she knew what was happening, Elizabeth found herself on a Piccadilly Line train. She got out in Holborn and took the Central Line (The train was suffocatingly full!) to Liverpool Street. Fifteen minutes later, Elizabeth stood in front of Beigel Shop, Brick Lane. Would she walk down the Brick Lane, she would eventually arrive at Aladin – the restaurant serving London’s best curry. Even His Royal Highness, the Prince of Wales, had eaten there.
She would go there on another day. The temptation was big, though.
Elizabeth entered Beigel Shop (It was a 24/7 shop! Rainbow Bagels all day long forever!) and ordered twenty Rainbow Bagels. They were just the right things to buy on such a grey day. Also, she was certain that even Francis would like them.
Alternatively to the sweets, I could give Cute Shortie one of the bagels – but first, let’s see if Edward and Dad don’t eat all of them immediately.
With a bag full of warm bagels, Elizabeth walked through various side streets to get back to Liverpool Station. Of course, she could have gone back the same way she had come – but her city exploration trip had only consisted of two stops today (Damn you, amazingness of M&M’s World for stealing time like teeth!), and Elizabeth wanted to have something of a little “adventure” to make her trip less lame. Good that she had her smartphone with her. Good that she was not afraid of the dark.
And then, right before entering the quietest side street of them all, she saw something terrible on its other end.
Elizabeth Midford, fourteen-years-old, with M&Ms and plushies in her magenta leather bag and a bag full of Rainbow Bagels in her hand, stared at the scene in front of her – and watched a figure clad in black brutally stabbing an already unmoving body.
#the stars of the night#ciel phantomhive#cielizzy#ciel x lizzy#elizabeth midford#kuroshitsuji#black butler#fanfiction#ff#modern au#school au#the whitechapel copycat arc
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Good Resources On Estate Planning Trusts
Trusts can be effective tools for assisting and making life easier for a surviving spouse. They can also be used as part of a strategy to reduce estate settlement costs. People might do an excellent job of managing their assets when they are active and alert, but when their health fails, they might wish to assign the management of their assets to a trustee through a trust instrument. If the estate of the first to die is large and will flow directly to the surviving spouse, especially if the surviving spouse is elderly and inexperienced in investing and managing assets, a trust might be the most desirable method of meeting the surviving spouse’s and children’s present and future interests. A trust is a legal relationship. Unlike a corporation, a trust is not considered to exist as an entity separate from the people that own it and control it. A trust is created when it is signed, or it can be created orally. It can be funded anytime. In a trust, assets are entrusted to a trustee who holds legal title and manages the assets until they are distributed to the eventual beneficiary. The terms of the trust describe how income from the assets and principal are to be distributed and managed. The trustee can be a bank, a trust company, another professional, or one or more family members (spouse, son, daughter, or self).
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Usually the trustee is someone trusted by the trust creator (the settler or grantor). The trustee should be capable of managing the assets entrusted to him or her by the creator, until the assets are distributed to the benefactors. Beneficiaries can receive income from a trust during the trust’s existence, and/or receive assets when the trust is dissolved. When a trust is set up by spouses, the surviving spouse usually receives the income from the assets that are in the trust; assets then go to the children when the trust is dissolved. When a trust is created, the creator determines the conditions under which the trust will be dissolved. In the case of creating a trust with a child as the beneficiary, some creators wish the trust to be dissolved when the child is capable of wisely spending or investing his or her inheritance. A trust can also be dissolved when the surviving spouse dies. In both instances, the benefactors can receive income from the assets in the trust, and have limited access to the principal, if needed, before the trust is dissolved.
If assets are to be transferred to a trustee, titled assets (cars, trucks, stocks, bonds, real estate, savings/checking accounts, certificates of deposit, insurance policies, retirement accounts, etc.) should be retitled, as titles need to be changed with each respective titling agency. Some banks will institute an early withdrawal penalty if the title of a certificate of deposit is changed before the certificate matures. Assets without titles need to be signed over to the trust. Then, at the termination of the trust, assets need to be retitled and transferred back to beneficiaries. In regards to transferring assets, the same processes that happen through probate occur with a trust. Transferring property through a trust rather than through probate is not necessarily simpler and might or might not allow the heirs to receive a larger portion of the inheritance, but the trust process is usually quicker. However, transfer of property through a trust is more private, as there is no listing of assets and value of assets in the probate court or newspaper. Because the trust is a legal relationship not separate from the people that own and control it, assets transferred to a trust need to be put into the name of the trustee, not into the name of the trust. Transfers of title into the name of the trust might be a void transfer.
youtube
Types of Trusts
Assets can be transferred into a trust directly while one is living (these trusts are known as “inter-vivo” or “living trusts”), or assets can be directed into a trust by one’s will (these are called “testamentary trusts”). Living trusts that can be changed or revoked by the settler are called “revocable,” while those that cannot be changed or revoked are called “irrevocable.”
Revocable Living Trusts
Property placed in a revocable living trust can be returned to the creator by revoking the trust. Since the creator has the power to pull the assets back, when the creator’s estate is settled, assets in a revocable living trust are inventoried, appraised, and included in and federal estate tax calculations.
Irrevocable Living Trusts
When an irrevocable living trust is created, the creator has given the assets to the trustee. The creator no longer has control over the assets, or the legal right to control them in the future, unless the creator is the trustee. Assets in an irrevocable living trust are not subject to estate taxes unless the creator is also the trustee or has retained other rights.
Totten Trust (Payable-on-Death Accounts)
This is even easier than setting up a revocable living trust. If you have a bank account, you can simply turn it into a Totten trust by signing a form that your bank provides that designates the beneficiaries that you wish to receive the contents of the account. Totten trusts avoid probate and are very efficient at transferring property to your beneficiaries. In addition, Totten trusts can often be set up to pass securities (stocks and bonds) as well as bank accounts.
youtube
Trusts have been used to minimize federal estate taxes while providing security to a surviving spouse. One strategy to do this is to create a trust and write the wills of both spouses so that their assets pour over into the trust when the first spouse dies. In other words, the assets are willed to the trust rather than to the surviving spouse. The surviving spouse then gets the income from the trust and has limited rights to the principal, but the property in the trust is not in the surviving spouse’s estate. This is one way to have the first to die spouse’s assets pass through estate settlement and be charged estate settlement costs only once instead of twice if passed from the first to die to the survivor. This strategy no longer reduces federal estate taxes due to the portability of the federal estate tax exclusion, but it still reduces other estate settlement costs. A new provision in the federal estate tax law might reduce the use of trusts in estate planning.
Another very effective use of trusts is to make the trust the owner and beneficiary of life insurance. This might reduce estate settlement costs since the proceeds are not subject to federal estate taxes (in certain cases), appraisal, probate costs, or attorney fees (in certain cases). To minimize estate taxes yet provide for a surviving spouse, a trust might be utilized. However, if a trust is used to avoid probate, it should be done in the appropriate situations and for the correct reasons. One appropriate reason for living trusts is privacy. When an estate is settled, property being transferred, along with its appraised value, is often listed in the newspaper and at the county courthouse. However, if the property has already been transferred to a trust, it is not owned by the deceased at the time of death; therefore, it is not listed in the newspaper or at the courthouse. Living trusts are only one of several ways to avoid probate. Other methods include joint ownership of real property with rights of survivorship (JTRS), owning property such as retirement accounts with named beneficiaries, having payable on death (POD) accounts, giving before death, and owning life insurance policies with a named beneficiary. Probate might also be avoided by using a transfer on death (TOD) designation for stocks, bonds, other securities, real estate, and automobiles. Unfortunately, the laws of Ohio are not uniform as to each of these asset categories. For example, with any security, you can specify that if the intended beneficiary predeceases you, the predeceased beneficiary’s share will pass to the beneficiary’s lineal descendants, per stripes. However, with real estate, you have to specifically name the contingent beneficiaries. Accordingly, if one of your children has another child after you set up the deed, you will need to prepare a new deed to reflect a new contingent beneficiary. If these limitations are not of concern, you should be able to avoid probate for all titled assets without going to the expense of a trust.
youtube
Typical probate fees are estimated to be between $150 and $400. Probate fees are negligible, so avoiding probate to avoid probate fees might not be appropriate. Executor fees are another settlement cost. An executor in the probate process performs functions similar to those of a trustee for a trust. In general, the more time spent and the more management required of a trustee, the higher the fees (assuming the fees are accepted). Assuming that a family member is the executor or trustee, the fees are not a concern. However, trustee fees might be higher if a bank or trust company performs the function. Avoiding probate to avoid executor fees is not advantageous since trustee fees might be as much as or higher than executor fees. An appraisal is needed if tax forms have to be filed. An appraisal might be necessary when assets are placed into a living irrevocable trust, as gift tax forms might need to be filed. So the appraisal fee is often incurred even if probate is avoided with a trust instrument. Attorney fees are often a large portion of estate settlement costs. However, attorney fees will be charged when property is passed on to others through the probate process or through a trust. Also, to settle an estate, some attorneys charge by the hour. Others base their fees on a percentage of probate property only, and some base their fees on both probate and non-probate property. Although the percentage charged for non-probate property is generally lower than the percentage charged for probate property, one cannot automatically assume that non-probate property will not be included in the attorney fee calculation. Attorneys also charge to create and dissolve trusts. Property must be retitled into the trust when it is put in, and it must be retitled out of the trust when the trust is dissolved. Retitling might or might not be included in the fee charged by the attorney who created the trust. Therefore, attorney fees might not be reduced when avoiding probate by the use of a living trust. If you are considering a living trust to save attorney fees, consider the total cost of creating and dissolving the trust. In general, with a living trust, you pay attorney fees up front, but you also pay after death to dissolve the trust. If assets are handled by probate, the court oversees their retitling and transferring. If assets are put into a trust, an attorney has to do their retitling and transferring when the trust is dissolved.
Steps to an Estate Plan
A checklist to help you take care of your family by making a will, power of attorney, living will, funeral arrangements, and more. Here is a simple list of the most important estate planning issues to consider.
• Make a will: In a will, you state who you want to inherit your property and name a guardian to care for your young children should something happen to you and the other parent.
• Consider a trust: If you hold your property in a living trust, your survivors won’t have to go through probate court, a time-consuming and expensive process.
youtube
• Make health care directives: Writing out your wishes for health care can protect you if you become unable to make medical decisions for yourself. Health care directives include a health care declaration (“living will”) and a power of attorney for health care, which gives someone you choose the power to make decisions if you can’t. (In some states, these documents are combined into one, called an advance health care directive.)
• Make a financial power of attorney: With a durable power of attorney for finances, you can give a trusted person authority to handle your finances and property if you become incapacitated and unable to handle your own affairs. The person you name to handle your finances is called your agent or attorney-in-fact (but doesn’t have to be an attorney).
• Protect your children’s property: You should name an adult to manage any money and property your minor children may inherit from you. This can be the same person as the personal guardian you name in your will.
