Estate Planning

When debts become overwhelming, a person may have no other choice but to file for bankruptcy. Through bankruptcy, an individual may find relief from crushing debts and enjoy a fresh start. However, bankruptcy may also have an effect on estate plans. If you are struggling financially and are considering filing for bankruptcy protection, you might also be wondering what will happen if you were to die while you are in bankruptcy. You may wonder, “What happens if a person passes away while he or she is in bankruptcy?” As an […]

When you are looking toward the future and beginning the process of developing a comprehensive estate plan, it is easy to look at account statements, insurance policies, and other documents that list physical assets to determine what property will need to be considered in your will, trusts, or other planning instruments. In today’s increasingly digital world, though, you probably have a number of other assets—whether you choose to think of them that way or not—that are only accessible through electronic means. This may include downloaded songs or apps on iTunes, […]

Do you have a plan for the allocation of your property and assets in the event of your death? Obviously, such concerns can be difficult to address, as many people, including a large number of my clients, have trouble with the concept of death and estate planning. It is extremely important, however, to formalize arrangements for your estate well in advance, because as uncertain as the future may be, leaving your estate in the hands of the state without a will or other direction, can be even more unpredictable. Personal […]

As an estate planning lawyer with over 40 years of experience, I am still surprised by the number of people who do not have a last will and testament or any other type of estate plans. Estate planning allows you to make your own decisions about how your hard-earned wealth and important family heirlooms are distributed to heirs instead leaving those decisions to the state. Even more importantly, dying without at least some type of estate planning instrument in place—called dying “intestate”—can put a serious burden on surviving loved ones. […]

The types of medical care people choose to undergo can vary dramatically. Some people diligently get their flu shots every year while others have never even considered getting a flu vaccine. Some rush to the urgent care clinic the minute their temperature reads higher than 98.6 degrees, and others avoid going to the doctor as much as possible. Whatever your decisions regarding medical care may be, these are deeply personal decisions that are yours alone to make. However, if something happens and you are incapacitated due to an accident or […]

In my years as an estate planning attorney, I have seen many families suffer through conflicts caused by arguments over inheritance concerns. Not only can a will contest or other estate planning dispute cause contention between loved ones but these conflicts can also be very time consuming and incur considerable expense. While there may be no way to completely prevent arguments over inheritance or other estate planning matters, there are certain steps you can take that will greatly reduce the chances of an estate planning dispute in the future. Do […]

When an individual dies with a will or trust in place, the decedent’s surviving loved ones have an opportunity to contest, or challenge, the estate planning document. A will or trust should only be contested if the surviving loved ones have a reason to believe that the will was not valid. For example, if they believe that the will was written under force or duress or they have reason to think the will is fraudulent, these are grounds for contesting the will. However, sometimes people contest a will simply because […]

For a variety of reasons, more and more adults are choosing not to get married. Approximately 18 million unmarried Americans were cohabitating in 2016 and that number is expected to continue to rise. If you and your partner are unmarried, you may wonder how this will affect your estate plans. Because the law does not recognize cohabitation the way it does marriage, it is crucial for unmarried couples to create an estate plan that dictates their wishes regarding property, healthcare decisions, and other concerns. There are special estate planning challenges […]

For some people, their dog, cat, bird, horse, or other animal is more than a pet, it is a family member. Because of this, they may worry about who will care for their pet if they die before the animal does. This is especially true if their pet requires specialized care because it has medical issues or other specific needs. If you have pets, there are many ways you can include provisions for your furry friends in your estate plans. There are several different estate planning tools that can help […]

If you have been asked by a friend or a loved one to be the executor of his or her estate, you might be tempted to simply say yes immediately. After all, you have a close relationship with that person, and it is the right thing to do, is it not? However, the full scope of your responsibilities might not become clear until the time comes for you to fulfill your role, whether you are ready or not. In my practice as an estate planning and administration attorney, I have […]