Tina James Law Blog

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The idea of one-size-fits-all no longer fits a world where people expect products and services tobe tailored to their individual preferences.The estate planning world, long rooted in tradition, has relied on time-tested tools such as truststo plan for what happens to a person’s money and property. However, a nontraditional variationknown as a directed trust has […]

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Congratulations! You are now legally an adult. Although you may not feel any different, from alegal standpoint, a great deal has changed.When you were a minor (under age 18), your parents were your legal guardians responsible formaking all your decisions. Now that you are an adult, their legal authority over you is limited, ifnot completely […]

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Americans are, quite literally, getting buried in debt, with nearly half expecting to pass away withoutstanding debts. 1As a general rule, a person’s debts do not go away when they die. Some types of debt, such asfederal student loans, are typically forgiven upon the debtor’s death, but private loans andcosigned accounts may still be owed […]

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Estate planning often feels complex, leading many people to rely on assumptions that can havedevastating consequences for their loved ones and their legacy. From who can make decisionsfor you to whether you need an estate plan, common myths can stand between you and asecure future. Let’s debunk these widespread misconceptions and reveal four essential truthsabout […]

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You found the love of your life, and as you have built your life together, you have likelyweathered your fair share of storms and grown stronger because of them. Now that you aremarried, you are uniquely situated to provide meaningful support for your spouse after yourpassing through special estate planning tools available only to legally […]

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Now is the perfect time to start working on an estate plan. As newlyweds, you are likely in theprocess of deciding which of your accounts and property (your assets) to combine and how toturn two households into one. You may also be setting up new bank accounts and creating aplan for paying shared bills and […]

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When thinking through their estate plan and how they want their assets (money andproperty) managed after they pass away, most parents wish to treat their children equally,often out of a sense of fairness. However, sometimes being fair or doing what is right byyour children may mean giving unequal inheritances.The Key Takeaways● Treating children fairly does […]

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What is in a name?If you are a beneficiary or a creditor of an estate, or if you are setting up an estate plan, yourname means a great deal.It is not unusual for a person to go by different names, such as the name we are given at birthand the names we choose for ourselves. […]

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As the federal estate tax exemption has ballooned from $5 million in 2011 to $13.99 milliontoday, the need for estate tax planning has drastically decreased. However, with a top marginalincome tax rate of 37 percent, the focus of estate planning has shifted to a new frontier: incometax basis planning.The Basics of Income Tax Basis In […]

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Getting married is a special time in your life; you may have a beautiful wedding, a fun reception(with a delicious cake and special gifts), and a romantic honeymoon. It is also the right time foryou and your new spouse to plan for your future—for richer or for poorer, in sickness or inhealth. Why You and […]

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You have just received your orders, and you will be deployed shortly. No matter how soon youare leaving, there is still time to ensure that your affairs are in order. While both a will and a trust play an important role in securing your loved ones’ financialfuture, there are other estate planning tools that need […]

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Will you be donating to charities this year? The Internal Revenue Service (IRS) reminds us thatyou must itemize deductions on Schedule A of your tax return to claim a deduction for charitablegifts. The following five tips can also help ensure that your charitable gifts count. Tip #1: Give to a qualified charity. Only gifts to […]

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You have likely been preparing for weeks to get your new college student off to school. It is exhilarating, and your heart may be bursting at the seams. You are probably prouder than words can express but also afraid. How can you ensure your child is safe at their new home away from home? A […]

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You regularly check the balances of your retirement, bank, and investment accounts. But when was the last time you checked the beneficiary designations on these accounts (and really, all the other accounts that allow you to name a beneficiary)?  It may have been years since you first opened an individual retirement account, bought a life […]

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A special needs trust (SNT) allows an individual to provide for a disabled beneficiary without jeopardizing the beneficiary’s eligibility for needs-based government benefits.  SNT funds can generally be used to pay for almost anything that falls outside the basic support that programs such as Supplemental Security Income (SSI) and Medicaid provide. This includes many goods, […]

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What is special needs planning? Special needs planning is a process of identifying and providing for the future care and financial security of family members or individuals with disabilities. It can involve creating or updating a will, creating a special needs trust, designating a guardian, establishing a disability income plan, and more. When do you […]

Grandparents hugging grandchildren | Protecting your special needs child

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Estate administration is the legal process of managing someone’s financial and legal affairs after they die. This can include tasks such as paying debts, distributing assets, and transferring of the deceased person’s property. The person responsible for handling these matters is called the executor or administrator. If the deceased had a will, the estate administrator […]

Two lawyers smiling | Estate Planning

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Small businesses are the backbone of our economy. They create jobs, spur innovation and drive growth. But running a small business is not without its challenges for business owners. From complying with regulations to managing finances, legal issues are always lurking in the background. That’s why it’s so important for small businesses to have a […]

Woman sitting at desk looking at phone | Small Business Attorney Services

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What is special education law? Special education law is a branch of educational law that deals with the rights of students with disabilities to receive a free and appropriate education. This includes the right to an Individualized Education Program (IEP) and access to related services, such as special education, speech therapy, and occupational therapy. What […]

Classroom of children | Special Education Law

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What is elder law? Elder law is a branch of law that deals with the unique legal needs of older adults. It can include everything from estate planning and asset protection to long-term care planning and government benefits. What does an elder law lawyer do? An elder law attorney can help you with a wide […]

Old couple walking | Do I need an elder law lawyer?

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What is a guardianship lawyer? A guardianship lawyer is an attorney who represents individuals or organizations in proceedings for a legal guardianship process. Guardianship attorneys may also be appointed by a court to represent individuals. Guardianship lawyers can help you navigate the legal process and ensure that your rights are protected. Do I need a […]

Woman pondering | Do I need a guardianship lawyer?

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In fact, it’s more important than ever to have a plan in place, especially if you have people relying on you. Working with estate planning professionals in order to have all of your estate taxes and estate distribution covered during the probate process is a great way to ensure that your affairs are in order, […]

Gavel on Marble Background | Plan your estate today!

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When you find yourself needing legal representation, it can be sudden and unexpected. You may not have the money to pay a lawyer, especially when your situation is very complicated. In such times, you might wonder if you should still hire a lawyer for their services. Do I really need a lawyer or can I […]

Gavel | What to do when you can't afford a lawyer