Estate Planning Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Estate Planning.


Five Steps to Avoid and Minimize Probate and Trust Disputes

Litigators can be beneficial when there are disputes over probate and trust litigation. Probate and trust litigation can turn families into enemies and convert inheritances into attorneys’ fees. These disputes can fueled by sibling rivalry, blended families, family grudges, financial need, entitlement, revenge, greed, or spite.

An Explanation of Unified Gift/Estate Tax

levy that is imposed on gifts that you give to others if they exceed a certain amount. Every year you can give as much as $13,000 to any number of gift recipients free of the gift tax. The total sum of these tax-free gifts can equal any amount of money.

Ways to Keep Your Estate Plan Simple

You can’t take it with you. This is one of the simple, inalienable truths about dying, and, like it or not, your relatives know this. So if you have had the good fortune to become wealthy during your life, be sure to develop an estate plan that will help keep things civil.

Estate Planning and the Types of Power of Attorney

There are many different types of power of attorney; in fact, there are so many that someone could be easily overwhelmed when trying to decipher just what exactly, is encompassed by a grant of power of attorney. And don’t worry: if you don’t know what a power of attorney is, you are not alone. To put it simply, the phrase “power of attorney” describes one person’s bestowal of power upon another person to act in their stead.

Trust Can Play a Role in Pet Planning

Some people want to provide for minors or adults who are incapable of making their own decisions when they are making preparations for the future. If you want to set aside resources for the well-being of such an individual you would place them into a trust of some kind.

Home Equity Conversion Mortgages: An Overview

When you are engaged in the process of retirement planning, you are going to want to be apprised of all of your options. With this in mind we would like to take a look at home equity conversion mortgages. Just about everyone would like to be able to retain ownership of as much property as possible so that they can leave behind a robust legacy to their loved ones.

What You Need to Have Together Before You See Your Estate Planning Attorney

An important question to ask before you see an estate planning attorney to make a will or living trust and all of your other planning documents is what to bring. It is important to account for all of your assets, or everything you own before you make an appointment to see your estate planning attorney. You must do a little bit of work to prepare yourself and do your homework before you will be properly prepared for your initial meeting with an attorney.

Who Will Care for Your Pet After Your Passing?

Because of the fact that pets live relatively short life spans as compared to humans, you may think that it is not necessary to consider the future of your pet when you are planning your estate. Perhaps this is true for some younger people who essentially co-own their dog, cat, horse or other animal with other immediate family members.

How Do You Provide for Pets When Planning Estate?

If you were to get yourself a dog or cat as a senior citizen you may be taking a very positive step. It is not uncommon for elders to experience a sense of loneliness and pet ownership can certainly make a big difference. However, when you are planning your estate you must ask yourself what would happen to your dog or cat after you pass away.

Someone is Wrong on the Internet

There is an old Internet meme that shows a picture of a man looking at a computer while a woman stands in a doorway behind him The picture is captioned with some way of stating that the man cannot go to bed because he has to stay on the Internet because someone on the Internet is wrong.

A Post for Men

Forgive me, ladies, but this is a post for the men in the audience. You can read it, but it is not for you. This post is for men who spend any time with other men. It does not take long if you get a group of men together that the conversation turns to what it means to be a real man. It really doesn't.

Claim Your Inheritances

Most people do just about everything they can legally do to get as much money as they possibly can. This makes it amazing when someone appears to go out of their way to not get virtually free money. For example people have been known to not show up to claim inheritances for no reason. It happened recently.

T-Shirt Estate Plans

Have you ever purchased a one size fits all T-shirt? I'm not sure why companies make these things. They don't actually fit anyone. They are always too large or too small for any particular person. If you have made the mistake of buying one of these things, it’s a mistake you are not likely to make again.

SSA Requiring Benefit Recipients to Go Paperless

Many people within the elder law community are concerned about the future solvency of the Social Security program. Indeed, given the rapid aging of the population there will be an added strain on the system. Exactly how to go about cutting costs is a matter of ongoing debate, but the Social Security Administration has been taking some steps that would seem to be quite logical to most people.

Why Should I Use a Living Will Registry?

A living Will registry is a good idea. It’s like an insurance plan that covers your wishes instead of your property. Although the subject matter underlying a living Will registry may be difficult to discuss, registration and use of the registry is simple.

