Under ideal circumstances, you will know well ahead of time if someone plans to nominate you to be the executor in a Last Will and Testament. Of course we all know that life doesn't always present us with ideal circumstances. If you have recently been notified that someone died and nominated you to be the executor of the estate in his or her Will, you may be wondering what to do next. To begin with, you need to know that you are not required to accept the position of executor. You are free to … [Read more...] about So You’ve Been Named the Executor of A Will. Now What?
You’ve probably heard of the terms “will” and “living will.” However, if you are like most people, it may be confusing to fully understand the differences between these terms. While they are both very different, it is important to implement both into your estate planning. Take a look at what both of these legal documents offer: A will, also known as a last will and testament, is only effective after you die. It has no effect during your lifetime. A living will is only effective during … [Read more...] about What’s the Difference between a Will and Living Will?
If you’re thinking about creating your will, you may have a lot of questions. This may include questions about what makes a will legal and valid. You want to make sure that your will meets all legal requirements so that your wishes are respected. Take a look at the information below to learn more. If you have any questions or if you’d like help creating a legally valid will, meet with an estate planning attorney. In order to create a will, you must be at least 18 years of age. … [Read more...] about How to Make a Legal Will
Many who have yet to create an estate plan tell themselves “When I become rich and famous I’ll do it because then I will really need one”. Surprisingly, many of the rich and famous still don’t get around to it, creating a legal nightmare when they die. Consider the following short list of rich and famous persons who failed to leave behind an effective estate plan. Abraham Lincoln: Despite being a lawyer himself, even the 16th President of the United States died intestate. Jimi Hendrix: … [Read more...] about Dont End Up Rich, Famous, and Intestate
If you are one of the millions of Americans who has failed to create an estate plan, you are officially signed up for the government estate plan. When you fail to execute as much as a Last Will and Testament or Living Trust prior to your death, your estate will be handled according to the government’s rules and laws since you are considered to have died intestate. So how does the government estate plan work? For starters, except for the most modest estates, it is likely that everything you … [Read more...] about The Government Estate Plan for Intestacy
A Last Will and Testament typically serves as the foundation of an estate plan. Although the concept of a Will is rather straight-forward, mistakes can – and often are -- still made during the creation of a Will. To help prevent you from making them, let's look at some common mistakes to avoid when creating your Will. Using a “DIY” Will form. It may seem as though you are saving both time and money using a DIY Will form that you find online. In reality, you are more likely to cost your loved … [Read more...] about Mistakes to Avoid in Your Will
We are happy to report that, despite the COVID-19 pandemic, we are still able to deliver quality legal services and to serve our community with their legal needs. We also are doing our part to slow the spread of COVID-19 by wearing facial coverings, disinfecting our office, providing hand sanitizer to all visitors, practicing social distancing, and offering telephonic and video conferencing options. While we navigate our way through this unprecedented era, we will be operating with the above … [Read more...] about Important Notice Regarding COVID-19
Occasionally, a client will ask, “Do I really need all of these estate planning documents?” Usually, it’s rhetorical questions and a joke about trees, but we answer the question anyway. After all, estate planning attorneys like trees. The estate planning documents that your attorney will recommend will be based upon your concerns, finances, goals, and the law. The consequences of not having these documents are often harsh. While you may need advanced estate planning, the typical basic … [Read more...] about Are All of these Estate Planning Documents Necessary?
Dying without a will or trust is called dying “intestate;” and, the intestacy laws of your state of residence, at your death, will determine who inherits from you and in what percentages. If you die with a well constructed and comprehensive will or trust plan, you get to decide who benefits from your estate. Typically, state intestacy laws don’t match decedents’ wishes. Furthermore, if you die with assets in more than one state, especially real estate, your assets would be subject to two … [Read more...] about What Happens When Someone Dies Without a Will or Trust?
The death of a parent, no matter how old you are, is never easy to accept. If you recently lost your mother, you are undoubtedly dealing with the grief that follows such a loss. At the same time, you may be forced to address some of the practical and legal issues that follow a death as well. Among the most important of those is probating your mother’s estate. Typically, probate is initiated by submitting the decedent’s Will to the appropriate court. If your mother attempted to make a deathbed … [Read more...] about Is My Mother’s Deathbed Will Valid?