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A Primer on Guardianships – Part One – Introduction
Potential clients will often come into our office because their loved one is no longer able to manage their financial affairs or health care decisions due to a disabling event or disease. One study suggests that nearly two-thirds of Americans do not have incapacity planning ...
Trying to Prevent Estate Litigation through In Terrorem Clauses is Often an Empty Gesture
Sometimes an estate planning client will anticipate that there will be a challenge to her estate after she dies – and frankly if there is a house, then in this area its generally worth at least a couple hundred thousand dollars, thus, it’s worth fighting ...
Removing the Personal Representative of an Estate
Here is the scenario: You are a legatee under a will, which means that you are entitled to “receive any property disposed of by will, including property disposed of in a residuary clause and assets passing by the exercise by the decedent of a testamentary ...
Why We Ask Your Son or Daughter to Leave the Room When Signing Your Will
UNDERSTANDING UNDUE INFLUENCE The sad reality that even with the best prepared estate plan there can be instances where a family member, or some other individual challenges your will after your death. Often times, if you have enough resources to carefully prepare your estate plan, ...
Appointing Co-personal Representatives is a Recipe for Trouble
Ask your estate planning attorney whether you it is advisable to appoint co-personal representatives. Co-personal representatives are two (or more) people named as personal representative simultaneously. Successor personal representatives are named as backups in case your first choice is unable to serve whether by reason ...
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