• File beneficiary forms: Naming a beneficiary for bank accounts and retirement plans makes the account automatically “payable on death” to your beneficiary and allows the funds to skip the probate process. Likewise, in almost all states, you can register your stocks, bonds, or brokerage accounts to transfer to your beneficiary upon your death.
• Consider life insurance: If you have young children or own a house, or you may owe significant debts or estate tax when you die, life insurance may be a good idea.
• Understand estate taxes: Most estates more than 99.7% won’t owe federal estate taxes. For deaths in 2017, the federal government will impose estate tax at your death only if your taxable estate is worth more than $5.49 million. (This exemption amount rises each year to adjust for inflation.) Also, married couples can transfer up to twice the exempt amount tax-free, and all assets left to a spouse (as long as the spouse is a U.S. citizen) or tax-exempt charity is exempt from the tax.
• Cover funeral expenses: Rather than a funeral prepayment plan, which may be unreliable, you can set up a payable-on-death account at your bank and deposit funds into it to pay for your funeral and related expenses.
• Make final arrangements: Make your end-of-life wishes known regarding organ and body donation and disposition of your body burial or cremation.
• Protect your business: If you’re the sole owner of a business, you should have a succession plan. If you own a business with others, you should have a buyout agreement.
• Store your documents: Your attorney-in-fact and/or your executor (the person you choose in your will to administer your property after you die) may need access to the following documents:
Will
Trusts
insurance policies
real estate deeds
certificates for stocks, bonds, annuities
information on bank accounts, mutual funds, and safe deposit boxes
information on retirement plans, 401(k) accounts, or IRAs
information on debts: credit cards, mortgages and loans, utilities, and unpaid taxes
Information on funeral prepayment plans, and any final arrangements instructions you have made.
The Importance of Estate Planning
Many people believe that having an estate plan simply means drafting a will or a trust. However, there is much more to include in your estate planning to make certain all of your assets are transferred seamlessly to your heirs upon your death. A successful estate plan also includes provisions allowing your family members to access or control your assets should you become unable to do so yourself.
youtube
Here is a list of items every estate plan should include:
Will/trust
Durable power of attorney
Beneficiary designations
Letter of intent
Healthcare power of attorney
Guardianship designations
In addition to these six documents and designations, a well-laid estate plan also should consider the purchase of insurance products such as long-term care insurance to cover old age, a lifetime annuity to generate some level of income until death, and life insurance to pass money to beneficiaries without the need for probate.
Get Legal Help Finding the Right Estate Plan for You
Probate laws are some of the oldest on the books. While the terminology and concepts may seem archaic, the good news is that you don’t have to figure this all out on your own. There are estates planning attorneys who can help you map out your estate plan and draft important documents. Get started on planning your estate by contacting an experienced estate planning lawyer.
Free Consultation with a Utah Estate Lawyer
If you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
How Soon Must A Probate Be Filed?
Child Support Payments
Military Divorce Attorney
Out Of State Child Support
ATV Accident Lawyer Park City Utah
What Happens If I Can’t Get A Loan Modification?
from Michael Anderson https://www.ascentlawfirm.com/good-resources-on-estate-planning-trusts/
from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/616154848567672832
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Good Resources On Estate Planning Trusts
Trusts can be effective tools for assisting and making life easier for a surviving spouse. They can also be used as part of a strategy to reduce estate settlement costs. People might do an excellent job of managing their assets when they are active and alert, but when their health fails, they might wish to assign the management of their assets to a trustee through a trust instrument. If the estate of the first to die is large and will flow directly to the surviving spouse, especially if the surviving spouse is elderly and inexperienced in investing and managing assets, a trust might be the most desirable method of meeting the surviving spouse’s and children’s present and future interests. A trust is a legal relationship. Unlike a corporation, a trust is not considered to exist as an entity separate from the people that own it and control it. A trust is created when it is signed, or it can be created orally. It can be funded anytime. In a trust, assets are entrusted to a trustee who holds legal title and manages the assets until they are distributed to the eventual beneficiary. The terms of the trust describe how income from the assets and principal are to be distributed and managed. The trustee can be a bank, a trust company, another professional, or one or more family members (spouse, son, daughter, or self).
youtube
Usually the trustee is someone trusted by the trust creator (the settler or grantor). The trustee should be capable of managing the assets entrusted to him or her by the creator, until the assets are distributed to the benefactors. Beneficiaries can receive income from a trust during the trust’s existence, and/or receive assets when the trust is dissolved. When a trust is set up by spouses, the surviving spouse usually receives the income from the assets that are in the trust; assets then go to the children when the trust is dissolved. When a trust is created, the creator determines the conditions under which the trust will be dissolved. In the case of creating a trust with a child as the beneficiary, some creators wish the trust to be dissolved when the child is capable of wisely spending or investing his or her inheritance. A trust can also be dissolved when the surviving spouse dies. In both instances, the benefactors can receive income from the assets in the trust, and have limited access to the principal, if needed, before the trust is dissolved.
If assets are to be transferred to a trustee, titled assets (cars, trucks, stocks, bonds, real estate, savings/checking accounts, certificates of deposit, insurance policies, retirement accounts, etc.) should be retitled, as titles need to be changed with each respective titling agency. Some banks will institute an early withdrawal penalty if the title of a certificate of deposit is changed before the certificate matures. Assets without titles need to be signed over to the trust. Then, at the termination of the trust, assets need to be retitled and transferred back to beneficiaries. In regards to transferring assets, the same processes that happen through probate occur with a trust. Transferring property through a trust rather than through probate is not necessarily simpler and might or might not allow the heirs to receive a larger portion of the inheritance, but the trust process is usually quicker. However, transfer of property through a trust is more private, as there is no listing of assets and value of assets in the probate court or newspaper. Because the trust is a legal relationship not separate from the people that own and control it, assets transferred to a trust need to be put into the name of the trustee, not into the name of the trust. Transfers of title into the name of the trust might be a void transfer.
youtube
Types of Trusts
Assets can be transferred into a trust directly while one is living (these trusts are known as “inter-vivo” or “living trusts”), or assets can be directed into a trust by one’s will (these are called “testamentary trusts”). Living trusts that can be changed or revoked by the settler are called “revocable,” while those that cannot be changed or revoked are called “irrevocable.”
Revocable Living Trusts
Property placed in a revocable living trust can be returned to the creator by revoking the trust. Since the creator has the power to pull the assets back, when the creator’s estate is settled, assets in a revocable living trust are inventoried, appraised, and included in and federal estate tax calculations.
Irrevocable Living Trusts
When an irrevocable living trust is created, the creator has given the assets to the trustee. The creator no longer has control over the assets, or the legal right to control them in the future, unless the creator is the trustee. Assets in an irrevocable living trust are not subject to estate taxes unless the creator is also the trustee or has retained other rights.
Totten Trust (Payable-on-Death Accounts)
This is even easier than setting up a revocable living trust. If you have a bank account, you can simply turn it into a Totten trust by signing a form that your bank provides that designates the beneficiaries that you wish to receive the contents of the account. Totten trusts avoid probate and are very efficient at transferring property to your beneficiaries. In addition, Totten trusts can often be set up to pass securities (stocks and bonds) as well as bank accounts.
youtube
Trusts have been used to minimize federal estate taxes while providing security to a surviving spouse. One strategy to do this is to create a trust and write the wills of both spouses so that their assets pour over into the trust when the first spouse dies. In other words, the assets are willed to the trust rather than to the surviving spouse. The surviving spouse then gets the income from the trust and has limited rights to the principal, but the property in the trust is not in the surviving spouse’s estate. This is one way to have the first to die spouse’s assets pass through estate settlement and be charged estate settlement costs only once instead of twice if passed from the first to die to the survivor. This strategy no longer reduces federal estate taxes due to the portability of the federal estate tax exclusion, but it still reduces other estate settlement costs. A new provision in the federal estate tax law might reduce the use of trusts in estate planning.
Another very effective use of trusts is to make the trust the owner and beneficiary of life insurance. This might reduce estate settlement costs since the proceeds are not subject to federal estate taxes (in certain cases), appraisal, probate costs, or attorney fees (in certain cases). To minimize estate taxes yet provide for a surviving spouse, a trust might be utilized. However, if a trust is used to avoid probate, it should be done in the appropriate situations and for the correct reasons. One appropriate reason for living trusts is privacy. When an estate is settled, property being transferred, along with its appraised value, is often listed in the newspaper and at the county courthouse. However, if the property has already been transferred to a trust, it is not owned by the deceased at the time of death; therefore, it is not listed in the newspaper or at the courthouse. Living trusts are only one of several ways to avoid probate. Other methods include joint ownership of real property with rights of survivorship (JTRS), owning property such as retirement accounts with named beneficiaries, having payable on death (POD) accounts, giving before death, and owning life insurance policies with a named beneficiary. Probate might also be avoided by using a transfer on death (TOD) designation for stocks, bonds, other securities, real estate, and automobiles. Unfortunately, the laws of Ohio are not uniform as to each of these asset categories. For example, with any security, you can specify that if the intended beneficiary predeceases you, the predeceased beneficiary’s share will pass to the beneficiary’s lineal descendants, per stripes. However, with real estate, you have to specifically name the contingent beneficiaries. Accordingly, if one of your children has another child after you set up the deed, you will need to prepare a new deed to reflect a new contingent beneficiary. If these limitations are not of concern, you should be able to avoid probate for all titled assets without going to the expense of a trust.
youtube
Typical probate fees are estimated to be between $150 and $400. Probate fees are negligible, so avoiding probate to avoid probate fees might not be appropriate. Executor fees are another settlement cost. An executor in the probate process performs functions similar to those of a trustee for a trust. In general, the more time spent and the more management required of a trustee, the higher the fees (assuming the fees are accepted). Assuming that a family member is the executor or trustee, the fees are not a concern. However, trustee fees might be higher if a bank or trust company performs the function. Avoiding probate to avoid executor fees is not advantageous since trustee fees might be as much as or higher than executor fees. An appraisal is needed if tax forms have to be filed. An appraisal might be necessary when assets are placed into a living irrevocable trust, as gift tax forms might need to be filed. So the appraisal fee is often incurred even if probate is avoided with a trust instrument. Attorney fees are often a large portion of estate settlement costs. However, attorney fees will be charged when property is passed on to others through the probate process or through a trust. Also, to settle an estate, some attorneys charge by the hour. Others base their fees on a percentage of probate property only, and some base their fees on both probate and non-probate property. Although the percentage charged for non-probate property is generally lower than the percentage charged for probate property, one cannot automatically assume that non-probate property will not be included in the attorney fee calculation. Attorneys also charge to create and dissolve trusts. Property must be retitled into the trust when it is put in, and it must be retitled out of the trust when the trust is dissolved. Retitling might or might not be included in the fee charged by the attorney who created the trust. Therefore, attorney fees might not be reduced when avoiding probate by the use of a living trust. If you are considering a living trust to save attorney fees, consider the total cost of creating and dissolving the trust. In general, with a living trust, you pay attorney fees up front, but you also pay after death to dissolve the trust. If assets are handled by probate, the court oversees their retitling and transferring. If assets are put into a trust, an attorney has to do their retitling and transferring when the trust is dissolved.
