We have written before about “trust protectors,” a relatively new concept in American trust law. Because there is not a lot of case law on the subject, the limits of a trust protector’s power (and duty) has not been well-established. Now a new California case fills in a little more detail. Trust protectors — a…
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Writing a will shouldn’t be that hard. There’s plenty of online help and advice, and forms readily available. Shouldn’t you be able to write your own will? What could go wrong? Before you consider whether to write your own will, think about the kinds of problems that might arise. If the problems are not great,…
Will challenges are far less common than most people think. One reason: few people have any basis on which to challenge a will, even if they feel aggrieved. In legal terms, most potential challengers simply lack any “standing” to contest a will. A recent Texas case illustrates the concept nicely. Lucy Lee’s will and codicils…
Perhaps you are waiting to sign your will. You might be thinking that you should be able to sign an electronic will. Maybe you want to hold off until then. Well, you will only have another year to wait. What is an electronic will? So what is the big deal, anyway? Can’t you sign your…
A child — particularly a minor child — can inherit a share of an absent parent’s estate even after abandonment by the parent. But what about the less common circumstance of a child dying young. Will abandonment by a parent prevent the parent from inheriting from the child’s estate? Brandon’s story In 1989 a child…
How can you meet Social Security rules on asset and income eligibility? If you have resources, you might be able to transfer them to a special needs trust. The idea has been around for quite a while. Still, a lot of questions have lingered over details of the eligibility rules. A recent release of new…
In Arizona (as in most states) a will must be witnessed to be valid. Having your will notarized does not satisfy the requirement. Unless, that is, the courts approve the notary as witness. Actually, we started with a little misdirection. Not every will has to have two witnesses. Let’s explain. But first let us remind…
If you have minor children, your estate plan will obviously revolve around their care and upbringing. You need to make sure you have the right people involved, and the right tools in place. Guardianship and custody Here’s your first planning question: who will take care of your child (or children) if you die before they…
Sometimes joint owners can’t agree on how to manage — or divide — their jointly-owned asset. The difficulty might arise with real estate, or a business, or even financial accounts. When they can’t agree on what to do, the result might be what the legal system calls a “partition” proceeding. Joint ownership Two — or…
When you think about planning your estate, you probably focus on who will receive what share of your property. You might not focus as clearly on choosing your personal representative or trustee. Consider your choices carefully: acting as fiduciary is not so much an honor as it is a chore. What is a fiduciary? Lawyers…