Probate & Estates Archives Page 3 of 4

Seek Assistance When Challenging a Will

August 12, 2021June 10, 2016

Last week, we talked about what you might do if a loved one dies without a will and how various factors could impact your actions. What if your loved one did leave a will, but you don’t think that will is valid? In such cases, you might have to legally contest the will in probate. … Read more

What do You do if Your Loved One Died Without a Will?

August 12, 2021May 24, 2016

If you believe you are a legal heir to someone’s estate, but that person has died without estate planning documents such as a will, you might not know what steps to take to claim your inheritance. The requirements for receiving assets or money that are left to you in such an estate depend on the laws of the state, whether there are other potential heirs and whether any assets are linked to beneficiary designations.

When someone dies without leaving a will or other estate documents, then the person is considered to have died intestate. Basically, that’s just a term for “without a will,” and intestacy estates are probated under the general laws of the state in question. Intestacy laws usually ensure that primary heirs, such as surviving spouses or children of the deceased, receive an inheritance under the estate. Depending on the situation, other family members such as step-children, grandchildren and siblings might also inherit something from an intestate process — especially if no other closer heirs are found.

What is a Fiduciary Relationship?

August 12, 2021May 12, 2016

A fiduciary relationship exists when one person in a relationship has a legal obligation associated with the management of another person’s assets or money. An accountant, for example, has a fiduciary responsibility to his or her clients. The law expects that an accountant will not purposely make poor decisions regarding a client’s assets and will … Read more

Are Your Estate Plans Good for Your Family?

August 12, 2021April 29, 2016

May 15 is listed as International Day of Families, so we think there’s no better time than this month to talk about how your estate plans — or lack thereof — can impact your loved ones. This May is a great time to ask yourself if your estate plans are good for your family, and … Read more

Understanding Irrevocable and Revocable Trusts

August 12, 2021April 15, 2016

Revocable and irrevocable trusts are two type of legal estate vehicles that are often used to protect, manage and pass on assets. The reasons you might use a trust include protecting assets against creditors or ensuring your wishes are maintained with regard to use of assets even when you are no longer able to make … Read more

When Will Validity is Questionable

August 12, 2021April 1, 2016

A will is an important document. In most cases, someone probably took a lot of time to think about his or her future and the future of those he or she loves. A will is the document that records the results of those thoughts. It is what communicates someone’s last wishes regarding themselves, their assets and other issues important to each person. But what happens if you don’t think a will is valid?

There are several reasons someone might contest a will. First, if you think that the will that is being presented could be fraudulent, you’ll want to contest it. You’ll especially want to contest such a will if you have a will or copy of a will that you believe is actually the document your loved one prepared.

A Revised Estate Plan is Essential When You Remarry

August 12, 2021March 18, 2016

If you are divorced and you remarry, it’s essential to update your estate plan. If you don’t have one, this is the time to take care of it.

When people don’t have an estate plan, their loved ones can end up bearing unnecessary legal fees, not to mention dealing with conflict among family members. When there are ex-spouses, newer spouses and children involved, those conflicts can get very nasty. You can minimize this turmoil by detailing your wishes in estate planning documents.

Why an Estate Plan is Essential for Single People

March 2, 2016

Too many single people don’t think that they need an estate plan. However, they should.

A complete estate plan doesn’t just designate how your assets will be distributed after your death. You can and should have documents in place that designate who will see that your wishes are carried out and manage your affairs if you become too incapacitated to do so.

You can also designate who will take care of your financial affairs if you can’t. This will help ensure that your wishes will be known and honored not just after death but if an unexpected illness or injury befalls you that leaves you unable to speak for yourself. That can happen to anyone at any age.

What Health Care Documents do You Need In Your Estate Plan?

February 19, 2016

Too many people put off estate planning until it’s too late. Over half of all Americans die without any type of will or estate plan, according to the American Bar Association.

While no one enjoys contemplating what will happen after they die, estate planning is about more than that. It’s a chance for you to document what you want to happen if you become too ill or injured to speak for yourself or make your own decisions. That can happen to anyone at any age.

When do You Need to Change Your Estate Documents?

August 12, 2021February 5, 2016

On behalf of May, Herr & Grosh posted in Probate & Estates on Friday, February 5, 2016.

If you have a will, trust and other estate planning documents, you’re better off than most people, even those in the latter half of their lives. However, it’s essential to remember that this is rarely a “one-and-done” process. It’s always best to have an estate plan in place sooner rather than later. However, don’t forget that you will likely need to make some revisions as things happen throughout your life and the lives of your loved ones, as they do for all of us.

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