Steps to an Estate Plan
A checklist to help you take care of your family by making a will, power of attorney, living will, funeral arrangements, and more. Here is a simple list of the most important estate planning issues to consider.
• Make a will: In a will, you state who you want to inherit your property and name a guardian to care for your young children should something happen to you and the other parent.
• Consider a trust: If you hold your property in a living trust, your survivors won’t have to go through probate court, a time-consuming and expensive process.
youtube
• Make health care directives: Writing out your wishes for health care can protect you if you become unable to make medical decisions for yourself. Health care directives include a health care declaration (“living will”) and a power of attorney for health care, which gives someone you choose the power to make decisions if you can’t. (In some states, these documents are combined into one, called an advance health care directive.)
• Make a financial power of attorney: With a durable power of attorney for finances, you can give a trusted person authority to handle your finances and property if you become incapacitated and unable to handle your own affairs. The person you name to handle your finances is called your agent or attorney-in-fact (but doesn’t have to be an attorney).
• Protect your children’s property: You should name an adult to manage any money and property your minor children may inherit from you. This can be the same person as the personal guardian you name in your will.
• File beneficiary forms: Naming a beneficiary for bank accounts and retirement plans makes the account automatically “payable on death” to your beneficiary and allows the funds to skip the probate process. Likewise, in almost all states, you can register your stocks, bonds, or brokerage accounts to transfer to your beneficiary upon your death.
• Consider life insurance: If you have young children or own a house, or you may owe significant debts or estate tax when you die, life insurance may be a good idea.
• Understand estate taxes: Most estates more than 99.7% won’t owe federal estate taxes. For deaths in 2017, the federal government will impose estate tax at your death only if your taxable estate is worth more than $5.49 million. (This exemption amount rises each year to adjust for inflation.) Also, married couples can transfer up to twice the exempt amount tax-free, and all assets left to a spouse (as long as the spouse is a U.S. citizen) or tax-exempt charity is exempt from the tax.
• Cover funeral expenses: Rather than a funeral prepayment plan, which may be unreliable, you can set up a payable-on-death account at your bank and deposit funds into it to pay for your funeral and related expenses.
• Make final arrangements: Make your end-of-life wishes known regarding organ and body donation and disposition of your body burial or cremation.
• Protect your business: If you’re the sole owner of a business, you should have a succession plan. If you own a business with others, you should have a buyout agreement.
• Store your documents: Your attorney-in-fact and/or your executor (the person you choose in your will to administer your property after you die) may need access to the following documents:
Will
Trusts
insurance policies
real estate deeds
certificates for stocks, bonds, annuities
information on bank accounts, mutual funds, and safe deposit boxes
information on retirement plans, 401(k) accounts, or IRAs
information on debts: credit cards, mortgages and loans, utilities, and unpaid taxes
Information on funeral prepayment plans, and any final arrangements instructions you have made.
The Importance of Estate Planning
Many people believe that having an estate plan simply means drafting a will or a trust. However, there is much more to include in your estate planning to make certain all of your assets are transferred seamlessly to your heirs upon your death. A successful estate plan also includes provisions allowing your family members to access or control your assets should you become unable to do so yourself.
youtube
Here is a list of items every estate plan should include:
Will/trust
Durable power of attorney
Beneficiary designations
Letter of intent
Healthcare power of attorney
Guardianship designations
In addition to these six documents and designations, a well-laid estate plan also should consider the purchase of insurance products such as long-term care insurance to cover old age, a lifetime annuity to generate some level of income until death, and life insurance to pass money to beneficiaries without the need for probate.
Get Legal Help Finding the Right Estate Plan for You
Probate laws are some of the oldest on the books. While the terminology and concepts may seem archaic, the good news is that you don’t have to figure this all out on your own. There are estates planning attorneys who can help you map out your estate plan and draft important documents. Get started on planning your estate by contacting an experienced estate planning lawyer.
Free Consultation with a Utah Estate Lawyer
If you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
How Soon Must A Probate Be Filed?
Child Support Payments
Military Divorce Attorney
Out Of State Child Support
ATV Accident Lawyer Park City Utah
What Happens If I Can’t Get A Loan Modification?
Source: https://www.ascentlawfirm.com/good-resources-on-estate-planning-trusts/
0 notes
Text
Good Resources On Estate Planning Trusts
Trusts can be effective tools for assisting and making life easier for a surviving spouse. They can also be used as part of a strategy to reduce estate settlement costs. People might do an excellent job of managing their assets when they are active and alert, but when their health fails, they might wish to assign the management of their assets to a trustee through a trust instrument. If the estate of the first to die is large and will flow directly to the surviving spouse, especially if the surviving spouse is elderly and inexperienced in investing and managing assets, a trust might be the most desirable method of meeting the surviving spouse’s and children’s present and future interests. A trust is a legal relationship. Unlike a corporation, a trust is not considered to exist as an entity separate from the people that own it and control it. A trust is created when it is signed, or it can be created orally. It can be funded anytime. In a trust, assets are entrusted to a trustee who holds legal title and manages the assets until they are distributed to the eventual beneficiary. The terms of the trust describe how income from the assets and principal are to be distributed and managed. The trustee can be a bank, a trust company, another professional, or one or more family members (spouse, son, daughter, or self).
youtube
Usually the trustee is someone trusted by the trust creator (the settler or grantor). The trustee should be capable of managing the assets entrusted to him or her by the creator, until the assets are distributed to the benefactors. Beneficiaries can receive income from a trust during the trust’s existence, and/or receive assets when the trust is dissolved. When a trust is set up by spouses, the surviving spouse usually receives the income from the assets that are in the trust; assets then go to the children when the trust is dissolved. When a trust is created, the creator determines the conditions under which the trust will be dissolved. In the case of creating a trust with a child as the beneficiary, some creators wish the trust to be dissolved when the child is capable of wisely spending or investing his or her inheritance. A trust can also be dissolved when the surviving spouse dies. In both instances, the benefactors can receive income from the assets in the trust, and have limited access to the principal, if needed, before the trust is dissolved.
If assets are to be transferred to a trustee, titled assets (cars, trucks, stocks, bonds, real estate, savings/checking accounts, certificates of deposit, insurance policies, retirement accounts, etc.) should be retitled, as titles need to be changed with each respective titling agency. Some banks will institute an early withdrawal penalty if the title of a certificate of deposit is changed before the certificate matures. Assets without titles need to be signed over to the trust. Then, at the termination of the trust, assets need to be retitled and transferred back to beneficiaries. In regards to transferring assets, the same processes that happen through probate occur with a trust. Transferring property through a trust rather than through probate is not necessarily simpler and might or might not allow the heirs to receive a larger portion of the inheritance, but the trust process is usually quicker. However, transfer of property through a trust is more private, as there is no listing of assets and value of assets in the probate court or newspaper. Because the trust is a legal relationship not separate from the people that own and control it, assets transferred to a trust need to be put into the name of the trustee, not into the name of the trust. Transfers of title into the name of the trust might be a void transfer.
youtube
Types of Trusts
Assets can be transferred into a trust directly while one is living (these trusts are known as “inter-vivo” or “living trusts”), or assets can be directed into a trust by one’s will (these are called “testamentary trusts”). Living trusts that can be changed or revoked by the settler are called “revocable,” while those that cannot be changed or revoked are called “irrevocable.”
Revocable Living Trusts
Property placed in a revocable living trust can be returned to the creator by revoking the trust. Since the creator has the power to pull the assets back, when the creator’s estate is settled, assets in a revocable living trust are inventoried, appraised, and included in and federal estate tax calculations.
Irrevocable Living Trusts
When an irrevocable living trust is created, the creator has given the assets to the trustee. The creator no longer has control over the assets, or the legal right to control them in the future, unless the creator is the trustee. Assets in an irrevocable living trust are not subject to estate taxes unless the creator is also the trustee or has retained other rights.
Totten Trust (Payable-on-Death Accounts)
This is even easier than setting up a revocable living trust. If you have a bank account, you can simply turn it into a Totten trust by signing a form that your bank provides that designates the beneficiaries that you wish to receive the contents of the account. Totten trusts avoid probate and are very efficient at transferring property to your beneficiaries. In addition, Totten trusts can often be set up to pass securities (stocks and bonds) as well as bank accounts.
youtube
Trusts have been used to minimize federal estate taxes while providing security to a surviving spouse. One strategy to do this is to create a trust and write the wills of both spouses so that their assets pour over into the trust when the first spouse dies. In other words, the assets are willed to the trust rather than to the surviving spouse. The surviving spouse then gets the income from the trust and has limited rights to the principal, but the property in the trust is not in the surviving spouse’s estate. This is one way to have the first to die spouse’s assets pass through estate settlement and be charged estate settlement costs only once instead of twice if passed from the first to die to the survivor. This strategy no longer reduces federal estate taxes due to the portability of the federal estate tax exclusion, but it still reduces other estate settlement costs. A new provision in the federal estate tax law might reduce the use of trusts in estate planning.
Another very effective use of trusts is to make the trust the owner and beneficiary of life insurance. This might reduce estate settlement costs since the proceeds are not subject to federal estate taxes (in certain cases), appraisal, probate costs, or attorney fees (in certain cases). To minimize estate taxes yet provide for a surviving spouse, a trust might be utilized. However, if a trust is used to avoid probate, it should be done in the appropriate situations and for the correct reasons. One appropriate reason for living trusts is privacy. When an estate is settled, property being transferred, along with its appraised value, is often listed in the newspaper and at the county courthouse. However, if the property has already been transferred to a trust, it is not owned by the deceased at the time of death; therefore, it is not listed in the newspaper or at the courthouse. Living trusts are only one of several ways to avoid probate. Other methods include joint ownership of real property with rights of survivorship (JTRS), owning property such as retirement accounts with named beneficiaries, having payable on death (POD) accounts, giving before death, and owning life insurance policies with a named beneficiary. Probate might also be avoided by using a transfer on death (TOD) designation for stocks, bonds, other securities, real estate, and automobiles. Unfortunately, the laws of Ohio are not uniform as to each of these asset categories. For example, with any security, you can specify that if the intended beneficiary predeceases you, the predeceased beneficiary’s share will pass to the beneficiary’s lineal descendants, per stripes. However, with real estate, you have to specifically name the contingent beneficiaries. Accordingly, if one of your children has another child after you set up the deed, you will need to prepare a new deed to reflect a new contingent beneficiary. If these limitations are not of concern, you should be able to avoid probate for all titled assets without going to the expense of a trust.
youtube
Typical probate fees are estimated to be between $150 and $400. Probate fees are negligible, so avoiding probate to avoid probate fees might not be appropriate. Executor fees are another settlement cost. An executor in the probate process performs functions similar to those of a trustee for a trust. In general, the more time spent and the more management required of a trustee, the higher the fees (assuming the fees are accepted). Assuming that a family member is the executor or trustee, the fees are not a concern. However, trustee fees might be higher if a bank or trust company performs the function. Avoiding probate to avoid executor fees is not advantageous since trustee fees might be as much as or higher than executor fees. An appraisal is needed if tax forms have to be filed. An appraisal might be necessary when assets are placed into a living irrevocable trust, as gift tax forms might need to be filed. So the appraisal fee is often incurred even if probate is avoided with a trust instrument. Attorney fees are often a large portion of estate settlement costs. However, attorney fees will be charged when property is passed on to others through the probate process or through a trust. Also, to settle an estate, some attorneys charge by the hour. Others base their fees on a percentage of probate property only, and some base their fees on both probate and non-probate property. Although the percentage charged for non-probate property is generally lower than the percentage charged for probate property, one cannot automatically assume that non-probate property will not be included in the attorney fee calculation. Attorneys also charge to create and dissolve trusts. Property must be retitled into the trust when it is put in, and it must be retitled out of the trust when the trust is dissolved. Retitling might or might not be included in the fee charged by the attorney who created the trust. Therefore, attorney fees might not be reduced when avoiding probate by the use of a living trust. If you are considering a living trust to save attorney fees, consider the total cost of creating and dissolving the trust. In general, with a living trust, you pay attorney fees up front, but you also pay after death to dissolve the trust. If assets are handled by probate, the court oversees their retitling and transferring. If assets are put into a trust, an attorney has to do their retitling and transferring when the trust is dissolved.
