Estate Planning Law Articles

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

Seniors Have Increasing Amount of Debt

While many Americans have been hit hard by the recession, baby boomers and elderly Americans are increasingly more in debt than they have been...
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Probate Courts Handle Numerous Issues

A good estate plan is, often, one that will avoid any probate court complications, thus saving your estate time and money. While probate courts...

The Strange Language of Wills – A Quick Guide

Most people don't spend their daily lives dealing with the language of the law. Because of this, it’s important for anyone creating a Will to...

Medicaid Fraud Accounts for Billions Lost Each Year

The costs associated with the growing number of Americans who have fallen into poverty and are relying upon Medicaid for health care insurance...

Common Questions about Medicaid Planning

While many people make Medicare coverage part of their retirement plan, not everyone knows that Medicare doesn't pay for long-term care...

How to Minimize or Eliminate Taxation of Your Retirement Accounts at Death

While retirement accounts do provide healthy tax incentives to save money during one’s lifetime, most people don’t consider what will happen to...

Ohio Estate Tax Being Repealed

You might think that you would be able to leave behind resources to your loved ones after you pass away fully intact. After all, whatever you...

Future Health Care Expenses Can Be Considerable

When you are enjoying your prime earning years you have a certain amount of financial power. Once you retire you may find yourself living on a...

How Not Having an Estate Plan Can Hurt Your Family

It's very common to come across news stories about disputes that arise after a famous or wealthy person has died. These family conflicts often...

Divorces and Your Estate Plan

Estate plans do not come in a one-size-fits-all product, and all estate plans need to be changed whenever certain life events arise. Divorcing...

You Need an Expert Estate Planner, Not Just Any Attorney

Everyone needs an estate plan. If you are smart, you know that you need an attorney to draft your estate plan. Estate plans have legal...

What Your Children Need to Know About Your Extended Care Plan or, Your Lack of One

In a small majority of states, adult children of elderly parents may be required to pay for the parent's long-term care expenses if the parent...

Crossing State Lines with Your Estate Plan

Moving to a new home probably means making long lists of Things to Do. If you’re moving across state lines, be sure to add an Estate Plan Review...

Something is Not Right about My Parent

If you have recently lost a parent, you are undoubtedly going through the grieving process that follows such a deep loss. The loss of a parent...

The Future of Social Security

If you have worked hard all of your life, and are at the point where you are starting to think about your golden years you are probably counting...

What Happens When You Fail to Plan for the Possibility of Your Own Death

Death is not a popular topic for obvious reasons. Most of us prefer not to spend much time thinking about the possibility of dying, at least not...

The Hurdles Faced by America

If you are one of America’s farmers or ranchers, estate planning includes some significant hurdles for you that it does not include for other...

Estate Planning for the GLBT Community

Marriage in the United States is much more than an emotional commitment between two people--it is an official status that comes with numerous...

An Example of Why Estate Planning is So Important

Although you may not know the name, you have probably read the novel or seen the movie based on the novel The Girl with the Dragon Tattoo, which...

Veterans Benefits Can Provide Financial Security

As you are thinking about the quality of life that you will lead as a senior citizen, you must be pragmatic about your present-day actions....

Who Will Represent Your Estate?

Once you have drawn up your Last Will you have taken an important first step, but things are not going to simply take care of themselves when...

Can I Challenge My Mother’s/Father’s Last Will and Testament?

Losing a parent can be one of the most emotionally difficult times you will ever have to face during your lifetime. Sitting down to hear the...

Can You Really Become a Lord of the Scottish Highlands for Less than $50.00?

Some would have you believe that Scots law allows anyone to be the Lord of, if not all he surveys, at least a square foot of the Scottish...

What Probate Courts Do

Many people are unaware of probate courts and what they do. If you've begun your estate planning efforts you may know that probate courts are...

Save Money and Hire an Estate Planning Attorney Now

People like to make money. Estate planning attorneys are not any different. Most people, however, like to make money in ways that are not...