What A Common Law Marriage Does To Your Estate Plan

Common law marriage is still in practice in Alabama ,Colorado, The District of Columbia, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah and should be factored into your estate plan if you live in any of these states and it applies

Estate Plan Considerations for Those Who Are Expecting

Pregnancy is one of those significant life events that cause us to make a great many changes in our lives. One thing to which being pregnant should give rise, is considerations about your estate plan. Perhaps you do not yet have an estate plan in place. Perhaps you need to make some adjustments to your existing plan, in light of the pregnancy.

Cancer Strikes When You Don't Expect It

I have an old friend that I only know through the Internet. I'm not sure how we met. It was a long time ago. It was probably through a mailing list or some early Internet message board. We have a lot of similar interests so over the years we have kept in touch. We do not talk often, but every once in a while we send each other emails to see what is going on or to discuss something of mutual interest.

Motivational Estate Plans

Perhaps some of your family members are not as motivated to make something out of their lives as you are. It is frustrating when that family member is a child or grandchild who just cannot seem to do anything with his or her life, who shows no desire to go to college and get a degree that can land them a good job.

Financial Discussions When Mom and Dad Get Old

It can be very difficult for adult children with aging parents to accept that the people who raised them are now coming to the age where they are not able to perform the same tasks that they used to be. If you have aging parents there may come a time when you will need to step in and begin managing some of their responsibilities for them.

Pet Planning: Provide for Your Pooch

You must think everything all the way through when you are interested in being totally and comprehensively prepared for the inevitable. With this in mind you would do well to make provisions for your dog when you are planning your estate. No one knows exactly when they will be passing away so you may think that you will live longer than your dog but in reality you have no guarantees.

Digital Planning: Communicate Relevant Information

Estate planning in the digital age is going to require communicating relevant information to your executor or personal representative. These days a lot of people conduct a significant amount of business online. Indeed, some individuals take care of just about everything over the Internet and it can be quite efficient to handle your affairs digitally.

What Are Reverse Mortgages?

Older Americans often use reverse mortgages to buy long-term care insurance, pay for medical treatments, finance home improvements or supplement income. There are different types of reverse mortgage available and only people who are 62 or older will qualify. Just because you may qualify, however, does not mean that you should be considering a reverse mortgage.

Why You Need a Will or Trust

State law governs the distribution of your estate if you do not have a will or trust in place. Did you know that your spouse may receive only 1/3 of your estate when your pass away? Intestacy is the process governing the distribution of you estate should you pass away without a will or trust. In Oklahoma, the default rule for a family (with no step-children), is that only 1/3 of your estate will pass to your spouse if you unexpectedly pass away; the rest will pass to your children.

Three Estate Planning Instruments You Need Right Now

Depending on your needs, estate planning may be a simple or complex process. We believe that these three instruments are essential to protecting your loved ones and estate, should you become incapacitated or pass away unexpectedly. Regardless of the size of your estate, there are three estate planning instruments you should establish today.

Singapore Business Law - Refinancing (Money Saving Tip)

The recent economic downturn have resulted in many of us tightening our belts. For most of us, this means having to forgo our annual overseas holidays, having to downgrade from going to restaurants to having our family meals at food court. Everyone is looking for ways to reduce their spending. We often overlook the very obvious method (and also substantial) savings through refinancing.

Singapore Business Law - Protect Your Assets With Keyman Insurance

Have you ever considered whether or not your business could continue without you or your key employees? “Keyman Insurance” is an insurance policy designed to financially protect a business from the effects of prolonged illness or death of important employees of a business. Read this article to find out how your business can benefit from keyman insurance.

Expanded Medicaid Might Impact Private Plans

There is no doubt that you have heard a great deal of information bandied about regarding the Patient Protection and Affordable Care Act (PPACA) in the days since the U.S. Supreme Court upheld the law, in a 5-4 decision. All of the facts and figures can be confusing, especially since they all seem to conflict from day-to-day. So what kind of effect, if any, will the PPACA’s expansion of Medicaid have on private health insurance rates?

Answering Unified Tax Questions

The estate tax and the gift tax are unified under the tax code. We would like to provide a basic explanation with regard to what exactly this means to you. You cannot simply give gifts while you are alive in an effort to circumvent the estate tax. There is a federal gift tax in place as well and it carries the same rate as the estate tax.