Steps to an Estate Plan
A checklist to help you take care of your family by making a will, power of attorney, living will, funeral arrangements, and more. Here is a simple list of the most important estate planning issues to consider.
• Make a will: In a will, you state who you want to inherit your property and name a guardian to care for your young children should something happen to you and the other parent.
• Consider a trust: If you hold your property in a living trust, your survivors won’t have to go through probate court, a time-consuming and expensive process.
youtube
• Make health care directives: Writing out your wishes for health care can protect you if you become unable to make medical decisions for yourself. Health care directives include a health care declaration (“living will”) and a power of attorney for health care, which gives someone you choose the power to make decisions if you can’t. (In some states, these documents are combined into one, called an advance health care directive.)
• Make a financial power of attorney: With a durable power of attorney for finances, you can give a trusted person authority to handle your finances and property if you become incapacitated and unable to handle your own affairs. The person you name to handle your finances is called your agent or attorney-in-fact (but doesn’t have to be an attorney).
• Protect your children’s property: You should name an adult to manage any money and property your minor children may inherit from you. This can be the same person as the personal guardian you name in your will.
• File beneficiary forms: Naming a beneficiary for bank accounts and retirement plans makes the account automatically “payable on death” to your beneficiary and allows the funds to skip the probate process. Likewise, in almost all states, you can register your stocks, bonds, or brokerage accounts to transfer to your beneficiary upon your death.
• Consider life insurance: If you have young children or own a house, or you may owe significant debts or estate tax when you die, life insurance may be a good idea.
• Understand estate taxes: Most estates more than 99.7% won’t owe federal estate taxes. For deaths in 2017, the federal government will impose estate tax at your death only if your taxable estate is worth more than $5.49 million. (This exemption amount rises each year to adjust for inflation.) Also, married couples can transfer up to twice the exempt amount tax-free, and all assets left to a spouse (as long as the spouse is a U.S. citizen) or tax-exempt charity is exempt from the tax.
• Cover funeral expenses: Rather than a funeral prepayment plan, which may be unreliable, you can set up a payable-on-death account at your bank and deposit funds into it to pay for your funeral and related expenses.
• Make final arrangements: Make your end-of-life wishes known regarding organ and body donation and disposition of your body burial or cremation.
• Protect your business: If you’re the sole owner of a business, you should have a succession plan. If you own a business with others, you should have a buyout agreement.
• Store your documents: Your attorney-in-fact and/or your executor (the person you choose in your will to administer your property after you die) may need access to the following documents:
Will
Trusts
insurance policies
real estate deeds
certificates for stocks, bonds, annuities
information on bank accounts, mutual funds, and safe deposit boxes
information on retirement plans, 401(k) accounts, or IRAs
information on debts: credit cards, mortgages and loans, utilities, and unpaid taxes
Information on funeral prepayment plans, and any final arrangements instructions you have made.
The Importance of Estate Planning
Many people believe that having an estate plan simply means drafting a will or a trust. However, there is much more to include in your estate planning to make certain all of your assets are transferred seamlessly to your heirs upon your death. A successful estate plan also includes provisions allowing your family members to access or control your assets should you become unable to do so yourself.
youtube
Here is a list of items every estate plan should include:
Will/trust
Durable power of attorney
Beneficiary designations
Letter of intent
Healthcare power of attorney
Guardianship designations
In addition to these six documents and designations, a well-laid estate plan also should consider the purchase of insurance products such as long-term care insurance to cover old age, a lifetime annuity to generate some level of income until death, and life insurance to pass money to beneficiaries without the need for probate.
Get Legal Help Finding the Right Estate Plan for You
Probate laws are some of the oldest on the books. While the terminology and concepts may seem archaic, the good news is that you don’t have to figure this all out on your own. There are estates planning attorneys who can help you map out your estate plan and draft important documents. Get started on planning your estate by contacting an experienced estate planning lawyer.
Free Consultation with a Utah Estate Lawyer
If you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
How Soon Must A Probate Be Filed?
Child Support Payments
Military Divorce Attorney
Out Of State Child Support
ATV Accident Lawyer Park City Utah
What Happens If I Can’t Get A Loan Modification?
from Michael Anderson https://www.ascentlawfirm.com/good-resources-on-estate-planning-trusts/
from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/04/23/good-resources-on-estate-planning-trusts/
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Good Resources On Estate Planning Trusts
Trusts can be effective tools for assisting and making life easier for a surviving spouse. They can also be used as part of a strategy to reduce estate settlement costs. People might do an excellent job of managing their assets when they are active and alert, but when their health fails, they might wish to assign the management of their assets to a trustee through a trust instrument. If the estate of the first to die is large and will flow directly to the surviving spouse, especially if the surviving spouse is elderly and inexperienced in investing and managing assets, a trust might be the most desirable method of meeting the surviving spouse’s and children’s present and future interests. A trust is a legal relationship. Unlike a corporation, a trust is not considered to exist as an entity separate from the people that own it and control it. A trust is created when it is signed, or it can be created orally. It can be funded anytime. In a trust, assets are entrusted to a trustee who holds legal title and manages the assets until they are distributed to the eventual beneficiary. The terms of the trust describe how income from the assets and principal are to be distributed and managed. The trustee can be a bank, a trust company, another professional, or one or more family members (spouse, son, daughter, or self).
youtube
Usually the trustee is someone trusted by the trust creator (the settler or grantor). The trustee should be capable of managing the assets entrusted to him or her by the creator, until the assets are distributed to the benefactors. Beneficiaries can receive income from a trust during the trust’s existence, and/or receive assets when the trust is dissolved. When a trust is set up by spouses, the surviving spouse usually receives the income from the assets that are in the trust; assets then go to the children when the trust is dissolved. When a trust is created, the creator determines the conditions under which the trust will be dissolved. In the case of creating a trust with a child as the beneficiary, some creators wish the trust to be dissolved when the child is capable of wisely spending or investing his or her inheritance. A trust can also be dissolved when the surviving spouse dies. In both instances, the benefactors can receive income from the assets in the trust, and have limited access to the principal, if needed, before the trust is dissolved.
If assets are to be transferred to a trustee, titled assets (cars, trucks, stocks, bonds, real estate, savings/checking accounts, certificates of deposit, insurance policies, retirement accounts, etc.) should be retitled, as titles need to be changed with each respective titling agency. Some banks will institute an early withdrawal penalty if the title of a certificate of deposit is changed before the certificate matures. Assets without titles need to be signed over to the trust. Then, at the termination of the trust, assets need to be retitled and transferred back to beneficiaries. In regards to transferring assets, the same processes that happen through probate occur with a trust. Transferring property through a trust rather than through probate is not necessarily simpler and might or might not allow the heirs to receive a larger portion of the inheritance, but the trust process is usually quicker. However, transfer of property through a trust is more private, as there is no listing of assets and value of assets in the probate court or newspaper. Because the trust is a legal relationship not separate from the people that own and control it, assets transferred to a trust need to be put into the name of the trustee, not into the name of the trust. Transfers of title into the name of the trust might be a void transfer.
youtube
Types of Trusts
Assets can be transferred into a trust directly while one is living (these trusts are known as “inter-vivo” or “living trusts”), or assets can be directed into a trust by one’s will (these are called “testamentary trusts”). Living trusts that can be changed or revoked by the settler are called “revocable,” while those that cannot be changed or revoked are called “irrevocable.”
Revocable Living Trusts
Property placed in a revocable living trust can be returned to the creator by revoking the trust. Since the creator has the power to pull the assets back, when the creator’s estate is settled, assets in a revocable living trust are inventoried, appraised, and included in and federal estate tax calculations.
Irrevocable Living Trusts
When an irrevocable living trust is created, the creator has given the assets to the trustee. The creator no longer has control over the assets, or the legal right to control them in the future, unless the creator is the trustee. Assets in an irrevocable living trust are not subject to estate taxes unless the creator is also the trustee or has retained other rights.
Totten Trust (Payable-on-Death Accounts)
This is even easier than setting up a revocable living trust. If you have a bank account, you can simply turn it into a Totten trust by signing a form that your bank provides that designates the beneficiaries that you wish to receive the contents of the account. Totten trusts avoid probate and are very efficient at transferring property to your beneficiaries. In addition, Totten trusts can often be set up to pass securities (stocks and bonds) as well as bank accounts.
youtube
Trusts have been used to minimize federal estate taxes while providing security to a surviving spouse. One strategy to do this is to create a trust and write the wills of both spouses so that their assets pour over into the trust when the first spouse dies. In other words, the assets are willed to the trust rather than to the surviving spouse. The surviving spouse then gets the income from the trust and has limited rights to the principal, but the property in the trust is not in the surviving spouse’s estate. This is one way to have the first to die spouse’s assets pass through estate settlement and be charged estate settlement costs only once instead of twice if passed from the first to die to the survivor. This strategy no longer reduces federal estate taxes due to the portability of the federal estate tax exclusion, but it still reduces other estate settlement costs. A new provision in the federal estate tax law might reduce the use of trusts in estate planning.