Medicaid Grows as Possible Healthcare Option in Estate Planning

A recent article in the Wall Street Journal highlights how Medicaid, especially after the passing of the Affordable Care Act is changing the way...

Warding Off Living Trust Disasters: Issues to Consider when Funding your Living Trust

A revocable trust can minimize or eliminate the supervision of probate courts; increase privacy, reduce expenses and costs; and simplify the...

Same-Sex Couples Continue to Struggle for Equal Rights to Partner’s Estate

With even the President of the United States openly supporting the rights of same-sex couples to marry the future looks brighter than ever for...

Executors Should Have Attorneys

If you have been appointed to be the Executor of a Will, you have a lot of work to do. The Executor needs to gather all of the assets of the...

Probate Court – More than Just Wills

For many people, creating an estate plan so that your estate can avoid having to go through probate is one of the main goals of beginning the...

Estate Planning Tools for Family Farmers and Ranchers

Family farms and ranches face some of the same estate planning obstacles as any other business; however, there are some aspects of estate...

How Much Control Should You Retain over Your Heirs?

Many people wonder how much control they should retain over the assets they leave to their heirs. Some people want to just give them everything...

A Rudimentary Glance at Revocable Living Trusts

As you are making preparations for the future you are going to want to discuss all of the possibilities with an experienced local Indianapolis...

Have You Selected a Probate Attorney?

There is an old saying about "things taking care of themselves," but do things really work that way? Perhaps some matters can fall into place...

What Do You Do if Someone Dies with Assets in the UK who is Not a UK National?

Summary of the process for obtaining UK probate if a non UK resident dies dies with a bank account, shares or other assets in the UK. Non UK...

How Anticipating Future Problems with Powerful Estate Planning Documents Can Save You Time and Money

This article discusses ways to beef up your California estate planning documents in order to minimize costs. Want to save money with wills,...

Living Trusts: Three Basic Components

Once you start to get serious about exploring your options regarding vehicles of asset transfer, you may recognize the value of revocable living...

Medicaid Costs Leading to Decreased Coverage

Though the recession officially ended in 2009, states are still struggling to cope with the massive increase in Medicaid expenses associated...

Learn about Your Estate Planning Options

Many people would rather draft their own Wills by using forms provided by online legal service companies instead of hiring an estate planning...

How to Financially Protect Your Partner - Estate Planning for Same Sex Couples

With President Obama’s recent public announcement in support of the right for same sex couples to marry, the tide may finally be turning for...

Can I Count on Social Security Retirement Benefits?

Anyone over the age of about 40 should be aware that the Social Security retirement system has problems. We have all heard the warnings. Unless...

The Structure of a Trust

If you were to decide to use a revocable living trust rather than a last Will to facilitate the transfer of your assets after your passing you...

Getting a Divorce Means Changing Your Estate Plan

Married couples planning on divorcing sometimes under estimate the extent to which the divorce will impact their estate plans. Not only will you...

A Few Words about Will Words

Making a Will is not typically a difficult process, though it can require a little bit of study to make the process go more smoothly. There are...

Do You Have a Specific Funeral Vision?

If you let the chips fall as they may with regard to funeral arrangements they are not going to fall into a void. The responsibility is going to...

Estate Planning Guide When Legally Separating

In some situations, a married couple may decide to separate legally, instead of divorcing. While a legal separation contains very similar...

When a Family Heirloom Threaten an Estate – 3 Tips to Avoid Conflicts

Some of the most contentious fights between family members after a parent dies are not over the big items or the amount of inheritance but...

Making Estate Planning Easy

When you first start to think about what you want to happen to your property after you pass away it is very easy to get confused. In estate...

Early Warning Signs for Arthritis

One out of every five adults, or about 50 million Americans, have been diagnosed with some form of arthritis. Though many of these people are...

