Finding Fiduciaries: General Considerations, Part 1


September 21, 2018
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Fiduciary selection is often given insufficient consideration in estate planning engagements. Too often the process of choosing a fiduciary is limited to the consideration of which family members are disqualified from acting as trustee; with little or no consideration of the skills required of a trustee. An attorney must help her client understand the fiduciary’s […]

Estate Planning for the Newly Divorced


September 13, 2018
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  Divorce is a time of massive change.  Change in schedule, change in routine, change in living situation, change in dynamic, change in budget – you name it, it changes after a divorce.  Many divorcing couples do not understand, however, that divorce should also be accompanied by a change in estate plans.  (An estate plan […]

Millenials Need an Estate Plan, Too


July 25, 2018
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I’m twenty-four.  I don’t have a home, a family I support, or any of the assets I typically see in an estate plan.  On top of that, I’m young and plan to live at least into my sixties, so what is the point in investing in an estate plan?  Over the past year learning more […]

The Missing Will


January 11, 2016
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The Missing Will Do you know where your original Will is located? You should, and so should your executor. The dilemma of a missing original Will has come up in the death of Melissa Mathison, screenwriter of E.T. the Extra-Terrestrial (1982) and ex-wife of Harrison Ford. Mathison died on November 4th as a resident of […]

The Right Way to Inherit


December 20, 2015
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While an inheritance is often considered a gift by the recipient, from a tax perspective, there optimal ways to inherit a retirement account. From the language used to designate the beneficiaries to important IRS-imposed deadlines, the manner in which a retirement account is inherited can significantly affect its value. If you are the beneficiary of […]

Year-End Estate Planning To-Do List


December 5, 2015
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The end of the year is an ideal time to review your current estate plan and confirm that you are taking advantage of all planning opportunities available to you. This includes not only tax planning, but also asset protection, probate avoidance, beneficiary designations and changes in your family and financial situations. On the other hand, […]

Privacy and your estate plan


January 19, 2015
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The British government announced recently that 4 million historical wills have been digitized and are now available for download by the public. As in the United States, these documents were previously available by traveling to the probate court and searching the available public records. Now anyone with an internet connection and a credit card can […]

Intestate succession for a blended family


November 18, 2014
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A married couple, of which each spouse has children from previous relationships, faces certain issues with regard to distribution of their estates. The most basic of these issues involves what happens if a spouse dies without a will. When any individual dies without a will, the statutory rules for the intestate succession dictate the distribution of […]

Godparents & Guardians: Two Different Roles


August 22, 2014
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I often hear in conversation (and I once believed this too!) that if a minor child has godparents, then the same people will be legal guardians of the child if something happens to the child’s parents. This is not true. Godparents and guardians are two different roles and are appointed in different ways. Godparents A […]