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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
When you die, there are a lot of possibilities as to how your estate might be administered: Will you have a Will? A trust? Will there be a probate? Or will all your assets pass by beneficiary designation? Regardless all of these options, one thing is for certain: a death certificate will be issued and […]
According to a New York Times article, Michael Jackson did have a Revocable Living Trust in place at the time of his death. A Revocable Trust makes good sense for a public figure because it is privately administered and not subject to the lengthy, costly, and public Probate process. There are quite a few good articles […]
November 5, 1913 – July 8, 1967 Vivien Leigh, most famous for her role as Scarlett O’Hara in Gone With The Wind, died on this day in 1967. Ms. Leigh was born Vivian Mary Hartley but changed her name when she began pursuing her acting career to “Vivien Leigh” (altering the spelling of her first […]
Every now and again clients ask what happens when someone murders someone for an inheritance. Can the murderer inherit from the victim’s estate? The simple answer is: No. If the potential beneficiary of certain assets murders the decedent, he or she is denied inheriting from the decedent’s estate – including both probate and non-probate assets. […]