States Struggling with Recession's Medicaid Cost Legacy

The lingering effects of the recent economic downturn are still being felt as states continue to struggle with their Medicaid budgets. A new...

Can I Challenge a Family Member’s Last Will and Testament?

A person’s Last Will and Testament may be the most important legal document that he or she ever creates. As such, it should be created after...

Funeral Arrangements: The Choices Are Yours to Make

To be comprehensively prepared for the inevitable you must consider all of the basic hand to mouth details. One of these would be funeral...

The Legacy of Dick Clark

There have been precious few individuals in the history of the entertainment industry who have had the type of impact that Dick Clark had over...

Action Required in Light of Widespread Dementia

It can be challenging to wrap your head around the possibility that a time may come when you may be in a much different mental and physical...

Is a Trust Better Than a Lump Sum Inheritance?

People who do not have a lot of money often dream about what they would do if they suddenly received a windfall. They think about how they would...

Medicaid Planning and Your Estate Plan - 3 Questions

Let's say you've gone through the trouble of writing your will, readying your powers of attorney, and have developed an estate plan that meets...

Preventing Family Fights over Your Estate

Even the best drafted estate plan in the world cannot guarantee your family will get along after you pass away. Sometimes, family fights over an...

Expiration of Tax Relief Package Approaching

The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 is scheduled to expire, or sunset, at the end of the year....

Wills: Avoiding DIY Wills - Bahamas Probate Issues

None of us can avoid life’s eventual certainty of death, but you can avoid substantial problems arising on death by making a Will. One of the...

Larry Hillblom - A Perfect Reason to Update your Will

Although not a new story, the story of Larry Hillblom bears repeating as an example of why estate planning is so important and why updating that...

Common Arthritis Red Flags

An estimated one out of every five American adults, or about 50 million people, will experience arthritis at some point. Though it's commonly...

Larry Hillblom - How Bad Estate Planning Plays Out in Real Life

Warning people about the possible consequences of bad estate planning is akin to warning people about the dangers of smoking -- they know it’s...

What a Personal Property Memorandum Can Do for your Estate Plan

When you make a will as part of your estate plan there is a portion that is reserved for specific bequests or items that you want to give to a...

Personal Estate Property – Avoiding the Headaches

Anyone who spends any amount of time in estate planning circles knows that some of the most bitter family disputes that arise after a parent die...

3 Common Alzheimer's Disease Warning Signs

Dementia is a symptom of Alzheimer's disease, though it can also occur as a result of other medical conditions. Alzheimer's and dementia produce...

Health Insurance Portability and Accountability Act

When you are planning your estate it is important to address all of the matters that are relevant to people who are entering their twilight...

Issues in Social Security – Proof of Marriage

India and Vance had been married for 27 years at his death. When she turned 62 she applied for widows benefits. Social Security requires as part...

Long Term Care: Home Based and Community Services

Most people when they think of long-term care think of care in a nursing home. The majority of people only enter a nursing home when their needs...

Probate Laws and Your Estate

Estate planning is sometimes an uncomfortable topic of conversation when one is referring to probate law, and when speaking about probate at all...

Educational Giving

Acts of generosity are beautiful things for the most part, but there is a reason to proceed with caution when you are planning your estate for...

What Can your Durable POA for Health Care Do?

A Medical Power of Attorney (POA) or Durable POA for Health Care is a legal document that allows you to provide a plan for your medical care...

May I Create a Joint Medical and Financial POA

During incapacity planning you may use a Durable Power of Attorney for Health Care and a Durable Financial Power of Attorney to handle your...

Divorce and Naming a Guardian for Your Children

It really doesn’t matter if you are divorced or married, naming someone to act as the guardian for your children is probably the most important...

It Could Happen to You, Every Parent’s Nightmare

If you are the parent of young children, the last thing you want to think about is what would happen to your child if you were not there to...

