Revival of a Revoked Will

August 27, 2013

Earlier this month I discussed what is required to revoke a Will. Occasionally, however, testators wish to revive a revoked Will. Similar to revoking a Will, there are certain requirements to ensure that it is the intent of the testator to revive a previously revoked Will. If a testator wholly revokes a subsequent Will (Will […]

Credit Report Accuracy: Why It Matters

August 21, 2013

Good credit is the gateway to economic opportunity. Just ask Julie Miller of Marion County, Oregon. After being denied a line of credit at a bank, she discovered that her credit report contained errors. They included an inaccurate Social Security number, an inaccurate birth date, and 38 collection accounts that were not hers. She was […]

Funding Long-Term Care Insurance with a 1035 Exchange

August 19, 2013

Many people assume they cannot afford long-term care insurance to protect themselves and their families from the financial, emotional and physical sacrifices needed to provide long-term care for a loved one. However, long-term care premiums are a reasonably small expense when compared to paying for care out of pocket, as these costs can run as […]

Elvis Presley

August 16, 2013

January 8, 1935 – August 16, 1977 Today is the 36th anniversary of Elvis Presley’s death. Presley died at the young age of 42 at his home in Memphis, TN. However, even in death, Presley’s work, image and legacy have a strong earning power. In 2011, Forbes listed Presley as the No. 2 Top-Earning Dead Celebrity, […]

Revoking a Will

August 7, 2013

In Jayne Sykora’s article, Holographic Wills, she outlines the requirements for a valid Will. But what if you want to revoke your current Will? A testator can revoke a Will either in writing or by an act that expresses the intent to revoke the Will. Writing A written revocation of a Will usually occurs when […]

I Need a Revocable Trust … Right?

August 5, 2013

This statement (turned inquiry) may or may not be true.  It depends on a variety of factors and client goals.  Deciding whether to use a will or a revocable trust (a.k.a. living trust or revocable living trust) as one’s primary estate planning document is a question to be discussed with an estate planning attorney.  The […]

Special Administrators

August 1, 2013

When probate is necessary in order to administer a decedent’s estate, a Personal Representative must be appointed by a probate court. Personal Representatives and their duties, among other related topics, have been discussed often here at Epilawg, like: handling creditors’ claims, figuring out real property, and utilizing death certificates. In Minnesota, Personal Representatives can be […]

Avoiding Power of Attorney Abuse

July 26, 2013

In a previous post I spelled out the basics of the changes made to Minnesota’s Statutory Short Form Power of Attorney that will take effect January 1, 2014. As I mentioned, many of these changes were made to address the potential for abuse. Indeed, a Power of Attorney document gives broad and sweeping powers to […]

Uncomfortable Conversations

July 23, 2013

When speaking with my elderly clients I encourage them to have conversations with their children about their wishes.  Upon the mention of this suggestion, I have witnessed the change in demeanor of many.  I go on to explain what their children will need and how the administration of their estate will proceed.  We discuss how […]

Bruce Lee

July 20, 2013

November 27, 1940 – July 20, 1973 In March we wrote about the untimely death of Brandon Lee on the 20th anniversary of his death. Well, today is the 40th anniversary of his father’s death, legendary martial artist and film star, Bruce Lee. Bruce Lee was born in San Francisco but was raised in Hong […]

Cleveland Browns Fan’s Dying Wish…

July 17, 2013

Many people will take their allegiance to their favorite professional or college sports team to the grave with them.  Some have memorabilia put into the coffin; others are buried in their favorite jersey.  Scott Entsminger of Mansfield, OH took it one step further.