Matters Which Affect Real Estate But Do Not Appear in Public Record
Recorded and non-recorded Easements, Access Agreements and Right of Way
"Hidden" Title Issue on Death of Owner
Title Issues That Are "Hidden" Ownership to real property can arise when the deed is a joint tenancy or transfer on death deed. Joint Tenants with Right of Survivorship. For example, if property is conveyed to X and Y as joint tenants of survivorship and the next conveyance in chain of titl...
Title Insurance Policy is exactly that-- An Insurance Policy
The Title Insurance Policy When you Purchase Property
Can I post notice of restriction on the road to my property and adjacent land?
Posting Notice of Restriction to Public Roads and Land
The bank asked for my Trust Agreement--do I have to give it a copy?
Public Records and Privacy Concerns
SECURE Act 2.0 - Setting Every Community Up for Retirement Enhancement
The SECURE Act 2.0 Act of 2022 offers many opportunities to increase participation in qualified retirement plans and many changes--including inflation adjustments--that will be phased in over the next two years.
Insurance Coverage for Real Property Subject to Transfer on Death Deeds - 2023 Wyoming Legislature
Transfer on Death Deed: The 2023 Wyoming legislature enacted legislation providing for transfers of title to an interest in real property after the death of the owner by a transfer on death deed on and after July 1, 2023 any insurance coverage on the property transferred shall be extended to co...
FDIC Changes Insurance Coverage of Trust Bank Accounts - Effective April 1, 2024
New rules for amount that trust accounts are FDIC insured.
A trust - A LLC and a breach of of duty
In Wyoming, a very useful estate planning and asset protection tool is transferring working assets into a LLC and that LLC interest into a trust. However, both the manager of the LLC and the trustee. have a fiduciary duty to the LLC and to the trust, which means the manager must conduct business in a manner that the manager reasonably believes to be in the best interests or at least not opposed to the best interests of the company. This case discusses examples of that, and how to administer properly and within the law in Wyoming.
What Does it Mean to Fund a Trust?
Many people now choose to use a revocable living trust to pass along their estate to their survivors, instead of relying on the traditional last will and probate. It may be best though, for you to create a trust. And the question then is: what does it mean to fund the trust--how do I do that?
How Much to Tell Your Heirs About Your Estate Planning Decisions
How Much to Tell your Heirs About your Estate Planning Decisions--Communicating the what and why.
Guidance and a cautionary tale for personal representatives . . . . . .
There are planning tools you can use to help your Personal Representative administer your estate.
Wyoming Unclaimed Property--How to Make Sure ALL of Your Accounts and Property Transfer as You Intended
You can keep your accounts or other property from being unclaimed property at the state of Wyoming. Make sure your beneficiary designations on ALL of your accounts--bank accounts, investment accounts, policies, retirement accounts have proper beneficiary designations.
Here's how the new IRS life expectancy tables affected inherited and owner retirement accounts
Here's how the new IRS life expectancy tables affect required withdrawals from IRAs and 401(k) plans
The Top 20 - Options in modern estate planning in Wyoming - How to keep your plan current
Modern estate planning is more flexible that you might think. Be sure to contact your estate planning attorney regularly, especially where there are changed circumstances in your life.
Doing Good Deeds - Avoid Using Bad Deed Types and Clauses
Doing good deeds--avoid using bad deeds: Why using a warranty deed is usually the better choice
How do I title the assets in my trust?
How to title your trust assets for protection.
What are the rules if we have a joint account?
Where there are joint owners of an account, the burden is on the non-debtor account owner to prove what funds are not subject to execution.
Should I use a durable power of attorney to manage assets for my loved one?
Please be aware of the limited use of a durable power of attorney for estate planning and incapacity planning--this tool is not always the best tool for the job.
What if my property has covenants and there is an easement?
My property has covenants--do I still have an easement? The Wyoming Supreme Court issued an opinion May 6, 2020 regarding the relationship between easements and covenants in a case called Gayhart, Trustee of the Gayhart Trust and Corsi. The reason this may be of interest to property owners wi...
Capacity in Wyoming for Estate Planning
How is capacity defined in Wyoming for estate planning?
Whose interests in a trust take priority - the maker of the trust or the beneficiaries?
Balancing how I wish to make my trust and the benefit of the beneficiaries.
Who is the best choice for my Personal Representative?
There are several qualifications a person should have before you appoint them to be your Personal Representative.