Unified Exclusion Applies to Estate Plus Taxable Gifts

You may have heard the term "unified exclusion" if you have started to do any research into the field of estate planning as you look ahead toward your own future. What this is referring to is the amount of resources you can pass along to your loved ones without facing the prospect of paying a hefty tax.

Shedding Light on Unified Gift/Estate Tax

The taxes that are imposed on transfers of assets are something to take very seriously when you are interested in wealth preservation. These taxes extend beyond the estate tax alone. There is also a gift tax, and it is unified with the estate tax under Internal Revenue Service regulations.

Protecting Your Assets from Expanding Nursing Home Costs

Nursing home costs are rising, which could be detrimental to your financial health should you find yourself in need of nursing home care, or even that of an assisted living community. In fact, the average annual cost for a nursing home is running around $75,000 per person. Having insurance won’t be much of a help since most insurance plans do not cover the costs associated with a nursing home.

Will Updates Can Require Care

It isn't uncommon for a new client to walk into an estate planning attorney's office and ask if the attorney can make a quick update to a Will. While updating a Will is possible and is generally not difficult, there are often complicating factors which will require you to take more time and to think carefully about how your updates will affect your estate plan. Here are a pair of issues you want to think about if you are intent on updating or changing your Will.

Pet Planning Solution: Pet Trusts

Estate planning involves making provisions for those that you care about, and with this in mind you must remember to include your pet. Yes, pet planning is an important part of any holistic estate plan and you must make sure that your pet will be properly cared for if you pass away first.

What to Do With Personal Items in Your Estate Plan

Many times it is not the big assets such as the house or bank accounts that cause fights among family members when an estate is divided. Deciding what to do with your personal items such as your favorite piece jewelry that has been handed down from six generations is what many people think of when they make an estate plan.

Why Wills - The Problem of Intestacy in Jamaica

You must not avoid writing your will. In fact, it is your voice after you death. Your family and loved ones will be certain of your wishes. A carefully written will can avoid your assets going to unintended individuals, eliminate contests over the distribution of your possessions, can be used to create a trust, economical relative to intestate administration, and a will can be easily amended to fit changing circumstances.

Trusts: An Alternative to Wills in Jamaica

Trusts are versatile, money saving instruments that are widely used to save on estate tax liability, ensure privacy, and provide for special needs in all situations. They must be explored as an alternaive to wills. What is a Will? - A will is a legal instrument that permits a person to make decisions on how his possessions will be managed and distributed after his death.

Estate Planning for a Child That Provides Caretaking Responsibilities

When parents of get older and have multiple children, one child may provide caretaking responsibilities for the parent. These added duties include care at home including chores such as cooking, cleaning, organizing, and any other duties that are associated with home care. Added duties can also include companionship and spending extra time with an older parent that may be lonely and alone otherwise.

The Gift Tax, the Estate Tax and Your Family's Future

It is important to be aggressive about tax planning in light of the heavy toll that the federal estate tax can take on your legacy. To be able to act intelligently you must gain an understanding of the taxation that is imposed on significant asset transfers and we will shed some light here.

Can Creditors Attack a Family Member's Inheritance?

It is a good idea to think things all the way through when you are engaged in the process of inheritance planning. Getting resources into the hands of your loved ones is of course the goal, but you would do well to consider the personality traits and financial capabilities of the people who will be receiving inheritances.

Deciding What Age a Minor Heir Will Receive Their Inheritance in an Estate Plan

Although it is difficult to think about your own mortality, if you have minor children under the age of eighteen then it is something that you must consider for their own protection and well being. The estate plan that you come up with when you are still alive will greatly affect and shape the course of their entire lives.

DIY Legal Documents Objectively Examined

Oklahoma City estate planning attorneys are licensed to provide legal services to their clients. They are bound by professional guidelines. That means you have a high degree of certainty that the documents that are prepared by a member of the Oklahoma Bar Association will stand up under the scrutiny of the probate court.

Unification of Gift and Estate Tax

To be able to proceed intelligently when you are planning your estate you must have an understanding of the relevant tax laws. There are those who think that it is not fair, but acts of giving while you are alive or after you pass away are taxable.

Reverse Mortgages vs. A Line of Credit – Which is Right for You

For many elderly Americans, the golden years are fraught with concerns over money instead of spent sitting on the front porch sipping iced tea. Social Security does not provide the average retiree enough income to live on comfortably. Employer sponsored pensions and retirement accounts are virtually unheard of anymore.

