Ball Morse Lowe Blog

Is Probate Necessary for a Donor-Advised Fund?

by Ball Morse Lowe on May 24, 2019

A donor-advised fund, also known as a DAF, is a great way to donate to various charitable organizations without going through mountains of paperwork, all the while minimizing your taxes through deductions. It also offers tremendous flexibility for post-death giving, specifically if the DAF is funded while you’re still alive.

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Why You Should Hire a Lawyer to Prepare Your Living Trust

by Ball Morse Lowe on February 20, 2019

Every adult, wealthy or not, should have a valid will or a living trust in place. Yet, more than half of Americans are unprepared for the inevitable. A last will and testament is a legal document that outlines where and whom your

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The Stigler Act Amendments of 2018

by Stephanie Moser Goins on January 10, 2019

In a previous post, we discussed H.R. 2606, the bill that amends the Act of August 4, 1947 (61 Stat. 731) (commonly known as the Stigler Act). The Stigler Act governs restrictions upon alienation of surface and mineral interests in lands inherited by lineal descendants by blood of allottees of the "Five Civilized Tribes." The Five Tribes were forcibly removed to Indian Territory, and resettled on lands located within the geographical boundaries of what is now the State of Oklahoma.

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Is It Time To Update Your Estate Plan?

by Jennifer L. Wright on October 1, 2018

There have been recent changes in the estate tax laws that may affect your current estate plan. I share those details in the post that follows and also provide you with some recommendations to bring your estate plan up to date.

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A Difficult Conversation: Talking to Loved Ones About Estate Planning

by Jennifer L. Wright on June 5, 2018

Talking to loved ones about estate planning is a difficult conversation because people do not like to talk about death.

But the truth is that none of us will make it out of this life alive, so estate planning is an important topic to discuss with the people you care about most.

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What the Tax Cuts and Jobs Act of 2017 Means for Your Estate Plan

by Jennifer L. Wright on March 13, 2018

The Tax Cuts and Jobs Act of 2017 ("Act"), effective as of January 1, 2018, includes significant changes that affect estate planning.

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Transfer on Death Deeds: The Beneficiary Affidavit

by Jennifer L. Fischer on February 20, 2018

Practitioners now have the benefit of The Non-Testamentary Transfer of Property Act, which provides an approved form for Transfer on Death Deeds. See 58 O.S. § 1253 (OK 2016).

Once the practitioner has drafted the Transfer on Death Deed in accordance with the statutory form, and determined that the client’s present situation is one contemplated by the Act, the hurdle to overcome is the beneficiary affidavit requirement.

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Business Succession: Five Issues to Prepare For

by Ball Morse Lowe on February 1, 2018

Estate planning can be a challenging process for nearly anyone. It forces people to focus directly on their own mortality and determine what should happen to their assets when they pass away. One critical aspect of estate planning - and a reason why the process shouldn't be considered a one-and-done attorney meeting - centers on business succession planning.

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Will or Trust: Which is the Best Choice?

by Jennifer L. Wright on November 24, 2017

Choosing either a will or a revocable trust as the foundation of your estate plan is often the first step in the estate planning process.

Both documents allow you to create a plan for the distribution of assets upon death, as well as name a person (or persons) who will be responsible for administering your estate and distributing your assets.

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