One goal of estate planning is to plan for the unforeseen. To do this, in most estate planning documents, a successor is typically named for each primary role. That way, if the primary person(s) that have been nominated in a given role become unavailable or unwilling to act in the role assigned, the successor can […]
I field this question every day. My response is always the same, it depends. So, when should someone consider a Trust-based estate plan*? Well, here are a few things to consider: Do you own property in another state? If so, a trust may be a good way to prevent the need for multiple probate proceedings. […]
Many of us come across the thought of organ donation for the first time when we apply for a driver’s license. Usually at that young age, it is a topic difficult to consider and oftentimes disregarded. As we age we begin to consider the opportunity each one of us has to save another’s life with […]
In previous posts, the importance of having a Power of Attorney has been discussed (see Maggie Green‘s “The Power of Attorney In Real Life” and my post “Powers of Attorney: The Basics”). In general, the document is a good one to have while you are alive to ensure that important documents and other financial matters […]
In my previous post, I discussed the basics of a guardianship. In this post, I discuss terminating a guardianship when the Ward has regained mental capacity. For example, perhaps the Ward has a brain injury from an accident or a stroke, but after a couple years of therapy she has recovered enough so that a […]
Given the prevalent role families play in providing long-term care, insurance may not always seem necessary. However, as briefly discussed in my last post on the basics of long-term care insurance, the true value of long-term care insurance involves protecting the wellbeing of loved ones. Even though spouses and adult children are often willing to […]
Statistics have shown and there is little denying that long-term care will be in most of our futures at some time and to some extent. It also seems to reason that the premiums/costs to insure against this almost inevitable risk are far less than the cost of paying these fees out of pocket. We can […]
Some people continue to ask why they need an estate plan, especially since Congress passed the American Taxpayer Relief Act, which made the $5 million federal estate tax exemption permanent. The question is often, “If my estate is under $5 million, why do I need an estate plan or need to be concerned with any […]
Make this your new year’s resolution. Or don’t. Either way, these six things should give you peace of mind that your family and friends will not struggle through the probate process. 1. Make a list of your stuff Create a simple list of your assets with corresponding values – use a ballpark value if you don’t […]
Last week, The New York Times ran a piece called “Help for Planning End of Life Care.” The blog post, by Paula Span, discusses a new website called Prepare, which is to help people prepare for their death and communicate their end of life wishes to their loved ones. Here at Epilawg, we have talked […]
People need fiduciaries for a variety of reasons, but this article is written with elderly people who are incapacitated by dementia in mind. Dementia is an umbrella term that describes a variety of diseases that affect memory, attention, language, and problem solving abilities to such an extent that daily living is seriously affected. I […]