Don't Wait for an Estate Plan

The Jefferson’s was always one of the funniest television shows around. It's still funnier than most of the shows that have come afterwards. What is not funny is what has happened to the star of the show, Sherman Helmsley, after he passed away. I mean literally what has happened to him. He died two months ago and his body has still not been laid to rest.

Probate Avoidance Would Have Helped Hemsley

There are certain pitfalls that go along with this and you should be aware of them before making any final decisions. During probate anyone who wanted to contest the will could step forward and present his or her case and the probate court would hear these arguments.

Estate Planning When One Child is More Successful

Some families are blessed with a child that is extremely successful in terms of wealth. This condition can make planning an estate more challenging than it would normally be. Making an estate plan as a parent that has one child that is more successful than the other children can present some difficulties if you do not properly plan ahead.

Lawyer Accused of Forging Power of Attorney, Murder in Dad's Death

An interesting case in Missouri has made headlines recently regarding the use of an alleged forged estate planning document resulting in first-degree murder charges. William Van Note, a 67 year-old retiree, and his long-time girlfriend, Sharon Dickson, were shot during a home invasion in 2010, killing Dickson and critically injuring Van Note, wounding him with a gunshot to the head.

Estate Planning and Former Spouse Beneficiaries

The process of divorce is extremely emotional and stressful for people, so, as a result, it is quite easy to overlook important details. One such important detail to remember after receiving a divorce is to check the beneficiaries listed on any life insurance policies, wills, trusts, IRAs, 401(k)’s and other employer-provided plans or similar documents.

Are All Conditional Gifts Valid?

There is nothing unusual about making an inheritance conditional on something else. Conditional gifts are as old as estate planning itself. For example, inheritances are often conditioned on the heir or beneficiary reaching a particular age or graduating from college. Most people do not see any controversy in these conditions.

Retiring Without Spending Everything

Many people have a very similar problem. They want to know how to save enough for their own retirement and still have money left over to leave an inheritance to their children. It is a problem that does not have any easy answers.

Don't Wait Until After the Election

On our blog, we have recently been posting about the Presidential candidates proposals for changing the estate tax and investment taxes. The two candidates' proposals couldn't be more different, especially on the estate tax, which Romney would seek to eliminate. Because of the uncertainty about who will win the election, some people might be tempted to put off getting an estate plan until after the election. That would be a mistake.

Should I Appoint Co-Trustees?

For many people, a comprehensive estate plan includes one or more trusts. Trusts offer numerous advantages such as flexibility, control and both tax and probate avoidance in some cases. Although there are a wide variety of trusts that you can choose from when you decide to create a trust, all trusts require the same basic elements to start—a beneficiary, a trustee and funds.

How to Protect Against Identity Theft

In today’s digital age, identity theft is a serious concern for everyone. Not only is stealing an identity potentially easier in the electronic age, but once an identity has been stolen, a considerable amount of damage can be done in a relatively short period of time. Sometimes, the damage cannot be repaired, leaving victims without their life savings in their golden years.

Hidden Assets That Warrant an Estate Plan

One of the most common reasons people give for not creating a comprehensive estate plan is that they do not believe they have enough assets to warrant creating one. While there are reasons apart from assets why creating an estate plan is important, you might also be surprised at the hidden assets you have that do warrant creating an estate plan.

Do Not Underestimate the Size of Your Estate When Making an Estate Plan

Making an estate plan is an important step in taking control of your financial life, but you must have an accurate and complete picture of your overall net worth and potential for growth of your net worth in the future. It is very easy to underestimate the size of your estate when making your estate plan. This could potentially be harmful for your estate and reduce the amount that your heirs receive.

Types of Probate Property

What does it mean when an attorney tells you that something is probate property? What about non-probate property? If you don’t know, then you should keep reading. When someone dies, he or she is called a decedent, and the property that they owned will be classified as being either probate property or non-probate property.

Achieve Three Objectives With Alaska Trusts

It is nice to be able to achieve multiple objectives through a single action and in many cases this can be done in the financial planning field. For those who are seeking asset protection, income, and estate tax benefits, Alaska trusts may be just one of these very efficient multipurpose tools.