Benefits of a Life Insurance Trust

An Irrevocable Life Insurance Trust (ILIT) is a Trust used to hold your life insurance policy. Upon your death, your life insurance policy can...

Blended Families

Estate planning for blended families adds a layer of complexity. Each estate plan will differ based upon personal and financial goals as well as...

Family Line Protection

Estate planning affords you a myriad of choices and opportunities. This includes the opportunity to protect your assets so they stay in your...

Keep an Eye Out for these Alzheimer's Warning Signs

The chance that a person will develop Alzheimer's disease increases significantly after the age of 65. Almost one out of every eight people will...

What’s the Deal with Estate Taxes?

Estate taxes are federal taxes placed upon any estate above a certain net worth. The net worth of an estate is the value of all property and...

Have You Saved Enough for Retirement?

You should be saving funds for your retirement each month. To determine how much to set-aside from your paycheck, calculate the total amount you...

Settling an Intestate Estate

When an estate has a Last Will and Testament or a Revocable Living Trust, that document will determine which heirs inherit which assets. If...

Do I Really Need to Worry about Social Security?

We have all heard the warning for years now about the Social Security retirement system. Some analysts issue warnings that are dire predictions...

What Happens When You Don’t Update Your Estate Plan - The Stieg Larsson Story

Stieg Larsson, for those of you who can’t place the name offhand, was a Swedish journalist and right wing political activist for most of his...

Settle Your Own Affairs

Every new survey has a different percentage of Americans that do not have a Will or any other type of estate plan. The latest survey from Rocket...

Year-End Tax Increases Getting Closer

Now that we are getting well into the year it is important to recognize the fact that there are some significant changes to the tax laws...

Planning was Essential for TV Icon Clark

At the present time the details regarding the way that the late TV icon Dick Clark planned his estate have not yet been made public. One thing...

Reasons Why Planning for Your Death is So Important

None of us really like the idea of sitting down and planning for our death, yet as the old saying goes “the only things that are certain in life...

What Happens If You Don’t Plan for Your Death

We have all heard how important it is to create an estate plan. Despite this, many people put off creating one. We all also know how important...

Pet Estate Planning - 3 Questions the Pet Trust

A pet trust is a trust you create specifically to provide for the care of your pets after you die. The trust is typically created when you...

Who Needs an Elder Law Attorney

As people continue to live longer and medical science continues to make improvements, elderly people often face a range of legal topics that...

How to Use a Personal Property Letter – 3 Tips

When you create your Last Will and Testament you want to make sure the document addresses all the “big questions” about your estate such as who...

3 Alzheimer Warning Signs

According to the Alzheimer's Association, there are a variety of warning signs and symptoms that may indicate the onset of Alzheimer's disease....

3 Reasons Why Parents with Young Children Need an Estate Plan Now

Reason 1: Your children will need a guardian. - In the event that both you and your spouse should suddenly be killed or injured so severely that...

3 Reasons to Avoid Probate Court

Even those who have no experience with estate planning issues may have heard of probate court and the probate process. Probate is simply the...

Estate Planning When Living Together Outside of Marriage – 3 Key Issues

Issue 1: Making medical decisions If you and your partner have been living together for years and one of you should suddenly fall ill, the...

Decanting Your Irrevocable Trust – Two Issues

An irrevocable trust by its nature is not one that is easily changed, which is why it's referred to as “irrevocable.” However, there are some...

The Rewards of Legacy Planning

As you are inventorying your assets in order to execute your estate plan, you may find that you have the ability to make an impact well after...

Moving? You May Want to Check Your Estate Plan

Moving can be an incredibly stressful time. Even if you've planned well and the move goes without a hitch there are a lot of potential legal...

LGBT Couples and Estate Planning

While the situation is getting better, the law still makes things more difficult for LGBT couples than for others. In many places an LGBT couple...

Just and Equitable

Property settlement agreements are a great way for parties who are separating or divorcing to settle property issues amicably and to their...


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