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The KRASA LAW, Inc. Estate Planning Blog

Monday, March 20, 2017

The Roles, Responsibilities, and Duties of Parties to a Trust



A Trust involves three roles: (1) the Grantor (also known as the “Settlor,” “Trustor,” or “Trust-Maker”) who establishes the trust, (2) the Trustee (also known as the “Trust Manager”) who is given the responsibility to manage the assets of the trust in accordance with its instructions, and (3) the Beneficiary who receives beneficial enjoyment of the trust’s assets under provisions and circumstances as set forth in the instrument.  

With respect to a “Revocable Living Trust” which is used as a will and power of attorney substitute in basic estate planning, the same person (or married couple) will often occupy all three roles at the beginning.  The purpose of such a trust is to allow the Grantor to maintain control over the trust assets while he or she is living and has capacity, but to have a contingency plan in place in the event of the Grantor’s incapacity or death.  After such an occurrence, the roles of the Trustees and Beneficiaries will change in order to create an efficient adjustment to the new circumstances and to allow the Grantor’s intent to be carried out in a variety of circumstances.

In other situations, each role will be occupied by a different person.
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Wednesday, March 15, 2017

A General Overview of Trustee Fees


One of the first issues you must examine when closing a Trust Administraiton is how much the trustee should take in compensation.  Often the trustee will ask you for counsel in this area.  The trustee assumes a great deal of responsibility and liability and thus should be justly compensated for his or her work.  At the same time, it is important that the trustee not take a fee that is too high or that will raise questions from the beneficiaries on whether or not the fee was justified.  As a result, counseling the trustee on the proper fee is critical.
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Friday, February 17, 2017

Ephemeral or Set in Stone? The Difference between Revocable and Irrevocable Trusts



A revocable trust is a trust in which the Trust-Maker (“the Grantor”) may amend or revoke at any time.  In essence, it is a trust that is “not set in stone” and may change at the whim of the Grantor.  A revocable trust is often used as a will and power of attorney substitute.    The idea is to create a plan for the management and distribution of the Grantor’s estate in the event of incapacity and upon death.  The Grantor might include provisions in the trust that dictate a gift of a certain asset to a specified Beneficiary upon the Grantor’s death.
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Monday, February 13, 2017

Your First Estate Planning Meeting



You have made the decision to address your estate planning because you want to maintain control over your personal and financial decisions in the event of your incapacity or death.  You have found a competent estate planning attorney who is licensed to practice law in your community.  You have even taken the big step of scheduling your first appointment with your new attorney.  What should you expect at the first meeting?  Different attorneys have different approaches.  Below is a description of my typical agenda for a first estate planning meeting.


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Wednesday, February 8, 2017

Kyle A. Krasa Nominated for "Best Attorney" by Monterey County Weekly "Best of 2017"


Local estate planning attorney Kyle A. Krasa has been nominated as "Best Attorney" for the Monterey County Weekly's publication, "Best of 2017." 

"It is quite an honor to be nominated for this category," said Krasa. "I am humbled by the recognition." 

You can vote for Krasa as well as many other nominees in a variety of categories here: Read more . . .


Friday, January 6, 2017

Explaining Lawyers' Explanations



Lawyers are not known for their clear and understandable explanations of legal issues. In fact, the language most lawyers use in attempting to communicate legal concepts is often referred to as “legalese.” Merriam Webster defines “legalese” as “the language used by lawyers that is difficult for most people to understand,” or more precisely, “legal jargon.” Although legal language is important to communicate complex legal concepts and principles, such language is not easily understood by laypersons. To paraphrase Lord Byron’s Don Juan, most people wish lawyers would “explain their explanations.
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Friday, December 23, 2016

The Most Important Gift



At its core, estate planning is not something that you necessarily do for yourself.  Instead, estate planning is something that you do for the people you love.  Often the primary motivating factor for clients to engage in their estate planning is the unpleasant experience of administering a decedent’s estate that was not addressed properly.  In addition to having to grieve your loss, a poorly execute estate plan – or no estate plan at all – can leave your loved ones mired in years of unnecessary confusion, delay, expense, and frustration.  Conversely, a compressive, up-to-date, and detailed estate plan will serve as one of the best gifts you can make to those you care about.
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Friday, December 9, 2016

The Distribution Trustee: How Bifurcating Trustee Duties Can Provide Control and Protection


 
A paramount goal of estate planning is to protect and preserve your hard earned assets for your loved ones.  Most basic estate planning focuses upon specifying the beneficiaries of your choice, mitigating taxes, and providing an efficient method for the transfer of assets upon death without the unnecessary delay and expense of a formal probate.  A revocable living trust is often the best vehicle for accomplishing these goals.  However, most basic estate plans focus only on the transfer process and do not focus on providing continued protection after your beneficiaries have received their inheritances.    

To provide continued protection for your beneficiaries, you might want to consider providing an “in-trust” inheritance.
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Tuesday, November 22, 2016

Questions to Ask When Considering a Retirement Home



When I was a kid, one of the most popular sitcoms was Golden Girls.  I often watched it with my grandmother.  On a typical Saturday night in the 1980’s, my grandmother in her 70s, and I, an elementary school child, would laugh together at Rose’s St. Olaf stories, Blanche’s exploits, Dorothy’s bad luck, and Sophia’s witty yet insightful comments.  In college, a few of my friends and I agreed that when we were ready for retirement, we would get a house together and be the “Golden Boys.
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Tuesday, November 1, 2016

Stretching Across Generations


Last weekend, the Chicago Cubs won the National League Pennant for the first time since 1945.  They have an opportunity to win their first World Series since 1908.  Even though I grew up on the Monterey Peninsula, I always like the Cubbies.  Wrigley Field, with its ivy-covered brick and history, the Billy Goat Curse, and the fact that they hadn’t won in a long time appealed to me.  

Additionally, a lot of 1980’s pop culture that I consumed as a kid featured the Cubs.
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Monday, October 31, 2016

Kyle A. Krasa wins "Golden Pine Cone" Award


 

Local attorney Kyle A. Krasa was the winner of a "Golden Pine Cone" award from The Carmel Pine Cone for "Best Estate Planning Attorney." 

Each year, readers of the venerable publication vote on the best businesses and services in the area.  This was the second time that Krasa received the award.  "I know that this honor is because of my clients, my employees, my colleagues, and members of the community.
Read more . . .


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KRASA LAW assists clients with Estate Planning, Elder Law, Pet Trusts, Asset Protection, Special Needs Planning and Probate / Estate Administration in Pacific Grove, CA(93950), Monterey (93944, 93940, 93943, 93942), Salinas (93901, 93905, 93906, 93907), Hollister (95023,95023) Pebble Beach (93953), Carmel By The Sea (93921), Seaside (93955) and Carmel (93923, 93922) in Monterey County and San Benito California.

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