If you are preparing to send your son or daughter off to college to pursue higher education, you may be wondering how their first semester of school will go. During this exciting new chapter in your family’s life, the last thing you may be thinking about is estate planning for your college-aged child. While your child […]
We have all heard the typical online scams, ranging from e-mails from a Nigerian Prince to emails from your cable service provider reaching out to you to confirm your social security number. Try as we might to keep informed of potential online thieves, it seems it can happen to best of us. A notable victim of […]
The United States of America celebrates its independence on July 4th, but you can rest assured that you too can declare independence for your family — from court interference. Life can be unpredictable. Whether it is a financial issue, the birth or adoption of a child, sickness or incapacity, it is important to be prepared with […]
Congratulations on the purchase of your new home! Whether this is your first home, an upgrade, or you’re downsizing, purchasing a new home is a big event in your life. When these major life changes occur, it is important that you are properly prepared. Below are a few things for you to consider now that you […]
During the home buying process, you worked with a lot of individuals: your realtor, the seller’s realtor, the title company, the loan officer, and the home inspector. Now that you have finalized the purchase of your house, there is one more expert you need to call: your estate planning attorney. Aligning Your Ownership with Existing Estate […]
There are many ways to own your assets. When you die, it is only natural that you want your family to share in the bounty of your hard work. As a way to simplify the transfer process and avoid probate, you may be tempted to add a child or other relative to the deed or bank account utilizing the ownership type of joint tenancy with right of survivorship (JTROS). However, while this type of ownership delivers a lot of potential benefits, it may also be masking some dangerous pitfalls.
Last week, the United States Supreme Court issued a ruling on a case involving life insurance beneficiary designations after divorce. Mark Sveen had named his wife as the beneficiary of his life insurance policy. They got divorced, but Mr. Sveen did not update the beneficiary. Court ruled that divorce invalidated the beneficiary designation in favor of […]
Poor estate planning is a recipe for disaster. Look no further than Dickens’ Bleak House—or a telenovela—to witness the tragedy and melodrama inadequate estate planning can cause. While having your estate planning documents prepared is the first hurdle to overcoming these types of disasters, there are several threats that lurk around the corner that might derail your wishes. A little planning can help you avoid these threats to successful estate planning.
It goes without saying that estate planning is incredibly important and is more than just having a will or a trust. Estate planning offers a sense of security for you and your loved ones that your wishes will be carried out. With such an important and personal endeavor, selecting the right Wills and Trusts Attorney is crucial.
Consider this story. Beth’s divorce from her husband was recently finalized. Her most valuable assets are her retirement plan at work and her life insurance policy. She updated the beneficiary designations on both to be her two minor children. She did not want her ex-husband to receive the money.
Beth passes away one year after her divorce. Her children are still minors, so the retirement plan and insurance company require an adult to be appointed by a court to receive the inheritance Beth left behind. Who does the court presumptively look to serve as the caretaker of this money? Beth’s ex-husband who is now the only living parent of the children. (In some states, this caretaker of the money is called a guardian, whereas in others it is the conservator. The title does not matter as much as the role, which is to manage the funds on behalf of a minor, since the minor is not legally able to handle significant assets or money.)
