The Plain English Attorney Blog

Far too many attorneys overcomplicate things, making topics convoluted and difficult to understand to the average person. This blog is committed to explaining legal planning topics in an easy to understand format, in plain English. Enjoy the blogs, and please let us know if there is a topic you would like covered.

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Planning for a Spouse Within a "Prenup" Marriage premarital agreement prenup Jul 03, 2023

While I usually like to provide variety in blog topics, I have been on a deadline to put together the new book in time for a launch at a national conference.  There just isn't time right now to divert attention away from the topic of protective planning against the financial downsides of a...

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“Divorce Firewall” Strategy cohabitation agreement estate documents premarital agreement prenup Jun 26, 2023

Over the last few months, I have mentioned an upcoming book in a few places. As with my other books, this one will be about planning ahead to avoid problems before they ever come up. In this case, the book will show a much more effective way to avoid the downsides of divorce than a...

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"Prenups Don't Work!" dosanddonts premarital agreement prenup Jun 20, 2023

In researching the next book, there is no shortage of popular videos and comments decrying that premarital agreements don't work. There's typically a lot of comment screaming, sometimes in all caps, by a person who lost big in their own divorce. The fact is that prenups do work when done...

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Does the Joint Property Duct Tape Solution Work? estate planning basics probate Jun 12, 2023

Can probate be avoided with the use of assets and account titled as joint tenancy with a right of survivorship? Yes, but when it comes to estate planning, it's not planning ahead the right way like with a revocable living trust.

Titling assets as joint with a right of survivorship is what I...

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Just the FAQs, Ma'am (Vol. 2) #estateplanningbasics #wills irrevocable trust Jun 05, 2023

As part of getting back to basics for people searching to basic estate planning answers, I’m continuing to cover some basic questions that come from Henry W. Abts III’s book The Living Trust in its Appendix G. While the questions are coming from the book, the answers are coming from...

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Just the FAQs, Ma'am (Vol. 1) #estateplanningbasics irrevocable trust wills May 29, 2023

As part of getting back to basics for people searching to basic estate planning answers, I’m going to cover some basic questions that come from Henry W. Abts III’s book The Living Trust in its Appendix G. While the questions are coming from the book, the answers are coming from my own...

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What the Probate Attorneys Don’t Want You to Know basic estate planning last will and testament lawyer advice probate problems May 22, 2023

I'm seeing more attorneys these days at least reference a revocable living trust when speaking with their clients if they are asked about estate planning options. However, it is still the norm if clients call up a law office and ask to get a Will done that attorneys will just go through the...

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Blended Families, Who Should Handle Finances in a Crisis? blended families co-trustees estateplanningprocess May 15, 2023

There are a lot of couples in the United States not on their first relationship, there are children from prior relationships, and they're all coming together as a family. Whatever's going to work for them is going to work for them. But then one of the biggest questions in estate planning comes up...

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Can You Use Out of State Protective Trusts? May 08, 2023

There is an extremely effective asset protection trust where you can place your assets into trust, be the beneficiary of that trust, and secure those assets from divorce, lawsuits, and creditors. Unfortunately, it is not available in most states, including North Carolina, since those states do...

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Is Your Beneficiary Protected From Themselves? May 01, 2023

Your beneficiaries are legally adults at age 18, but that doesn’t necessarily mean they are responsible enough to handle an inheritance. If you don't do an estate plan with a Will or Revocable Living Trust that incorporates age limits, the usual default under the law is 18.

This is a story...

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Why Prenups Blow Up: Seven Ways Premarital Agreements Fail premarital agreement prenup Apr 24, 2023

“Prenups don’t work!” the YouTuber practically screamed into the microphone, lamenting the downfall of men everywhere whose fortunes were being stolen from their gold digging exes. [Insert eyeroll here.] “A man works for years, decides to marry a woman, and insists on a...

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Breaking Down Asset Protection assets organizing legal documents Apr 17, 2023

Good asset protection planning isn’t as complicated as it may seem. If thought about the right way, it can actually be pretty simple to follow. Unfortunately, there is no magic wand you can waive over a pile of assets and it is instantly protected from lawsuits, divorcing spouses, the...

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