Another very effective use of trusts is to make the trust the owner and beneficiary of life insurance. This might reduce estate settlement costs since the proceeds are not subject to federal estate taxes (in certain cases), appraisal, probate costs, or attorney fees (in certain cases). To minimize estate taxes yet provide for a surviving spouse, a trust might be utilized. However, if a trust is used to avoid probate, it should be done in the appropriate situations and for the correct reasons. One appropriate reason for living trusts is privacy. When an estate is settled, property being transferred, along with its appraised value, is often listed in the newspaper and at the county courthouse. However, if the property has already been transferred to a trust, it is not owned by the deceased at the time of death; therefore, it is not listed in the newspaper or at the courthouse. Living trusts are only one of several ways to avoid probate. Other methods include joint ownership of real property with rights of survivorship (JTRS), owning property such as retirement accounts with named beneficiaries, having payable on death (POD) accounts, giving before death, and owning life insurance policies with a named beneficiary. Probate might also be avoided by using a transfer on death (TOD) designation for stocks, bonds, other securities, real estate, and automobiles. Unfortunately, the laws of Ohio are not uniform as to each of these asset categories. For example, with any security, you can specify that if the intended beneficiary predeceases you, the predeceased beneficiary’s share will pass to the beneficiary’s lineal descendants, per stripes. However, with real estate, you have to specifically name the contingent beneficiaries. Accordingly, if one of your children has another child after you set up the deed, you will need to prepare a new deed to reflect a new contingent beneficiary. If these limitations are not of concern, you should be able to avoid probate for all titled assets without going to the expense of a trust.
youtube
Typical probate fees are estimated to be between $150 and $400. Probate fees are negligible, so avoiding probate to avoid probate fees might not be appropriate. Executor fees are another settlement cost. An executor in the probate process performs functions similar to those of a trustee for a trust. In general, the more time spent and the more management required of a trustee, the higher the fees (assuming the fees are accepted). Assuming that a family member is the executor or trustee, the fees are not a concern. However, trustee fees might be higher if a bank or trust company performs the function. Avoiding probate to avoid executor fees is not advantageous since trustee fees might be as much as or higher than executor fees. An appraisal is needed if tax forms have to be filed. An appraisal might be necessary when assets are placed into a living irrevocable trust, as gift tax forms might need to be filed. So the appraisal fee is often incurred even if probate is avoided with a trust instrument. Attorney fees are often a large portion of estate settlement costs. However, attorney fees will be charged when property is passed on to others through the probate process or through a trust. Also, to settle an estate, some attorneys charge by the hour. Others base their fees on a percentage of probate property only, and some base their fees on both probate and non-probate property. Although the percentage charged for non-probate property is generally lower than the percentage charged for probate property, one cannot automatically assume that non-probate property will not be included in the attorney fee calculation. Attorneys also charge to create and dissolve trusts. Property must be retitled into the trust when it is put in, and it must be retitled out of the trust when the trust is dissolved. Retitling might or might not be included in the fee charged by the attorney who created the trust. Therefore, attorney fees might not be reduced when avoiding probate by the use of a living trust. If you are considering a living trust to save attorney fees, consider the total cost of creating and dissolving the trust. In general, with a living trust, you pay attorney fees up front, but you also pay after death to dissolve the trust. If assets are handled by probate, the court oversees their retitling and transferring. If assets are put into a trust, an attorney has to do their retitling and transferring when the trust is dissolved.
Steps to an Estate Plan
A checklist to help you take care of your family by making a will, power of attorney, living will, funeral arrangements, and more. Here is a simple list of the most important estate planning issues to consider.
• Make a will: In a will, you state who you want to inherit your property and name a guardian to care for your young children should something happen to you and the other parent.
• Consider a trust: If you hold your property in a living trust, your survivors won’t have to go through probate court, a time-consuming and expensive process.
youtube
• Make health care directives: Writing out your wishes for health care can protect you if you become unable to make medical decisions for yourself. Health care directives include a health care declaration (“living will”) and a power of attorney for health care, which gives someone you choose the power to make decisions if you can’t. (In some states, these documents are combined into one, called an advance health care directive.)
• Make a financial power of attorney: With a durable power of attorney for finances, you can give a trusted person authority to handle your finances and property if you become incapacitated and unable to handle your own affairs. The person you name to handle your finances is called your agent or attorney-in-fact (but doesn’t have to be an attorney).
• Protect your children’s property: You should name an adult to manage any money and property your minor children may inherit from you. This can be the same person as the personal guardian you name in your will.
• File beneficiary forms: Naming a beneficiary for bank accounts and retirement plans makes the account automatically “payable on death” to your beneficiary and allows the funds to skip the probate process. Likewise, in almost all states, you can register your stocks, bonds, or brokerage accounts to transfer to your beneficiary upon your death.
• Consider life insurance: If you have young children or own a house, or you may owe significant debts or estate tax when you die, life insurance may be a good idea.
• Understand estate taxes: Most estates more than 99.7% won’t owe federal estate taxes. For deaths in 2017, the federal government will impose estate tax at your death only if your taxable estate is worth more than $5.49 million. (This exemption amount rises each year to adjust for inflation.) Also, married couples can transfer up to twice the exempt amount tax-free, and all assets left to a spouse (as long as the spouse is a U.S. citizen) or tax-exempt charity is exempt from the tax.
• Cover funeral expenses: Rather than a funeral prepayment plan, which may be unreliable, you can set up a payable-on-death account at your bank and deposit funds into it to pay for your funeral and related expenses.
• Make final arrangements: Make your end-of-life wishes known regarding organ and body donation and disposition of your body burial or cremation.
• Protect your business: If you’re the sole owner of a business, you should have a succession plan. If you own a business with others, you should have a buyout agreement.
• Store your documents: Your attorney-in-fact and/or your executor (the person you choose in your will to administer your property after you die) may need access to the following documents:
Will
Trusts
insurance policies
real estate deeds
certificates for stocks, bonds, annuities
information on bank accounts, mutual funds, and safe deposit boxes
information on retirement plans, 401(k) accounts, or IRAs
information on debts: credit cards, mortgages and loans, utilities, and unpaid taxes
Information on funeral prepayment plans, and any final arrangements instructions you have made.
The Importance of Estate Planning
Many people believe that having an estate plan simply means drafting a will or a trust. However, there is much more to include in your estate planning to make certain all of your assets are transferred seamlessly to your heirs upon your death. A successful estate plan also includes provisions allowing your family members to access or control your assets should you become unable to do so yourself.
youtube
Here is a list of items every estate plan should include:
Will/trust
Durable power of attorney
Beneficiary designations
Letter of intent
Healthcare power of attorney
Guardianship designations
In addition to these six documents and designations, a well-laid estate plan also should consider the purchase of insurance products such as long-term care insurance to cover old age, a lifetime annuity to generate some level of income until death, and life insurance to pass money to beneficiaries without the need for probate.
Get Legal Help Finding the Right Estate Plan for You
Probate laws are some of the oldest on the books. While the terminology and concepts may seem archaic, the good news is that you don’t have to figure this all out on your own. There are estates planning attorneys who can help you map out your estate plan and draft important documents. Get started on planning your estate by contacting an experienced estate planning lawyer.
Free Consultation with a Utah Estate Lawyer
If you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
How Soon Must A Probate Be Filed?
Child Support Payments
Military Divorce Attorney
Out Of State Child Support
ATV Accident Lawyer Park City Utah
What Happens If I Can’t Get A Loan Modification?
Source: https://www.ascentlawfirm.com/good-resources-on-estate-planning-trusts/
0 notes
Text
Good Resources On Estate Planning Trusts
Trusts can be effective tools for assisting and making life easier for a surviving spouse. They can also be used as part of a strategy to reduce estate settlement costs. People might do an excellent job of managing their assets when they are active and alert, but when their health fails, they might wish to assign the management of their assets to a trustee through a trust instrument. If the estate of the first to die is large and will flow directly to the surviving spouse, especially if the surviving spouse is elderly and inexperienced in investing and managing assets, a trust might be the most desirable method of meeting the surviving spouse’s and children’s present and future interests. A trust is a legal relationship. Unlike a corporation, a trust is not considered to exist as an entity separate from the people that own it and control it. A trust is created when it is signed, or it can be created orally. It can be funded anytime. In a trust, assets are entrusted to a trustee who holds legal title and manages the assets until they are distributed to the eventual beneficiary. The terms of the trust describe how income from the assets and principal are to be distributed and managed. The trustee can be a bank, a trust company, another professional, or one or more family members (spouse, son, daughter, or self).
youtube
Usually the trustee is someone trusted by the trust creator (the settler or grantor). The trustee should be capable of managing the assets entrusted to him or her by the creator, until the assets are distributed to the benefactors. Beneficiaries can receive income from a trust during the trust’s existence, and/or receive assets when the trust is dissolved. When a trust is set up by spouses, the surviving spouse usually receives the income from the assets that are in the trust; assets then go to the children when the trust is dissolved. When a trust is created, the creator determines the conditions under which the trust will be dissolved. In the case of creating a trust with a child as the beneficiary, some creators wish the trust to be dissolved when the child is capable of wisely spending or investing his or her inheritance. A trust can also be dissolved when the surviving spouse dies. In both instances, the benefactors can receive income from the assets in the trust, and have limited access to the principal, if needed, before the trust is dissolved.
If assets are to be transferred to a trustee, titled assets (cars, trucks, stocks, bonds, real estate, savings/checking accounts, certificates of deposit, insurance policies, retirement accounts, etc.) should be retitled, as titles need to be changed with each respective titling agency. Some banks will institute an early withdrawal penalty if the title of a certificate of deposit is changed before the certificate matures. Assets without titles need to be signed over to the trust. Then, at the termination of the trust, assets need to be retitled and transferred back to beneficiaries. In regards to transferring assets, the same processes that happen through probate occur with a trust. Transferring property through a trust rather than through probate is not necessarily simpler and might or might not allow the heirs to receive a larger portion of the inheritance, but the trust process is usually quicker. However, transfer of property through a trust is more private, as there is no listing of assets and value of assets in the probate court or newspaper. Because the trust is a legal relationship not separate from the people that own and control it, assets transferred to a trust need to be put into the name of the trustee, not into the name of the trust. Transfers of title into the name of the trust might be a void transfer.
youtube
Types of Trusts
Assets can be transferred into a trust directly while one is living (these trusts are known as “inter-vivo” or “living trusts”), or assets can be directed into a trust by one’s will (these are called “testamentary trusts”). Living trusts that can be changed or revoked by the settler are called “revocable,” while those that cannot be changed or revoked are called “irrevocable.”
Revocable Living Trusts
Property placed in a revocable living trust can be returned to the creator by revoking the trust. Since the creator has the power to pull the assets back, when the creator’s estate is settled, assets in a revocable living trust are inventoried, appraised, and included in and federal estate tax calculations.
Irrevocable Living Trusts
When an irrevocable living trust is created, the creator has given the assets to the trustee. The creator no longer has control over the assets, or the legal right to control them in the future, unless the creator is the trustee. Assets in an irrevocable living trust are not subject to estate taxes unless the creator is also the trustee or has retained other rights.
