In Rare Challenge, Court Finds Revocation of Will Effective
FEBRUARY 22, 2010 VOLUME 17, NUMBER 6 The popular conception of the probate process and the making of wills is colored by misinformation from a number of sources. Movies, books and plays provide much of the misunderstanding, building an expectation of “the reading of the will” in a lawyer’s office (it just doesn’t happen), regular […]
DNA Test Might Be Useful To Establish Decedent’s Paternity
FEBRUARY 15 , 2010 VOLUME 17, NUMBER 5 Despite being cloaked in arcane terms and arguments, the legal system usually makes sense in the real world in which it operates. Sometimes, however, it may take the legal system a few years — or a few centuries — to catch up with that real world. One […]
UTMA Custodian Accountable After Beneficiary’s Majority
FEBRUARY 8 , 2010 VOLUME 17, NUMBER 4 A recent case out of Kentucky deals with a fairly arcane legal question, but it gives a chance to remind people about UTMA accounts and the rules governing them. The issue in that case: what duties does a UTMA custodian have to account to the minor beneficiary […]
Simplified Probate Proceeding Valid Even Though Fraudulent
JANUARY 25, 2010 VOLUME 17, NUMBER 3 The difficulty and cost of a probate proceeding can make it hard for heirs to collect small estates. Even the court filing fee can be prohibitively expensive if the decedent’s assets are very small. As a consequence most states have some sort of alternative to a full probate […]
Roth IRA Conversion in 2010 More Attractive For Some
JANUARY 11, 2010 VOLUME 17, NUMBER 2 Recent changes in federal regulations affecting the Roth IRA now make this retirement savings plan available to wealthier individuals. We list some of the factors to consider in determining whether to convert your existing traditional IRA to a Roth IRA – so that you can discuss the matter […]
Montana High Court Approves “Death With Dignity” Request
JANUARY 4, 2010 VOLUME 17, NUMBER 1 Retired truck driver Robert Baxter, a Billings, Montana, resident, was dying of leukemia. He wanted to be able to choose the time and manner of his own death, and he turned to his physicians. He asked for a lethal dose of medication; his doctors sympathized, but declined to […]
Court Distinguishes Between Undue Influence, Incapacity
DECEMBER 28 , 2009 VOLUME 16, NUMBER 66 Contrary to public perceptions, will contests are actually rare. In fact, few wills are written in such a way that anyone would benefit from a contest — most wills leave property to the same people who would inherit if there was no will. When there is a […]
Video by Exploiters Leads to Witness Tampering Conviction
DECEMBER 21 , 2009 VOLUME 16, NUMBER 65 Washington State resident Shirley Crawford, then age 80, had a difficult problem to deal with. She had fallen in 2001 and was hospitalized. Her only child, Anne, was severely mentally disabled and lived in Ms. Crawford’s home. Ms. Crawford needed someone to help her with management of […]
Protecting Clients From Their Own Mistakes Can Be A Challenge
DECEMBER 14 , 2009 VOLUME 16, NUMBER 64 Preparation of an estate plan is more than the individual documents. A good attorney considers the client’s circumstances and wishes, and analyzes the best course of action. The process requires the attorney and the client to communicate, and to work together. Too often, however, problems arise after […]
What To Do When a Family Member or Loved One Dies
NOVEMBER 30, 2009 VOLUME 16, NUMBER 63 Obviously, the death of a family member or close friend will be an emotionally charged moment. Most of us only have to endure the process a handful of times in our entire lives. That means we may be ill-prepared for what needs to be addressed, and extremely distracted […]