Recent NBER Findings Can Provide Motivation

Sometimes you can be motivated by the difficulties that others have experienced and avoid the pitfalls that led them into unenviable positions. With this in mind we would like to highlight the findings of a study of interest to the elder law community that was recently conducted by experts associated with the National Bureau of Economic Research.

Will Writing to be Regulated in the United Kingdom

Why regulation of will writing in the UK is a good thing. Good news. In the UK will writing is going to be regulated by approved regulators. This means that anyone who writes a will or someone else must pass exams, keep up to date with recent developments etc.

The Dangers of Estate Plan of Jointly Titling Bank Accounts with a Child

When one is coming up with an estate plan there is a common practice that some people engage in. That practice is putting their name on a bank account with their child or what is also known as having the bank account titled jointly. There are reasons to title a bank account jointly with a child that would convince someone that this would be a good idea.

Consumer Reports: Don't Go DIY Route with Last Wills

When websites that offer do-it-yourself estate planning documents started to appear and advertise aggressively licensed attorneys began cautioning people about utilizing these downloads and worksheets. There is really no substitute for legally binding documents constructed by a licensed professional who is a member of the Bar Association right here in the state of Nevada.

Celebrity Estate Planning News: Hemsley Will Contested

We like to pass along news about the estate planning successes and failures of celebrities from time to time and there is an interesting situation unfolding around the estate of the recently deceased comedic actor Sherman Hemsley.

Will Your Funeral Be What You Wanted It to Be?

For many of us, how our funeral is handled when we die is important. You may have very specific ideas about what type of service you want and whether you wish to be buried or cremated. Although you may have expressed your desires to family members or loved ones, there is no guarantee that those desires will be taken into account when you actually die.

Legal Professors Examine DIY Last Wills

When you are looking for the facts with regard to products and services a highly respected go-to resource is Consumer Reports. Their website and their hard copy magazine are great sources of information, and their research is conducted in a totally objective and unbiased manner.

Sharing Information With Your Estate Planning Attorney

When you finally decide that it is time to make your estate plan you will have to schedule a meeting with an estate planning attorney. There will come a point when the conversation with your estate planning attorney may get uncomfortable or personal and you feel that you should not reveal everything and hold some information back.

Challenge to Actor's Will Demonstrates Probate Pitfall

People sometimes choose to take steps to enable the future transfer of their assets to their loved ones outside of the probate process. When you use a last will your estate must be probated, and there are certain pitfalls that go along with this course of action.

Legal Professors: Do-It Yourself Notions Not a Viable Substitute

Consumer Reports magazine tackled a subject that is near and dear to estate planning attorneys recently and we would like to pass along the results. You may be aware of the fact that there are some websites on the Internet that will provide visitors with do-it yourself estate planning documents.

Honoring Your Last Wishes – Are You Sure Your Family Will Do So?

When it comes to honoring your last wishes regarding your funeral and burial, are you sure that your family will do so? What if you want to be buried in an Elvis costume? Or maybe you want to be cremated and your wife doesn’t believe in cremation. It could be that you have always wanted an Irish wake when you die but your family cannot imagine such a thing.

Trusted Source: Do-It-Yourself Last Wills Are Not a Good Choice

Estate planning attorneys will tell you to take pause before assuming that you can simply and easily execute your own estate plan using downloads that you purchase off the Internet. While the discerning individual may see the obvious logic here, there are those who take a more cynical approach. They suggest that attorneys would guide you away from these do-it-yourself resources because they are in the business of drawing up legally binding documents for their clients.

3 Tips for Vacation Planning and Your Estate Plan

The average American probably spends a lot more time planning for a vacation than they do planning their estate. If you haven't already done so, vacation planning can provide you a good reason to begin your estate planning efforts. All you have to do is think about what might happen to you and your family if an emergency should arise while you are on vacation.

Co-Ownership of Property and Avoiding Probate – 3 Questions

Question 1: Are There Different Types Of Co-Ownership of Property? Yes, and not all types of property co-ownership avoid probate. The different ownership types include tenancy in common, joint tenancy with right of survivorship and tenancy by the entirety.

When You Need to Update Your Will, Use Caution

If you have created a last Will and testament you know that it took some time and effort to create a document that served your individual situation and your desires. Likewise, if you have experienced a significant life change or have changed your mind about your will decisions, you should know that making changes to the will may also require the same attention to detail.

