Choosing an executor is one of the most crucial decisions you'll make as you develop your estate plan. If you don't designate an executor, the court will appoint someone to handle those responsibilities. Most people prefer to choose someone they know and trust.Before...
wills & estates
Should you choose ‘per stirpes’ or ‘per capita’ distributions?
When you begin working with your attorney on your estate plan, you'll be hearing a lot of terms that you're probably unfamiliar with. It's crucial to understand what they mean. One of these terms is "per stirpes." Another is "per capita." Both are used to describe how...
Some important considerations for your estate planning
Estate planning involves more than drawing up your will, trust and other documents. It involves making crucial decisions about who will handle your affairs not only after you're gone, but if you become incapacitated to the point where you're unable to make decisions...
When planning your estate, leave some things out of your will
A will is one of the most important documents in an estate plan. However, there are some things you shouldn't or legally can't include in a will. In some cases, that's because they need to be addressed in other documents or by making other arrangements. In other...
How you can protect a child with a spendthrift trust
You're finally taking the step of putting an estate plan in place. You hope you'll be around for decades to come, but you never know. You've worked hard your entire adult life and have considerable assets to show for all of that hard work. You want your children to...
What is ‘undue influence?’
One of the most common reasons that people challenge a will or other estate plan documents after a person's death is "undue influence." This is when someone coerces (mentally, physically and/or morally) a testator to the point where that person isn't designating the...
Be careful with estate plan changes during and after divorce
If you and your spouse are headed for divorce and your relationship has devolved into conflict, distrust and perhaps even some hate, one of your first instincts may be to remove him or her entirely from all of your estate planning documents. You don't want your...
How to set up a special needs trust without forfeiting benefits
If you have an adult child or another family member with a physical or mental disability that impacts their ability to care for themselves, you want to ensure that they are provided for once you're no longer around. Many people create special needs trusts for this...
Dictating guardianship: Part of your will
If you have a child who you need to establish guardianship rights for in your will, it's important to do so correctly through the courts. Guardianship can help in a number of ways, including protecting your children if you or your child's other parent passes away. To...
Millennial estate planning: Starting now
Millennials, or the generation born roughly between 1981 and the early 2000s, are reaching ages that suggest they should start estate planning now. Many in this age range are starting families, and some have a great number of assets.The issue with Millennials and...