Death is a personal and private affair that affects the deceased’s close family and friends. However, there is at least one aspect of death that may require state oversight: probate. But what does it mean to probate an estate and how does that different from when a the court requires a trusted helper to file a […]
As poet Robert Burns mused centuries ago, the best-laid plans of mice and men often go awry. Despite thoughtful effort and a concerted strategy, you cannot prepare for every emergency in life. A car accident, sudden illness, workplace injury, or chronic medical condition can force you to reevaluate the core assumptions you used to plan your […]
Comprehensive estate planning involves more than just planning for your legacy after your death, avoiding probate, and reducing taxes. Good estate planning also appoints people to make legal, financial, and medical decisions for you if you are alive but unable to make those decisions for yourself (in other words, if you are incapacitated). While no one […]
One of the main reasons that a person creates a revocable living trust (a trust established during a person’s lifetime that they can amend or revoke) instead of relying on a will to transfer their money and property to their beneficiaries is to avoid probate. Probate is the court process during which a person’s will is […]
Whether you are reviewing your existing trust or creating a new trust, you should understand the important role that trustees play not only in handling trust matters but also in providing for and protecting your loved ones. What is a Trust? A trust is an agreement between an owner of accounts and property (Trustmaker/Grantor) and another […]
Getting ready to embark on your next great adventure? Before you zip up the last suitcase, here are five issues you need to address to protect yourself and your loved ones before you leave on vacation. Do You Have a Foundational Estate Plan? Has it Been Reviewed? An estate plan is a set of instructions memorialized […]
Ideally, when someone passes away, the paperwork and material concerns associated with the deceased’s passing are so seamlessly handled (thanks to excellent preparation) that they fade into the background, allowing the family and other loved ones to grieve and remember the deceased in peace. In fact, the whole business of estate planning—or at least a significant […]
When you think about how you want your property to be distributed after your death, most of the time it is easy to identify that property—your home, your cars, your jewelry, etc. But what about the genetic material used in assisted reproductive technology, such as frozen sperm, eggs, and embryos? Is genetic material stored with your […]
The short answer to the title question is yes, your trust can own your business after you die. The longer legal answer is there are a number of considerations that may impact your trust’s ability to own a business after your death. One such consideration is the type of business interest you own. Is the business […]
A spouse’s death creates a difficult and demanding time for the surviving partner. As much as you might want space and time alone to process your grief, you may have certain responsibilities related to settling their affairs, including paying off spouse’s debts. Most Americans have some type of debt. The obligation to pay debts does not […]