Early Action Leads to Comfortable Retirement

When you are a young adult you have a unique opportunity. You can make the choice to begin saving for retirement early on during your career. If you do you will be very happy about making that decision later on.

Help Relatives Now, Reduce Future Tax Burden

Success is the name of the game, but unfortunately the fruition of your financial goals can present some tax challenges. If your assets exceed a certain amount after you pass away your heirs are potentially subject to the Federal estate tax.

Scratch Below the Surface before Using Joint Accounts

There are times when you may hear someone make the case for a simple solution to a complex problem and find yourself buying into this self-styled notion. When it comes to estate planning, you would do well to scratch below the surface and think long and hard before adopting pseudo-solutions that may be too good to be true.

Choosing the Estate Plan You Want or the Estate Plan You Need

There comes a time when you must decide what your estate plan will ultimately look like. Plans for your estate come in many different forms, but one key distinction to make between choices is the plan you want versus the plan you need. The plan that you want may not always be the plan that you need.

A Grandfather's Privacy

A client recently shared a story with me. He explained that when he was a young child, he used to spend a lot of time at his grandparents' house. They always treated him kindly and had fresh, homemade food. He loved his grandmother's pickles. As he got a little bit older, he started asking them about various things. They always did their best to answer his questions. Looking back, he said that many of their answers were not exactly accurate, but they were not harmful either.

DIY Savings Can Be Costly in Long Run

Sometimes you make a decision that seems like an economical one at the moment, but this attempt to save money can actually have the reverse result. In the end unintended consequences can arise and they can sometimes be extremely costly. This is something to keep firmly in mind when you are thinking about constructing an estate plan on your own using an online download of some sort.

Joint Accounts? It's Not That Easy

There are those who decide that opening a joint account or accounts is a substitute for a properly constructed estate plan. After all they reason, if you have a last will professionally drawn up you will be choosing an executor. This is going to have to be someone that you trust to take care of things in accordance with your wishes.

Do You Have a Spendthrift Heir?

If you have a spendthrift heir you may want to take steps to make sure that this family member does not burn through his or her inheritance too quickly. Once you are gone this inheritance can be the only thing standing between a particular individual and extreme financial hardship, so the stakes are high.

NBER Sheds Light on Plight of Many Seniors

The National Bureau of Economic Research recently took on the subject of retirement preparedness. There are some 10,000 baby boomers applying for Social Security every day and this volume is expected to continue for some 20 years. As a result, huge numbers of people are approaching retirement and experts in the elder law field are looking for answers with regard to just how these individuals will fare economically during their senior years.

How Do I Get UK Probate for an Australian Citizen?

If you are the executor of an Australian person who had assets in the UK you may have to get the Australian grant of probate resealed in the UK before you can access the assets. What do you do if you are the executor of an Australian who dies with assets in the UK? Unfortunately you will probably need to get the Australian probate resealed in the UK.

It's Your Choice: Plan Now or Pay the Price Later

When you are a younger adult you may well have a difficult time wrapping your head around the concept of aging. It can seem as though retirement planning is something that you really don't have to think about until you are much older. The above is understandable because we all have day-to-day challenges that we must address and it can be hard to think about the future.

Surprises Are a Bad Thing for an Estate Plan

Everyone likes a good surprise from time to time. There are some situations where a surprise can be welcome. An estate plan is not one of these situations. A surprise in an estate plan can lead to difficulties and difficulties can cost your estate money.

Easily Avoidable Estate Planning Mistakes in PA

While it is possible to effectively complete your Pennsylvania estate planning without the guidance of an attorney, the slightest error in planning or updating your estate planning documents can have catastrophic consequences for you, your estate, and your loved ones.

Estate Planning and Your Internet Identity

These days many of us spend a lot of time online.The emergence of the Internet has made it possible to socialize with people all over the world on an ongoing basis from the comfort of your computer chair or for that matter, anywhere that you choose to go with your laptop or smartphone. This reality is something to keep in mind when you are engaged in the process of estate planning.

Why Do Estate Planning Attorneys Not Provide Their Pricing Upfront?

When a person calls an estate planning attorney, they will likely ask for the cost of their services. Instead of getting an upfront price you are given a range of prices, but why does an estate planning attorney not offer upfront pricing?At first it may seem like the attorney is hiding something, but there are valid reasons as to why giving an upfront price is not an option for estate planning attorneys.