Totten Trust (Payable-on-Death Accounts)
This is even easier than setting up a revocable living trust. If you have a bank account, you can simply turn it into a Totten trust by signing a form that your bank provides that designates the beneficiaries that you wish to receive the contents of the account. Totten trusts avoid probate and are very efficient at transferring property to your beneficiaries. In addition, Totten trusts can often be set up to pass securities (stocks and bonds) as well as bank accounts.
youtube
Trusts have been used to minimize federal estate taxes while providing security to a surviving spouse. One strategy to do this is to create a trust and write the wills of both spouses so that their assets pour over into the trust when the first spouse dies. In other words, the assets are willed to the trust rather than to the surviving spouse. The surviving spouse then gets the income from the trust and has limited rights to the principal, but the property in the trust is not in the surviving spouse’s estate. This is one way to have the first to die spouse’s assets pass through estate settlement and be charged estate settlement costs only once instead of twice if passed from the first to die to the survivor. This strategy no longer reduces federal estate taxes due to the portability of the federal estate tax exclusion, but it still reduces other estate settlement costs. A new provision in the federal estate tax law might reduce the use of trusts in estate planning.
Another very effective use of trusts is to make the trust the owner and beneficiary of life insurance. This might reduce estate settlement costs since the proceeds are not subject to federal estate taxes (in certain cases), appraisal, probate costs, or attorney fees (in certain cases). To minimize estate taxes yet provide for a surviving spouse, a trust might be utilized. However, if a trust is used to avoid probate, it should be done in the appropriate situations and for the correct reasons. One appropriate reason for living trusts is privacy. When an estate is settled, property being transferred, along with its appraised value, is often listed in the newspaper and at the county courthouse. However, if the property has already been transferred to a trust, it is not owned by the deceased at the time of death; therefore, it is not listed in the newspaper or at the courthouse. Living trusts are only one of several ways to avoid probate. Other methods include joint ownership of real property with rights of survivorship (JTRS), owning property such as retirement accounts with named beneficiaries, having payable on death (POD) accounts, giving before death, and owning life insurance policies with a named beneficiary. Probate might also be avoided by using a transfer on death (TOD) designation for stocks, bonds, other securities, real estate, and automobiles. Unfortunately, the laws of Ohio are not uniform as to each of these asset categories. For example, with any security, you can specify that if the intended beneficiary predeceases you, the predeceased beneficiary’s share will pass to the beneficiary’s lineal descendants, per stripes. However, with real estate, you have to specifically name the contingent beneficiaries. Accordingly, if one of your children has another child after you set up the deed, you will need to prepare a new deed to reflect a new contingent beneficiary. If these limitations are not of concern, you should be able to avoid probate for all titled assets without going to the expense of a trust.
youtube
Typical probate fees are estimated to be between $150 and $400. Probate fees are negligible, so avoiding probate to avoid probate fees might not be appropriate. Executor fees are another settlement cost. An executor in the probate process performs functions similar to those of a trustee for a trust. In general, the more time spent and the more management required of a trustee, the higher the fees (assuming the fees are accepted). Assuming that a family member is the executor or trustee, the fees are not a concern. However, trustee fees might be higher if a bank or trust company performs the function. Avoiding probate to avoid executor fees is not advantageous since trustee fees might be as much as or higher than executor fees. An appraisal is needed if tax forms have to be filed. An appraisal might be necessary when assets are placed into a living irrevocable trust, as gift tax forms might need to be filed. So the appraisal fee is often incurred even if probate is avoided with a trust instrument. Attorney fees are often a large portion of estate settlement costs. However, attorney fees will be charged when property is passed on to others through the probate process or through a trust. Also, to settle an estate, some attorneys charge by the hour. Others base their fees on a percentage of probate property only, and some base their fees on both probate and non-probate property. Although the percentage charged for non-probate property is generally lower than the percentage charged for probate property, one cannot automatically assume that non-probate property will not be included in the attorney fee calculation. Attorneys also charge to create and dissolve trusts. Property must be retitled into the trust when it is put in, and it must be retitled out of the trust when the trust is dissolved. Retitling might or might not be included in the fee charged by the attorney who created the trust. Therefore, attorney fees might not be reduced when avoiding probate by the use of a living trust. If you are considering a living trust to save attorney fees, consider the total cost of creating and dissolving the trust. In general, with a living trust, you pay attorney fees up front, but you also pay after death to dissolve the trust. If assets are handled by probate, the court oversees their retitling and transferring. If assets are put into a trust, an attorney has to do their retitling and transferring when the trust is dissolved.
Steps to an Estate Plan
A checklist to help you take care of your family by making a will, power of attorney, living will, funeral arrangements, and more. Here is a simple list of the most important estate planning issues to consider.
• Make a will: In a will, you state who you want to inherit your property and name a guardian to care for your young children should something happen to you and the other parent.
• Consider a trust: If you hold your property in a living trust, your survivors won’t have to go through probate court, a time-consuming and expensive process.
youtube
• Make health care directives: Writing out your wishes for health care can protect you if you become unable to make medical decisions for yourself. Health care directives include a health care declaration (“living will”) and a power of attorney for health care, which gives someone you choose the power to make decisions if you can’t. (In some states, these documents are combined into one, called an advance health care directive.)
• Make a financial power of attorney: With a durable power of attorney for finances, you can give a trusted person authority to handle your finances and property if you become incapacitated and unable to handle your own affairs. The person you name to handle your finances is called your agent or attorney-in-fact (but doesn’t have to be an attorney).
• Protect your children’s property: You should name an adult to manage any money and property your minor children may inherit from you. This can be the same person as the personal guardian you name in your will.
• File beneficiary forms: Naming a beneficiary for bank accounts and retirement plans makes the account automatically “payable on death” to your beneficiary and allows the funds to skip the probate process. Likewise, in almost all states, you can register your stocks, bonds, or brokerage accounts to transfer to your beneficiary upon your death.
• Consider life insurance: If you have young children or own a house, or you may owe significant debts or estate tax when you die, life insurance may be a good idea.
• Understand estate taxes: Most estates more than 99.7% won’t owe federal estate taxes. For deaths in 2017, the federal government will impose estate tax at your death only if your taxable estate is worth more than $5.49 million. (This exemption amount rises each year to adjust for inflation.) Also, married couples can transfer up to twice the exempt amount tax-free, and all assets left to a spouse (as long as the spouse is a U.S. citizen) or tax-exempt charity is exempt from the tax.
• Cover funeral expenses: Rather than a funeral prepayment plan, which may be unreliable, you can set up a payable-on-death account at your bank and deposit funds into it to pay for your funeral and related expenses.
• Make final arrangements: Make your end-of-life wishes known regarding organ and body donation and disposition of your body burial or cremation.
• Protect your business: If you’re the sole owner of a business, you should have a succession plan. If you own a business with others, you should have a buyout agreement.
• Store your documents: Your attorney-in-fact and/or your executor (the person you choose in your will to administer your property after you die) may need access to the following documents:
Will
Trusts
insurance policies
real estate deeds
certificates for stocks, bonds, annuities
information on bank accounts, mutual funds, and safe deposit boxes
information on retirement plans, 401(k) accounts, or IRAs
information on debts: credit cards, mortgages and loans, utilities, and unpaid taxes
Information on funeral prepayment plans, and any final arrangements instructions you have made.
The Importance of Estate Planning
Many people believe that having an estate plan simply means drafting a will or a trust. However, there is much more to include in your estate planning to make certain all of your assets are transferred seamlessly to your heirs upon your death. A successful estate plan also includes provisions allowing your family members to access or control your assets should you become unable to do so yourself.
youtube
Here is a list of items every estate plan should include:
Will/trust
Durable power of attorney
Beneficiary designations
Letter of intent
Healthcare power of attorney
Guardianship designations
In addition to these six documents and designations, a well-laid estate plan also should consider the purchase of insurance products such as long-term care insurance to cover old age, a lifetime annuity to generate some level of income until death, and life insurance to pass money to beneficiaries without the need for probate.
Get Legal Help Finding the Right Estate Plan for You
Probate laws are some of the oldest on the books. While the terminology and concepts may seem archaic, the good news is that you don’t have to figure this all out on your own. There are estates planning attorneys who can help you map out your estate plan and draft important documents. Get started on planning your estate by contacting an experienced estate planning lawyer.
Free Consultation with a Utah Estate Lawyer
If you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
How Soon Must A Probate Be Filed?
Child Support Payments
Military Divorce Attorney
Out Of State Child Support
ATV Accident Lawyer Park City Utah
What Happens If I Can’t Get A Loan Modification?
from Michael Anderson https://www.ascentlawfirm.com/good-resources-on-estate-planning-trusts/
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Good Resources On Estate Planning Trusts
Trusts can be effective tools for assisting and making life easier for a surviving spouse. They can also be used as part of a strategy to reduce estate settlement costs. People might do an excellent job of managing their assets when they are active and alert, but when their health fails, they might wish to assign the management of their assets to a trustee through a trust instrument. If the estate of the first to die is large and will flow directly to the surviving spouse, especially if the surviving spouse is elderly and inexperienced in investing and managing assets, a trust might be the most desirable method of meeting the surviving spouse’s and children’s present and future interests. A trust is a legal relationship. Unlike a corporation, a trust is not considered to exist as an entity separate from the people that own it and control it. A trust is created when it is signed, or it can be created orally. It can be funded anytime. In a trust, assets are entrusted to a trustee who holds legal title and manages the assets until they are distributed to the eventual beneficiary. The terms of the trust describe how income from the assets and principal are to be distributed and managed. The trustee can be a bank, a trust company, another professional, or one or more family members (spouse, son, daughter, or self).
Usually the trustee is someone trusted by the trust creator (the settler or grantor). The trustee should be capable of managing the assets entrusted to him or her by the creator, until the assets are distributed to the benefactors. Beneficiaries can receive income from a trust during the trust’s existence, and/or receive assets when the trust is dissolved. When a trust is set up by spouses, the surviving spouse usually receives the income from the assets that are in the trust; assets then go to the children when the trust is dissolved. When a trust is created, the creator determines the conditions under which the trust will be dissolved. In the case of creating a trust with a child as the beneficiary, some creators wish the trust to be dissolved when the child is capable of wisely spending or investing his or her inheritance. A trust can also be dissolved when the surviving spouse dies. In both instances, the benefactors can receive income from the assets in the trust, and have limited access to the principal, if needed, before the trust is dissolved.
If assets are to be transferred to a trustee, titled assets (cars, trucks, stocks, bonds, real estate, savings/checking accounts, certificates of deposit, insurance policies, retirement accounts, etc.) should be retitled, as titles need to be changed with each respective titling agency. Some banks will institute an early withdrawal penalty if the title of a certificate of deposit is changed before the certificate matures. Assets without titles need to be signed over to the trust. Then, at the termination of the trust, assets need to be retitled and transferred back to beneficiaries. In regards to transferring assets, the same processes that happen through probate occur with a trust. Transferring property through a trust rather than through probate is not necessarily simpler and might or might not allow the heirs to receive a larger portion of the inheritance, but the trust process is usually quicker. However, transfer of property through a trust is more private, as there is no listing of assets and value of assets in the probate court or newspaper. Because the trust is a legal relationship not separate from the people that own and control it, assets transferred to a trust need to be put into the name of the trustee, not into the name of the trust. Transfers of title into the name of the trust might be a void transfer.
