When someone dies, they typically leave behind various estate assets. This may include cash, investments, personal property or real property. All of the decedents property must be legally transferred upon his or her death. How the property is handled depends on a number of factors. Property held in joint tenancy with another person will pass by operation of law to the surviving joint tenant when the one of the joint tenant dies.  In many cases, property held by husband and wife as community … [Read more...] about What Happens To One’s Property After They Die?

If you’re like most people, you may be startled to learn that your will won’t do what you think it should do.  A will is effective for naming guardians for minor children, naming an executor, and directing assets titled in your individual name or payable to your estate. A will may not control all property because of the way most property is owned.  For example, consider Marv’s will.  Marv’s will provides that all of his assets go to his children upon his death because he spouse, his second … [Read more...] about When a Will Helps and When it Doesn’t Help

Each and every day, children are unintentionally disinherited and receive nothing when their parent dies.  If you’re like most people, this is not what you want.  Here are two examples illustrating how children are disinherited. Example One Jim and Susan have a long happy marriage.  They have been married for 32 years and have four children, all boys.  Jim has a heart attack and dies.  He and Susan owned everything jointly so at his death, Susan inherited all of the assets. Several … [Read more...] about Don’t Accidently Disinherit Your Children

If you are in a second or third marriage and have children from previous relationships, very careful estate planning is necessary to keep the peace while you’re alive and avoid litigation after your death. Tips for Using Estate Planning to Keep the Peace in a Second Marriage Communicate. Let your loved ones know that they are protected by and provided for in your estate plan. Update. Update your estate planning when your family changes. Honor Prenuptial Agreements and … [Read more...] about Special Estate Planning Considerations for Second Marriages

When asked if they are going to disinherit their children, most folks reply, “Of course not.”  However, many of them do, unintentionally. The Perils of a Blended Family Unfortunately, the unintentional disinheritance of children happens every day.  It usually happens in blended families, which are comprised of second, third, or even forth marriages and children from previous relationships. No matter what promises are made or understandings are had, a spouse that is not the parent of all … [Read more...] about How Not to Unintentionally Disinherit Your Children

When beginning to think about your estate planning needs, you may decide to execute a will.  A will can allow you to achieve a number of goals.  However, it likely won’t allow you to handle all of your estate planning affairs unless you have a simple and modest estate.  Take a look at the following information, to learn more.  If you have any questions about the use of a will, contact an experienced and qualified estate planning attorney.   You can’t control all asset distribution.  It’s … [Read more...] about Why a Will Isn’t the Only Document You Need (part 2 of 2)

Probate can be an extremely costly, lengthy, and public process.  Many people take the time to carefully plan their estate in order to avoid probate. If you’re looking to avoid probate, you will need to utilize the right techniques.  Take a look at some more great ways to avoid probate.  If you have any questions or if you’re ready to discuss your probate avoidance needs, meet with an experienced, qualified estate planning attorney. Gift during your lifetime.  If you’re able and willing … [Read more...] about Probate Avoidance Made Easy (part 2 of 2)

Are you looking to avoid probate?  Luckily, there are steps that you can take to ensure that your assets avoid the probate process.  Avoiding probate will allow your loved ones to get their inheritances quickly.  Avoiding probate can also save time, money, and keeps your affairs private. Take a look at the information below to learn more about some of the probate avoidance options.  If you have any questions or if you’d like to discuss a probate avoidance plan, meet with an experienced, … [Read more...] about Probate Avoidance Made Easy (part 1 of 2)

Friends, family, acquaintances, and the internet are a breeding ground for estate planning myths.  These myths can lead to a failure to plan or a plan that fails.  To set the record straight, we are dispelling common estate planning myths in this three part article. 3.  Joint ownership, commonly called joint tenancy, is an inexpensive and easy way to avoid probate.  It’s cheaper than using a fully funded revocable living trust.  Myth!!! Joint ownership means that you could lose your … [Read more...] about Common Estate Planning Myths (part 2 of 3)

When creating your estate plan, you will need to consider how your property ownership fits in with your overall planning needs.  If you’re looking to better understand how your assets will transfer after your death, take a look at the information below. Some Forms of Joint Ownership are NOT Controlled by Your Estate Planning Documents Joint tenancy with right of survivorship – With this type of joint ownership, all owners have equal access to the assets. This means that any owner may … [Read more...] about Understanding How Property Ownership Affects Your Estate Plan (part 2 of 2)