Who Should Get Copies of Your Will and Trust?
You’ve signed your will and powers of attorney. Maybe you’ve even signed a living trust. But now who should get copies of your will and trust? Is the answer different for your powers of attorney? What to do with the original documents First, let’s just say a word about what you should do with the […]
Will Deletion Attempt Was Ineffective
We see it all the time. We ask our clients not to write on their wills or trusts. This weekly newsletter regularly reports stories about how it does not work. Nonetheless, people keep trying to make a will deletion or modification by scribbling on the will itself. Please remember, folks: when the issue becomes important, […]
Choosing a Lawyer — a Cautionary Tale
How would you go about choosing a lawyer? The traditional advice is to ask friends, ask lawyers you know and trust for referrals, and check the publicly available ratings systems. Usually — almost always — those approaches work. Sometimes, though, choosing a lawyer can be more difficult. Lawyers know more about their experience, capabilities and […]
What NOT to do With Your Estate Planning Documents
Our good friend and colleague Tim Takacs, a Tennessee attorney, wrote about what to do with your estate planning documents. We suggest some things not to do.
The Personal Property List: An Important Part of Your Plan
Have you completed a personal property list to go with your will (and trust)? It’s an important part of your estate plan.
Should You Write Your Own Will?
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, […]
Estate Planning Involving Your Minor Children
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 […]
Have You Considered Estate Planning for Your Pets?
If you’ve been responsible, you’ve already signed your own will and powers of attorney. Perhaps you’ve even signed a trust. Have you done any estate planning for your pets? Taking care of your closest friends We don’t mean to suggest you ought to write a will for your cat, or an advance directive for your […]
I’ve Decided to Put My Accounts in Joint Tenancy to Avoid Probate
We’ve written about this issue before. Don’t put your property in joint tenancy with your child (or children) as a means of avoiding probate. It’s a mistake. Talk to a lawyer. Why don’t people believe us? Though we write impassioned pieces about the problems with joint tenancy, a funny thing happens when we look at […]
IRA Beneficiary Designation Affected by Divorce
In our last newsletter, we discussed the importance of following up your estate planning. Beneficiary designations are an important part of that process, we emphasized. Your IRA beneficiary designation can be particularly challenging to get right. You may have already noticed, too, that things change. A recent federal appellate decision (involving an Arizona state law) […]