Estate Planning

Estate planning is similar to flossing, eating healthy, and doing your taxes. We know it is a necessary task which has great benefit, but we sometimes procrastinate or find reasons not to do it. In fact, less than half of Americans have a will, trust, or other estate planning instrument in place. In my experience as an estate planning attorney, I have met many people who I could tell were hesitant to delve into the world of estate planning. I have also seen the peace of mind and pride these […]

The purpose of a Last Will and Testament, trust, or other estate planning tools should always be to ensure that a loved one’s final wishes and inheritance directions are followed. However, sometimes there are questions about the validity or enforceability of a person’s will. Elderly individuals or those with illnesses that affect cognition can be taken advantage of by people who wish to gain financial benefit by manipulating them. Other individuals can be tricked or forced into signing a will that they would normally have approved. In situations like this, […]

Although it can be a challenging topic to address, estate planning is critically important for those who wish to have a say in how their property and assets are handled upon their death. A comprehensive estate plan can also allow you to decide things like what type of medical care you want and do not want if something tragic happens to you and who should speak on your behalf if you are incapacitated. Because estate planning is such an important, and often, emotionally difficult process, it is crucial that you […]

When you think about a time when you will no longer be around to care for your family, it may be scary to consider how those who need you most will fare when you are gone. This may be especially true if you have a son, daughter, brother, sister, or cousin with a serious disability or any other special needs who is unable to properly care for him- or herself. As an estate planning attorney, I understand the challenges that come with caring for a person with special needs, as […]

As an estate planning attorney, I realize that it can be hard to know exactly how to divide your assets and property upon your death. Many people want to leave an inheritance for their children and other family members, but are unsure about who should get what. Asking family for input on inheritance and estate planning decisions can result in an assortment of answers. Some of your loved ones may suggest that you simply divide their inheritance equally. However, it can be hard to determine what “equally” really means. Regardless […]

If something tragic happened to you on the way home today, do you have any idea what would happen to your assets and belongings? For the purposes of this hypothetical, assume that the same tragic thing happened to your spouse at the same time. According to recent estimates, more than half of American adults do not have any type of estate plan in place, which means they would have virtually no control over their assets in the event of a tragedy. As an estate planning attorney, I know how important […]

If you have parents nearing retirement and they do not have adequate estate plans, you may be worried about how to bring up the topic of estate planning with them. It can be incredibly hard to discuss what will happen after your parents pass away with them, but it is a crucial conversation. Dying without, at the very least, a last will and testament leaves surviving family and friends with the burdensome task of finalizing the deceased person’s affairs and guessing what he or she would have wanted. Not having […]

In my practice as an estate planning attorney, I have heard all of the excuses that people make for not creating a will, establishing a trust, or choosing a power of attorney. “My estate is too small to worry about.” “I’m too young to think about estate planning.” “Estate planning now will just create bad luck in the years to come.” While I certainly understand that the ideas associated with estate planning can be difficult to think about—especially the idea of one’s own death—there are really no good reasons for […]

In a recent post, I outlined the importance of reviewing your estate plan regularly. The primary goal of such a review is to determine if your estate plan still matches your life’s circumstances well enough to give you and your family the peace of mind you deserve. As an estate planning lawyer, I realize that while many people perform their regular plan reviews, they often focus on their assets and their heirs. Of course, it is important to identify and address concerns over newly acquired property and those who are […]