When I ask a probate client if the decedent (or decedent’s predeceased spouse, if any) received medical assistance, I often receive a confused look. I make this inquiry because if the decedent (or decedent’s predeceased spouse) received medical assistance there may be a medical assistance lien filed against real property owned by the decedent. Before […]
Revocable trusts have many benefits. They typically allow for a smooth transition of assets when an individual dies, they can avoid the probate process, and they may incorporate transfer tax planning techniques such as disclaimers, QTIP trusts, and GST provisions (to name a few). While these benefits are great, the unsung heroes of the revocable […]
March 30, 1853 – July 29, 1890 As is the case with many artists, Van Gogh was plagued with madness during his lifetime and it was not until after his death did he receive his rightful fame. He only sold one work of art during his lifetime but his paintings are now valued in the […]
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.
Rare accidents and natural disasters can happen ending with the deaths of multiple family members. When these tragic events occur, they result in situations where it cannot be determined who died first. Such occurrences are labeled as “simultaneous deaths.” Many individuals do not take into consideration that they might die at essentially the same time […]
December 18, 1886 – July 17, 1961 While his nickname was “The Georgia Peach,” Ty Cobb is not an endearing baseball legend. It is said that “[i]nstead of having friends and family at his side, a handgun and a fortune in stock certificates were on the nightstand next to his hospital bed. Only three former […]
People often associate estate planning only with directing the distribution of a decedent’s assets; however, estate planning is much broader and it can provide substantial utility to a person while he/she is still alive through a field of practice called asset protection. Asset protection is the process of structuring the ownership of assets to minimize […]
In my practice, I am regularly asked many questions about completing a Health Care Directive: Who should I name as my health care agent? Can I name all __ (pick a number) of my kids? What if my agent lives out of state? What if my wishes change regarding the instructions listed? What if technological […]
One consistent goal of estate planning clients who have children is to ensure financial stability for their children in the event that both parents die. These same parents often recognize that their children may not be mature enough to manage assets in a responsible way. To address this issue, trusts are created to ensure that […]
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 […]
Clients can become confused and overwhelmed by the various roles and individuals named in their estate plan. In a previous post, I outlined the traditional key players in a typical estate plan. However, guardians, conservators and custodians are three roles that can come into play when an individual has not properly planned and therefore, clients […]