Mateya Law Administrator

About Mark Mateya

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So far Mark Mateya has created 171 blog entries.

Who Is Qualified To Assist You With Estate Planning?

2016-09-20T13:13:45-04:00September 20th, 2016|Estate Planning and Administration, General|

Has your estate planning attorney told you that he or she does not handle any estate administration? I know what some of you may be thinking. “Why in the world would I want to work with someone who does not know how these wills and trusts will work out after we pass away”?

Sadly, this has become the reality with some attorneys who try to specialize in fancy estate planning which serves to shelter funds. The truth is; the person who is helping you plant the seeds should also know how to reap the harvest.

Most of us want to know that […]

Why Didn’t Grandpa’s Revocable Trust Save On Inheritance Tax?

2017-01-23T00:55:23-05:00August 30th, 2016|Estate Planning and Administration, General|

Too often I have a family come into our office to take care of a loved one’s estate. The conversation can go something like this:

“We’re here to finalize my Uncle’s estate, but don’t worry, it will be easy. He put everything in a Revocable Trust.”
The person usually then goes on to explain that they understand that having everything in a trust means there are no taxes to be paid, and that it will be quick, painless and inexpensive.

I am the one who gets to deliver the sad news. The Trust, because it is revocable, likely has no effect on the […]

Now That Mom Is Safe, Are We Happy?

2017-02-24T14:50:43-05:00August 24th, 2016|General, Taking Care of Your Parents: My Own Story|

We’ve seen a decline in mom’s memory and her abilities for the past two and a half years. We used to be concerned that she was at home alone and could fall and be hurt, or worse. When she was in assisted living at the Nursing facility, she was a part of what the staff called their “frequent faller” program. She rarely did more than slide down onto her bottom, but it happened enough that her falls were charted. So giving her a ‘safe’ place to live didn’t stop the falling; it simply put her into a location where there […]

What Is A Digital Asset?

2016-08-18T13:23:25-04:00August 18th, 2016|Estate Planning and Administration, General|

Leaving a legacy today includes more than just the traditional things that we leave to others. It now includes our “digital assets.” I challenge anyone to thoroughly define a digital asset. The Revised Uniform Fiduciary Access to Digital Assets Act (yes, there is such a thing) defines a digital asset as “An electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.” That’s a mouthful!

From that definition (which is only one of the ‘official’ definitions around today) we learn […]

(Don’t) Put The House In The Children’s Names

2017-01-16T22:40:23-05:00July 27th, 2016|Estate Planning and Administration|

You may have heard that it is a good estate planning idea for a parent to transfer his or her house into a child’s name and ownership.

The two most common reasons you will hear are, “It saves on inheritance taxes” and “It makes distribution of the estate easier.”

Let’s take a look at a house that is worth $300,000 today that was purchased 35 years ago for $90,000. We’ll look at two ways to transfer the house.

First, if we gift the house from parent to child, the parent will have to file a Form 709 Gift Tax Return to avoid paying […]

“American’s Ostrich Approach to Estate Planning”

2016-06-30T10:37:04-04:00June 30th, 2016|Estate Planning and Administration, General|

An article in Forbes Magazine from April of 2014 cites many statistics, among them the fact that approximately 64% of Americans do not have a Last Will & Testament. Some studies put that number closer to 50% or 55%. None of these numbers represent good news. So why is this the case?

The most common reason people give is that they simply “never got around to it.” Dave Ramsey of Financial Peace University fame has a good thought for those people. He says “Do you hate the people in your life? Die without a Will! They’ll spend years fighting each other […]

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