Types of Trusts
Assets can be transferred into a trust directly while one is living (these trusts are known as “inter-vivo” or “living trusts”), or assets can be directed into a trust by one’s will (these are called “testamentary trusts”). Living trusts that can be changed or revoked by the settler are called “revocable,” while those that cannot be changed or revoked are called “irrevocable.”
Revocable Living Trusts
Property placed in a revocable living trust can be returned to the creator by revoking the trust. Since the creator has the power to pull the assets back, when the creator’s estate is settled, assets in a revocable living trust are inventoried, appraised, and included in and federal estate tax calculations.
Irrevocable Living Trusts
When an irrevocable living trust is created, the creator has given the assets to the trustee. The creator no longer has control over the assets, or the legal right to control them in the future, unless the creator is the trustee. Assets in an irrevocable living trust are not subject to estate taxes unless the creator is also the trustee or has retained other rights.
Totten Trust (Payable-on-Death Accounts)
This is even easier than setting up a revocable living trust. If you have a bank account, you can simply turn it into a Totten trust by signing a form that your bank provides that designates the beneficiaries that you wish to receive the contents of the account. Totten trusts avoid probate and are very efficient at transferring property to your beneficiaries. In addition, Totten trusts can often be set up to pass securities (stocks and bonds) as well as bank accounts.
Trusts have been used to minimize federal estate taxes while providing security to a surviving spouse. One strategy to do this is to create a trust and write the wills of both spouses so that their assets pour over into the trust when the first spouse dies. In other words, the assets are willed to the trust rather than to the surviving spouse. The surviving spouse then gets the income from the trust and has limited rights to the principal, but the property in the trust is not in the surviving spouse’s estate. This is one way to have the first to die spouse’s assets pass through estate settlement and be charged estate settlement costs only once instead of twice if passed from the first to die to the survivor. This strategy no longer reduces federal estate taxes due to the portability of the federal estate tax exclusion, but it still reduces other estate settlement costs. A new provision in the federal estate tax law might reduce the use of trusts in estate planning.
Another very effective use of trusts is to make the trust the owner and beneficiary of life insurance. This might reduce estate settlement costs since the proceeds are not subject to federal estate taxes (in certain cases), appraisal, probate costs, or attorney fees (in certain cases). To minimize estate taxes yet provide for a surviving spouse, a trust might be utilized. However, if a trust is used to avoid probate, it should be done in the appropriate situations and for the correct reasons. One appropriate reason for living trusts is privacy. When an estate is settled, property being transferred, along with its appraised value, is often listed in the newspaper and at the county courthouse. However, if the property has already been transferred to a trust, it is not owned by the deceased at the time of death; therefore, it is not listed in the newspaper or at the courthouse. Living trusts are only one of several ways to avoid probate. Other methods include joint ownership of real property with rights of survivorship (JTRS), owning property such as retirement accounts with named beneficiaries, having payable on death (POD) accounts, giving before death, and owning life insurance policies with a named beneficiary. Probate might also be avoided by using a transfer on death (TOD) designation for stocks, bonds, other securities, real estate, and automobiles. Unfortunately, the laws of Ohio are not uniform as to each of these asset categories. For example, with any security, you can specify that if the intended beneficiary predeceases you, the predeceased beneficiary’s share will pass to the beneficiary’s lineal descendants, per stripes. However, with real estate, you have to specifically name the contingent beneficiaries. Accordingly, if one of your children has another child after you set up the deed, you will need to prepare a new deed to reflect a new contingent beneficiary. If these limitations are not of concern, you should be able to avoid probate for all titled assets without going to the expense of a trust.
Typical probate fees are estimated to be between $150 and $400. Probate fees are negligible, so avoiding probate to avoid probate fees might not be appropriate. Executor fees are another settlement cost. An executor in the probate process performs functions similar to those of a trustee for a trust. In general, the more time spent and the more management required of a trustee, the higher the fees (assuming the fees are accepted). Assuming that a family member is the executor or trustee, the fees are not a concern. However, trustee fees might be higher if a bank or trust company performs the function. Avoiding probate to avoid executor fees is not advantageous since trustee fees might be as much as or higher than executor fees. An appraisal is needed if tax forms have to be filed. An appraisal might be necessary when assets are placed into a living irrevocable trust, as gift tax forms might need to be filed. So the appraisal fee is often incurred even if probate is avoided with a trust instrument. Attorney fees are often a large portion of estate settlement costs. However, attorney fees will be charged when property is passed on to others through the probate process or through a trust. Also, to settle an estate, some attorneys charge by the hour. Others base their fees on a percentage of probate property only, and some base their fees on both probate and non-probate property. Although the percentage charged for non-probate property is generally lower than the percentage charged for probate property, one cannot automatically assume that non-probate property will not be included in the attorney fee calculation. Attorneys also charge to create and dissolve trusts. Property must be retitled into the trust when it is put in, and it must be retitled out of the trust when the trust is dissolved. Retitling might or might not be included in the fee charged by the attorney who created the trust. Therefore, attorney fees might not be reduced when avoiding probate by the use of a living trust. If you are considering a living trust to save attorney fees, consider the total cost of creating and dissolving the trust. In general, with a living trust, you pay attorney fees up front, but you also pay after death to dissolve the trust. If assets are handled by probate, the court oversees their retitling and transferring. If assets are put into a trust, an attorney has to do their retitling and transferring when the trust is dissolved.
Steps to an Estate Plan
A checklist to help you take care of your family by making a will, power of attorney, living will, funeral arrangements, and more. Here is a simple list of the most important estate planning issues to consider.
• Make a will: In a will, you state who you want to inherit your property and name a guardian to care for your young children should something happen to you and the other parent.
• Consider a trust: If you hold your property in a living trust, your survivors won’t have to go through probate court, a time-consuming and expensive process.
• Make health care directives: Writing out your wishes for health care can protect you if you become unable to make medical decisions for yourself. Health care directives include a health care declaration (“living will”) and a power of attorney for health care, which gives someone you choose the power to make decisions if you can’t. (In some states, these documents are combined into one, called an advance health care directive.)
• Make a financial power of attorney: With a durable power of attorney for finances, you can give a trusted person authority to handle your finances and property if you become incapacitated and unable to handle your own affairs. The person you name to handle your finances is called your agent or attorney-in-fact (but doesn’t have to be an attorney).
• Protect your children’s property: You should name an adult to manage any money and property your minor children may inherit from you. This can be the same person as the personal guardian you name in your will.
• File beneficiary forms: Naming a beneficiary for bank accounts and retirement plans makes the account automatically “payable on death” to your beneficiary and allows the funds to skip the probate process. Likewise, in almost all states, you can register your stocks, bonds, or brokerage accounts to transfer to your beneficiary upon your death.
• Consider life insurance: If you have young children or own a house, or you may owe significant debts or estate tax when you die, life insurance may be a good idea.
• Understand estate taxes: Most estates more than 99.7% won’t owe federal estate taxes. For deaths in 2017, the federal government will impose estate tax at your death only if your taxable estate is worth more than $5.49 million. (This exemption amount rises each year to adjust for inflation.) Also, married couples can transfer up to twice the exempt amount tax-free, and all assets left to a spouse (as long as the spouse is a U.S. citizen) or tax-exempt charity is exempt from the tax.
• Cover funeral expenses: Rather than a funeral prepayment plan, which may be unreliable, you can set up a payable-on-death account at your bank and deposit funds into it to pay for your funeral and related expenses.
• Make final arrangements: Make your end-of-life wishes known regarding organ and body donation and disposition of your body burial or cremation.
• Protect your business: If you’re the sole owner of a business, you should have a succession plan. If you own a business with others, you should have a buyout agreement.
• Store your documents: Your attorney-in-fact and/or your executor (the person you choose in your will to administer your property after you die) may need access to the following documents:
Will
Trusts
insurance policies
real estate deeds
certificates for stocks, bonds, annuities
information on bank accounts, mutual funds, and safe deposit boxes
information on retirement plans, 401(k) accounts, or IRAs
information on debts: credit cards, mortgages and loans, utilities, and unpaid taxes
Information on funeral prepayment plans, and any final arrangements instructions you have made.
The Importance of Estate Planning
Many people believe that having an estate plan simply means drafting a will or a trust. However, there is much more to include in your estate planning to make certain all of your assets are transferred seamlessly to your heirs upon your death. A successful estate plan also includes provisions allowing your family members to access or control your assets should you become unable to do so yourself.
Here is a list of items every estate plan should include:
Will/trust
Durable power of attorney
Beneficiary designations
Letter of intent
Healthcare power of attorney
Guardianship designations
In addition to these six documents and designations, a well-laid estate plan also should consider the purchase of insurance products such as long-term care insurance to cover old age, a lifetime annuity to generate some level of income until death, and life insurance to pass money to beneficiaries without the need for probate.
Get Legal Help Finding the Right Estate Plan for You
Probate laws are some of the oldest on the books. While the terminology and concepts may seem archaic, the good news is that you don’t have to figure this all out on your own. There are estates planning attorneys who can help you map out your estate plan and draft important documents. Get started on planning your estate by contacting an experienced estate planning lawyer.
Free Consultation with a Utah Estate Lawyer
If you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
How Soon Must A Probate Be Filed?
Child Support Payments
Military Divorce Attorney
Out Of State Child Support
ATV Accident Lawyer Park City Utah
What Happens If I Can’t Get A Loan Modification?
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https://www.ascentlawfirm.com/good-resources-on-estate-planning-trusts/
from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/good-resources-on-estate-planning-trusts
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Good Resources On Estate Planning Trusts
Trusts can be effective tools for assisting and making life easier for a surviving spouse. They can also be used as part of a strategy to reduce estate settlement costs. People might do an excellent job of managing their assets when they are active and alert, but when their health fails, they might wish to assign the management of their assets to a trustee through a trust instrument. If the estate of the first to die is large and will flow directly to the surviving spouse, especially if the surviving spouse is elderly and inexperienced in investing and managing assets, a trust might be the most desirable method of meeting the surviving spouse’s and children’s present and future interests. A trust is a legal relationship. Unlike a corporation, a trust is not considered to exist as an entity separate from the people that own it and control it. A trust is created when it is signed, or it can be created orally. It can be funded anytime. In a trust, assets are entrusted to a trustee who holds legal title and manages the assets until they are distributed to the eventual beneficiary. The terms of the trust describe how income from the assets and principal are to be distributed and managed. The trustee can be a bank, a trust company, another professional, or one or more family members (spouse, son, daughter, or self).
youtube
Usually the trustee is someone trusted by the trust creator (the settler or grantor). The trustee should be capable of managing the assets entrusted to him or her by the creator, until the assets are distributed to the benefactors. Beneficiaries can receive income from a trust during the trust’s existence, and/or receive assets when the trust is dissolved. When a trust is set up by spouses, the surviving spouse usually receives the income from the assets that are in the trust; assets then go to the children when the trust is dissolved. When a trust is created, the creator determines the conditions under which the trust will be dissolved. In the case of creating a trust with a child as the beneficiary, some creators wish the trust to be dissolved when the child is capable of wisely spending or investing his or her inheritance. A trust can also be dissolved when the surviving spouse dies. In both instances, the benefactors can receive income from the assets in the trust, and have limited access to the principal, if needed, before the trust is dissolved.
