Asset Protection, Trusts and Wills

OUR GOAL—YOUR Complete Satisfaction and Understanding
Our goal is to provide each of our clients with as much information as possible about Asset Protection, Trusts and Wills. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of Asset Protection, Trusts and Wills at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you. What do some of these terms mean? Click here for a Glossary. For answers to Frequently Asked Questions (FAQs) about Asset Protection, Trusts and Wills. Click here for FAQs.

Irrevocable Life Insurance Trust

An Irrevocable Life Insurance Trust is created to own a life insurance policy. A properly drawn Irrevocable Life Insurance Trust keeps the proceeds out of your estate—free of estate tax—so that the entire amount of the proceeds are available for your family. When a policy is held by the Irrevocable Life Insurance Trust, the cash value and the proceeds are also protected from potential lawsuits and claims. A portion of family savings can be transferred to the Irrevocable Life Insurance Trust each year and that amount can be used to pay policy premiums. Amounts invested in the policy are permitted by favorable tax laws to accumulate free of income tax. In this manner, large amounts of value can be built up over a period of years. Let us help you like we’ve helped others by formulating an estate plan and providing you with peace of mind by drafting an Irrevocable Life Insurance Trust.

Memorandum of Irrevocable Life Insurance Trust
A Memorandum of Irrevocable Life Insurance Trust avoids disclosure and maintains confidentiality of the entirety of the trust instrument. This is useful for the transfer of property to the trust. Let us draft the Memorandum of Trust for you.

Certificate of Irrevocable Life Insurance Trust
A Certificate of Irrevocable Life Insurance Trust avoids disclosure and maintains confidentiality of the entirety of the trust instrument. This is useful for the transfer of property to the trust. In addition, the Certificate of Trust includes an attorney attestation to certify the existence of the trust, which acts like a legal opinion. Let us draft the Certificate of Trust for you.

Personal Power for Irrevocable Life Insurance Trust
Is there someone whom the person forming the trust has complete confidence that their discretion is deemed unquestionable? With a personal power, the person forming the trust can give the last word over one or more decisions to a particular person so they have sole and uncontrolled discretion, provided the person forming the trust clearly and unmistakably manifests his or her intention to create a personal power in a particular trustee. Let us add these powerful provisions to your trust instrument.

Videotaped Memorialization of Irrevocable Life Insurance Trust
The execution of your asset protection, trust and wills documentation will be memorialized by videotape. Such a precaution may avoid litigation when the validity of the documents and circumstances of the execution may be hotly contested by family members or other parties. All asset protection, trust and wills documentation scheduled to be executed at the offices of Spiegel & Utrera, P.A., must be videotaped. Multiple documents may be executed at the same time, but the process must be completed within a reasonable time not to exceed one hour. Protect yourself from exposure to costly litigation procedures with a videotaped memorialization for your trust.

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