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What Is a Testamentary Trust?

A testamentary trust, unlike other trusts, is not legally binding until the person has died. As such, a person must include the trust in their will so that it is created upon death.

When you draft a will, it is a good idea to include the creation of a testamentary trust. Probate will still take place. This is to make sure the assets are being managed appropriately.

It is easier to include the testamentary trust clause that creates the trust when you are creating a will – however, if you already have a will, you can always amend the will to include the testamentary trust clause.

Steps for Adjustment of Status

The Immigration and Nationality Act (INA) permits the change of an individual’s immigration status while in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if the individual was inspected and admitted or paroled into the...

Returning Resident Visas

A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United...

Are you eligible to apply for a Green Card?

GREEN CARD ELIGIBILITY You may be eligible to apply for a green card (permanent residence) through your family, a job offer or employment, refugee or asylum status, or a number of other special provisions. In some cases, you may even be able to self petition or have a...

WILL vs. LIVING TRUST

An estate plan is not a one size fits all endeavor. A quality professional attorney can give you the guidance you need to make the right decisions regarding your property. Some people consult with an attorney, and then get assistance from a legal document preparer to draft the documents in order to save on costs. Two of the most common estate planning tools are the will and the living trust.