Wartime Veterans May Face Look-Back Period

There are certain benefit programs that senior citizens often rely on such as Medi-Cal that have upper resource limits. You cannot qualify for the program as a way to pay for long-term care if you have countable assets that exceed a certain amount. As a result, Medi-Cal planning can include giving away resources to your children and/or grandchildren as a way to stay within the limits. After all, they would be inheriting these resources anyway after you pass away.

Kinkade Estate Battle Could Last a Year or More

A lawyer involved in the Thomas Kinkade estate battle has said that the case could drag on for a year, and possibly more, according to a story in the San Jose Mercury News. The attorney ,Douglas Dal Ceilo, says that it could be a year or more before the California probate court hears oral arguments on whether the handwritten notes purported to be Mr. Kinkade's constitute a valid last will and testament under California law.

Dovetailing Disabled Adult Child Benefits with Supplemental Security Income Benefits

A short window exists for a special needs child who is near age 18 to qualify for SSI by meeting the definition of disability. There is a distinction between SSI and DAC benefits. It is important to consult with an attorney who has expertise in both public benefits and special needs planning as both benefit rates and qualifications can and do change.

Dementia: Yes, It Can Happen to You

Some people are prone to adopting the "it will never happen to me" point of view, but these are the same individuals who often find themselves in difficult situations due to a lack of preparation. This is something to keep in mind when it comes to incapacity planning. Believe it or not,the likelihood of contracting dementia later in your life is very significant.

Probate News: British Entertainer Winehouse Had No Will

They say that you should not always believe what you read, and along these lines we have some celebrity estate planning information to update. Last summer the talented young singer Amy Winehouse passed away at her London home. Whenever a celebrity dies people become interested this individual's estate,and certain assumptions can be made about someone like Amy Winehouse.

Grantor Retained Annuity Trust Strategy Used to Perfection

One of the things that separates professionals from others is the fact that professionals have the right tools for the job and they know which tool to use depending on the situation. This is true of estate planning attorneys and it is one of the reasons why you would do well to obtain legal counsel when you are planning for the future.

Marshall Estate Will Not Go to Anna Nicole Smith's Heirs

Estate planning is not a matter of visiting a legacy planning attorney one day,drawing up some documents, and then tucking them away in a lockbox somewhere forever. Many people don't recognize the fact that estate planning is an ongoing process, and this is partially because of the fact that they don't necessarily anticipate any profound changes taking place in their lives.

Estate Tax to Impact More Americans in 2013

There was once a time when being a millionaire implied that you were truly of the upper crust.The commonly held wisdom was that a millionaire could live forever on the interest alone and that million dollar figure took on a magical allure. Nowadays things are quite a bit different and everyday people who work hard and do the right things could find themselves with assets exceeding $1 million.

What You Should Know About Guardianship, Living Wills, and Power of Attorney for Older People and Their Families

Introduction - Adults who become incapable of caring for themselves, their property or their dependents may have a -guardian appointed for them. However, guardianship can be avoided through tile use of living wills and powers of attorney. In such circumstances, personal preference can be respected without the need for court appointed guardians.

When Parents Reach Old Age, Bringing Up Finances Can Be Difficult

As life spans continue to increase and more people are living in extended family environments,many are having to deal with financial issues that affect their elderly parents. In many situations these financial topics can be a taboo subject in the family, especially when the elderly parents have a lot of pride and are reluctant to speak about financial difficulties.

Estate Planning Tips for Your Vacation

Whether you took a summer vacation this year,are planning on traveling for Labor Day,or are planning some time away for the holidays you probably didn't give much thought to estate planning when making your vacation plans. This is natural,but it's also a prudent choice to spend a little time thinking about what might go wrong and whether you'll be prepared.

Ice Cream, You Scream, Heiress of Carvel Screams ‘Trust Fund’ Here in Palm Beach

Nearly two decades on, the legal battle over the assets of the Carvel ice cream franchise, founded here in West Palm Beach, continues, with West Palm Beach legal services stepping in to get involved. The story goes that ‘Mr. Carvel’ founder and his wife had executed identical wills that placed their assets in trust for the benefit of the surviving spouse, stating that any remaining be deposited to a charitable foundation.


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