Category Archives for Estate Planning

Should You Include Additional Instructions With Your Will

I have frequently written about letters of intent as a means for parents of disabled children to express their wishes regarding care for their child if the parent should die. There are other reasons why, when drafting your Will and related documents you might consider a Letter of Instruction in another context. Wills typically do […]

Continue reading

When Bankers Say You Need A Trust, Do You Really

trust estate planning

One of the most confusing questions involved in estate planning is whether you need a Trust or will a simple Will work just as well. The answer in an individual case depends on the facts of your case and also what you are trying to accomplish. You might be told that you must have a […]

Continue reading

How Grandchildren (and StepGrandchildren) Can Affect Your Estate Plan

ruin estate plan

There once was a time when planning for traditional families seemed to be simpler. Parents planned to leave everything first to each other, a process made easier by joint titling of their assets, and then, on the death of both, the estate would be divided, by Will, equally among their children. The term “per stirpes” […]

Continue reading

Muddling Through Is Stressful With Post Covid Changes

Notary_Covid_19

For several months now at least it has come to my attention that the stresses people are subject to post-COVID are very different from the stressors most of us experienced before. This is important to my law practice partially because, as an elder law attorney, my office is dealing with clients often under stress either […]

Continue reading

Divorce Can Ruin an Estate Plan – What to Do

Divorce_and_Your_Estate_Plan

Just when you thought you had everything planned for your estate down to the last beneficiary designations and the age at which your children would inherit, you might find an unpleasant reality that slips in not only to wreck your day to day living but also how your assets are to be distributed if you […]

Continue reading

What You Should Know When an Executor Sells a House

Lessons_for_Executor

You could have been named Executor in a Will or you could be a prospective buyer of what has been a family residence. From the perspective of an Executor/Executrix, selling the family house can be one of the most significant and one of the most demanding jobs associated with settling his/her parent’s estate. Arranging for […]

Continue reading

Do You Really Want To Handle Probating An Estate On Your Own?

Creative Use Of Real Estate

You might have a job or just have retired and you learn suddenly that your Great Aunt Lucy died and named you Executor of her Will. How hard could it be you ask to resolve an estate by yourself without professional advice or a competent professional beside you? You might decide to strike out on […]

Continue reading

Your Estate Plan Does Not End With a Will

ruin estate plan

Last year I began the New Year with a column reminding readers that a Will is not the same as an Estate Plan. The thought was important enough – and still is – that I thought it worthwhile to repeat and add to it. When you chose to write a Will you have taken an […]

Continue reading

Life Insurance Can Fill In Holes In Your Estate Plan

A recent article in the “AARP Bulletin,” titled “7 Things to Know About Term Life Insurance,” Tamara E. Holmes, October, 2023, brought to mind several ways in which life insurance, in this case term life insurance, can, among other things, plug up holes in an estate plan. Term life insurance, as the name implies, runs […]

Continue reading

How Much Should An Executor Be Paid for Administering An Estate

It is a good idea to settle the matter of your will at some point. It helps the family during a very difficult time, and is a good way to plan for the future carefully and with the benefit of time. With the help of a Will Planning Lawyer, these matters can be fully established […]

Continue reading

Yes. You Inherited a House – Now What?

If your parents left you their house in their Will and you are now the proud owner of a family residence you might consider yourself blessed or the event could act as a cause for concern or rethinking of your future plans. Will you live there? Have you resided there all along and do you […]

Continue reading

Reasons Why a Will Is Not Enough For An Estate Plan

With the beginning of the new year many readers may be looking to redraft their Wills executed years ago or starting out to review their estate plans generally.  Having attended several programs over time and drafted many estate plans I know the emphasis has almost always been on explaining Wills.  Today it is most often […]

Continue reading

Does A Life Estate Make Sense For An Estate Plan

Life estates have received some attention recently as a way to resolve partial ownership of a property.  Like any other estate planning tool it needs to be considered in light of the objectives of the parties involved.  A life estate is a form of joint ownership that allows one person to remain in the house […]

Continue reading

Estate Planning Is Not Just Tax Planning

Estate Planning Is Not Just Tax Planning

As April 15 approaches following massive changes in the tax laws with the Tax Cuts and Jobs Act, one consistent thought follows. Over the years as the tax code changes both for estates and individuals and corporations, proper planning considers not just taxes but the ultimate goals of the taxpayer whoever that taxpayer might be. […]

Continue reading

Why Revocable or Irrevocable Trusts for Estate Planning

trust estate planning

In dealing with Medicaid structuring and estate planning, I am often asked whether a trust could be the answer. Trusts are not an easy subject to understand.  Even with right answers, changes in laws, regulations and Court decisions could change the answer. Here are some ideas. Revocable (Living) Trusts.  A revocable trust can be changed […]

Continue reading