Oftentimes, potential clients tell us they have a Will (excellent!), but that they would like to make a couple small changes to it. So, they ask, can they simply amend the Will, instead of having a whole new Will drafted? Whether these people know it or not, they are requesting a codicil to their Will. […]
Name: Kimberly M. Hanlon Employer: Kimberly M. Hanlon, LLC Position: Attorney at Law Location: Minneapolis, MN Education: J.D. from the University of Tulsa College of Law
The handsome cat in this picture is Frank Sykora. He is my family’s cat and we love him like he is a human. Frank (or as we refer to him, Frank S.) spends most of his days sleeping and most of his nights protecting our home from critters and vermin. It is a tough job, […]
Often, many of our clients ask how a Will or a gift might be contested by others. One of the main ways is by contesting the testator’s or donor’s mental capacity when the Will was signed or the gift made. The type of capacity needed for each is slightly different.
In a previous post, I discussed the circumstances under which a surviving spouse could be completely disinherited by the decedent spouse. There are other circumstances where the surviving spouse can elect for a specific share of the decedent spouse’s testate or intestate estate that the spouse would not otherwise be entitled to, but for the election. This […]
We discuss often here at Epilawg about the importance of having an estate plan in place prior to your death. However, we all know that many die without a will, or intestate, thereby causing state statutes to decide who will receive property and assets of the intestate estate. In other words, the state will decide which family […]
As discussed in a previous post, being appointed a Personal Representative of an estate can take lots of time and work. Besides this time and work, in some instances described below, the probate court will require a bond on the Personal Representative. A bond is issued by one party, the surety, who guarantees that the Personal […]
A majority of states statutorily provide a surviving spouse with the right to inherit a percentage of the decedent spouse’s estate, even where the decedent spouse’s will evidences an intent to disinherit the surviving spouse. This statutory provision is often referred to as the surviving spouse’s “elective share” of the decedent’s augmented estate. The share […]
The Uniform Transfers to Minors Act (UTMA) provides for a convenient way to make gifts of money and other items to minors through the use of a custodial account. Created in 1986 by the Uniform Law Commissioners, nearly all states have adopted the UTMA. The UTMA is sometimes still referred to by its predecessor, the Uniform […]
Although much attention is generally given to the federal estate tax, many never realize or consider that some states also impose their own taxes upon the death of an individual. State Estate Tax Like the federal estate tax, an estate tax imposed by a state is based on the value of the deceased person’s estate, […]
Since I am an estate planning attorney, clients, family, friends, and even strangers, often ask about what happens to any debt they may have at their deaths. Most often, people are concerned about whether loved ones will “inherit” debt. The short answer is that your estate is responsible for paying off the balance of any […]