If you recently lost someone close to you, the grieving process is likely still a big part of your life. At some point, you will learn the contents of the Last Will and Testament executed by your loved one. What do you do if something about that Will does not sound right? What do you do if you believe the Will does not reflect your loved one’s wishes? More specifically, what if you think someone else influenced your loved one during the execution of that Will? Let's explore the concept of undue … [Read more...] about How Do I Prove Undue Influence in a Will Contest?
The terms of a decedent’s Last Will and Testament (if one was left behind) are used to determine how the decedent’s estate assets are distributed during the probate process. Sometimes, however, the validity of a Will is challenged in what is known as a Will contest. One of the grounds that may be alleged to challenge a Will is “lack of testamentary capacity.” What, exactly, does that mean though? Whether you are considering a challenge to a Will or you are an Executor with a duty to defend a … [Read more...] about What Is Testamentary Capacity?
The loss of a loved one is generally followed by an emotional time where you do not want to think about the practical ramifications of your loss. If you were named by the decedent as the Executor of the estate, however, you will need to reign in your emotions and focus on the legalities involved in the probate of the estate. If you have never served as an Executor, you are likely feeling overwhelmed at the job in front of you. It is always wise to retain the services of an experienced probate … [Read more...] about Executor Checklist
Like most people, you are probably aware of the need to have an estate plan in place that dictates how your estate assets are to be distributed in the event of your death. Hopefully, you also recognize the need to have an experienced estate planning attorney assist you in the creation of that plan. That may not be the only time you need an estate planning attorney though. Let's look at five additional reasons why you might need an estate planning attorney. Petitioning for Guardianship At … [Read more...] about Estate Planning Attorneys Can Help with More Than Just Creating Your Will
Despite understanding the importance of having an estate plan in place, over half of all Americans do not have one. Moreover, many of those who do have a plan fail to update and/or expand their plan as needed. The reality is that estate planning can be intimidating and confusing. The best way to ensure that you have an estate plan in place that achieves all your goals and meets all your needs is to work with an experienced estate planning attorney. To give you a head start, lets … [Read more...] about Questions to Ask Your Estate Planning Attorney
If you are among the millions of Americans who has yet to create and estate plan, doing so now may make you may feel a little intimidated. You may be concerned about what you need to do to prepare if you have made an appointment with an estate planning attorney. To help put you at ease, and to make the most out of your appointment, here are some considerations to assist you in preparing for your appointment. Things to Consider When Creating Your Plan Whether you have made an appointment … [Read more...] about Creating Your First Estate Plan – Preparing for Your Appointment
The health and safety of our clients, staff, and friends of the law firm are top of mind amid concerns about the spread of the Coronavirus (COVID-19). As estate planning and elder law attorneys, our practice is dedicated to serving our most vulnerable citizens, including seniors, those who are ill, disabled, experiencing mental health challenges and children with special needs. The uncertainty around the pandemic has many people with immune system challenges concerned about exposure to the … [Read more...] about Our Available Services During COVID-19/Coronavirus Pandemic
Before the onset of the Covid-19 pandemic, many of our clients were already assisting elderly or disabled family member and friends with such things as meals, medications, medical visits and shopping. Regular visits just to check in were also part of many folks’ normal routines. COVID-19 restrictions have had a large negative impact on many of these activities. So, how can you continue to assist under these new circumstances? Here are a few thoughts: Medical Issues Under a federal … [Read more...] about Assisting Family and Friends During These Trying Times
The COVID-19 crisis has caused many people to realize that life-changing events can happen unexpectedly and turn their lives upside down. The myriad of challenges caused by the COVID-19 pandemic have given many pause to rethink their concerns and priorities. Estate planning is one area that should get attention, and possibly revision, as a result of the impact of current events . Here are some things to consider as you review your existing plan. Are all your estate planning documents up … [Read more...] about Covid-19 and Your Estate Plan
The acronym HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. In this post, we will explain why this piece of legislation is something to take into consideration when you are planning your estate. Advance Directives for Health Care Everyone is well aware of the fact that you have to facilitate postmortem asset transfers when you put your estate plan in place. A lot of people think this is the long and short of it, but a proper estate plan will also address … [Read more...] about What Is a HIPAA Release?