If assets are to be transferred to a trustee, titled assets (cars, trucks, stocks, bonds, real estate, savings/checking accounts, certificates of deposit, insurance policies, retirement accounts, etc.) should be retitled, as titles need to be changed with each respective titling agency. Some banks will institute an early withdrawal penalty if the title of a certificate of deposit is changed before the certificate matures. Assets without titles need to be signed over to the trust. Then, at the termination of the trust, assets need to be retitled and transferred back to beneficiaries. In regards to transferring assets, the same processes that happen through probate occur with a trust. Transferring property through a trust rather than through probate is not necessarily simpler and might or might not allow the heirs to receive a larger portion of the inheritance, but the trust process is usually quicker. However, transfer of property through a trust is more private, as there is no listing of assets and value of assets in the probate court or newspaper. Because the trust is a legal relationship not separate from the people that own and control it, assets transferred to a trust need to be put into the name of the trustee, not into the name of the trust. Transfers of title into the name of the trust might be a void transfer.
youtube
Types of Trusts
Assets can be transferred into a trust directly while one is living (these trusts are known as “inter-vivo” or “living trusts”), or assets can be directed into a trust by one’s will (these are called “testamentary trusts”). Living trusts that can be changed or revoked by the settler are called “revocable,” while those that cannot be changed or revoked are called “irrevocable.”
Revocable Living Trusts
Property placed in a revocable living trust can be returned to the creator by revoking the trust. Since the creator has the power to pull the assets back, when the creator’s estate is settled, assets in a revocable living trust are inventoried, appraised, and included in and federal estate tax calculations.
Irrevocable Living Trusts
When an irrevocable living trust is created, the creator has given the assets to the trustee. The creator no longer has control over the assets, or the legal right to control them in the future, unless the creator is the trustee. Assets in an irrevocable living trust are not subject to estate taxes unless the creator is also the trustee or has retained other rights.
Totten Trust (Payable-on-Death Accounts)
This is even easier than setting up a revocable living trust. If you have a bank account, you can simply turn it into a Totten trust by signing a form that your bank provides that designates the beneficiaries that you wish to receive the contents of the account. Totten trusts avoid probate and are very efficient at transferring property to your beneficiaries. In addition, Totten trusts can often be set up to pass securities (stocks and bonds) as well as bank accounts.
youtube
Trusts have been used to minimize federal estate taxes while providing security to a surviving spouse. One strategy to do this is to create a trust and write the wills of both spouses so that their assets pour over into the trust when the first spouse dies. In other words, the assets are willed to the trust rather than to the surviving spouse. The surviving spouse then gets the income from the trust and has limited rights to the principal, but the property in the trust is not in the surviving spouse’s estate. This is one way to have the first to die spouse’s assets pass through estate settlement and be charged estate settlement costs only once instead of twice if passed from the first to die to the survivor. This strategy no longer reduces federal estate taxes due to the portability of the federal estate tax exclusion, but it still reduces other estate settlement costs. A new provision in the federal estate tax law might reduce the use of trusts in estate planning.
Another very effective use of trusts is to make the trust the owner and beneficiary of life insurance. This might reduce estate settlement costs since the proceeds are not subject to federal estate taxes (in certain cases), appraisal, probate costs, or attorney fees (in certain cases). To minimize estate taxes yet provide for a surviving spouse, a trust might be utilized. However, if a trust is used to avoid probate, it should be done in the appropriate situations and for the correct reasons. One appropriate reason for living trusts is privacy. When an estate is settled, property being transferred, along with its appraised value, is often listed in the newspaper and at the county courthouse. However, if the property has already been transferred to a trust, it is not owned by the deceased at the time of death; therefore, it is not listed in the newspaper or at the courthouse. Living trusts are only one of several ways to avoid probate. Other methods include joint ownership of real property with rights of survivorship (JTRS), owning property such as retirement accounts with named beneficiaries, having payable on death (POD) accounts, giving before death, and owning life insurance policies with a named beneficiary. Probate might also be avoided by using a transfer on death (TOD) designation for stocks, bonds, other securities, real estate, and automobiles. Unfortunately, the laws of Ohio are not uniform as to each of these asset categories. For example, with any security, you can specify that if the intended beneficiary predeceases you, the predeceased beneficiary’s share will pass to the beneficiary’s lineal descendants, per stripes. However, with real estate, you have to specifically name the contingent beneficiaries. Accordingly, if one of your children has another child after you set up the deed, you will need to prepare a new deed to reflect a new contingent beneficiary. If these limitations are not of concern, you should be able to avoid probate for all titled assets without going to the expense of a trust.
youtube
Typical probate fees are estimated to be between $150 and $400. Probate fees are negligible, so avoiding probate to avoid probate fees might not be appropriate. Executor fees are another settlement cost. An executor in the probate process performs functions similar to those of a trustee for a trust. In general, the more time spent and the more management required of a trustee, the higher the fees (assuming the fees are accepted). Assuming that a family member is the executor or trustee, the fees are not a concern. However, trustee fees might be higher if a bank or trust company performs the function. Avoiding probate to avoid executor fees is not advantageous since trustee fees might be as much as or higher than executor fees. An appraisal is needed if tax forms have to be filed. An appraisal might be necessary when assets are placed into a living irrevocable trust, as gift tax forms might need to be filed. So the appraisal fee is often incurred even if probate is avoided with a trust instrument. Attorney fees are often a large portion of estate settlement costs. However, attorney fees will be charged when property is passed on to others through the probate process or through a trust. Also, to settle an estate, some attorneys charge by the hour. Others base their fees on a percentage of probate property only, and some base their fees on both probate and non-probate property. Although the percentage charged for non-probate property is generally lower than the percentage charged for probate property, one cannot automatically assume that non-probate property will not be included in the attorney fee calculation. Attorneys also charge to create and dissolve trusts. Property must be retitled into the trust when it is put in, and it must be retitled out of the trust when the trust is dissolved. Retitling might or might not be included in the fee charged by the attorney who created the trust. Therefore, attorney fees might not be reduced when avoiding probate by the use of a living trust. If you are considering a living trust to save attorney fees, consider the total cost of creating and dissolving the trust. In general, with a living trust, you pay attorney fees up front, but you also pay after death to dissolve the trust. If assets are handled by probate, the court oversees their retitling and transferring. If assets are put into a trust, an attorney has to do their retitling and transferring when the trust is dissolved.
Steps to an Estate Plan
A checklist to help you take care of your family by making a will, power of attorney, living will, funeral arrangements, and more. Here is a simple list of the most important estate planning issues to consider.
• Make a will: In a will, you state who you want to inherit your property and name a guardian to care for your young children should something happen to you and the other parent.
• Consider a trust: If you hold your property in a living trust, your survivors won’t have to go through probate court, a time-consuming and expensive process.
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• Make health care directives: Writing out your wishes for health care can protect you if you become unable to make medical decisions for yourself. Health care directives include a health care declaration (“living will”) and a power of attorney for health care, which gives someone you choose the power to make decisions if you can’t. (In some states, these documents are combined into one, called an advance health care directive.)
• Make a financial power of attorney: With a durable power of attorney for finances, you can give a trusted person authority to handle your finances and property if you become incapacitated and unable to handle your own affairs. The person you name to handle your finances is called your agent or attorney-in-fact (but doesn’t have to be an attorney).
• Protect your children’s property: You should name an adult to manage any money and property your minor children may inherit from you. This can be the same person as the personal guardian you name in your will.
• File beneficiary forms: Naming a beneficiary for bank accounts and retirement plans makes the account automatically “payable on death” to your beneficiary and allows the funds to skip the probate process. Likewise, in almost all states, you can register your stocks, bonds, or brokerage accounts to transfer to your beneficiary upon your death.
• Consider life insurance: If you have young children or own a house, or you may owe significant debts or estate tax when you die, life insurance may be a good idea.
• Understand estate taxes: Most estates more than 99.7% won’t owe federal estate taxes. For deaths in 2017, the federal government will impose estate tax at your death only if your taxable estate is worth more than $5.49 million. (This exemption amount rises each year to adjust for inflation.) Also, married couples can transfer up to twice the exempt amount tax-free, and all assets left to a spouse (as long as the spouse is a U.S. citizen) or tax-exempt charity is exempt from the tax.
• Cover funeral expenses: Rather than a funeral prepayment plan, which may be unreliable, you can set up a payable-on-death account at your bank and deposit funds into it to pay for your funeral and related expenses.
• Make final arrangements: Make your end-of-life wishes known regarding organ and body donation and disposition of your body burial or cremation.
• Protect your business: If you’re the sole owner of a business, you should have a succession plan. If you own a business with others, you should have a buyout agreement.
• Store your documents: Your attorney-in-fact and/or your executor (the person you choose in your will to administer your property after you die) may need access to the following documents:
Will
Trusts
insurance policies
real estate deeds
certificates for stocks, bonds, annuities
information on bank accounts, mutual funds, and safe deposit boxes
information on retirement plans, 401(k) accounts, or IRAs
information on debts: credit cards, mortgages and loans, utilities, and unpaid taxes
Information on funeral prepayment plans, and any final arrangements instructions you have made.
The Importance of Estate Planning
Many people believe that having an estate plan simply means drafting a will or a trust. However, there is much more to include in your estate planning to make certain all of your assets are transferred seamlessly to your heirs upon your death. A successful estate plan also includes provisions allowing your family members to access or control your assets should you become unable to do so yourself.
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Here is a list of items every estate plan should include:
Will/trust
Durable power of attorney
Beneficiary designations
Letter of intent
Healthcare power of attorney
Guardianship designations
In addition to these six documents and designations, a well-laid estate plan also should consider the purchase of insurance products such as long-term care insurance to cover old age, a lifetime annuity to generate some level of income until death, and life insurance to pass money to beneficiaries without the need for probate.
Get Legal Help Finding the Right Estate Plan for You
Probate laws are some of the oldest on the books. While the terminology and concepts may seem archaic, the good news is that you don’t have to figure this all out on your own. There are estates planning attorneys who can help you map out your estate plan and draft important documents. Get started on planning your estate by contacting an experienced estate planning lawyer.
Free Consultation with a Utah Estate Lawyer
If you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Source: https://www.ascentlawfirm.com/good-resources-on-estate-planning-trusts/
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