A guardianship is established when a person, who becomes the ward, is deemed incapacitated and, thus, unable to make and communicate informed decisions. Viewed as a restrictive arrangement that impedes the ward’s fundamental rights, guardianship is often seen as a last resort and courts will explore other options prior to the...
Category: Estate Planning
Put Estate Plan Update at the Top of Your Moving To-Do List
Did you take advantage of the summer season to relocate? With the nice weather and kids out of school, it can be a great time to move. As we settle into September, and the weather begins to cool and the kids go back to school, you may very well still have things...
The Importance of a Durable Power of Attorney for Aging Parents
Yes, a big part of estate planning may be about how you want your property to transfer and who you want it to go to after you pass away. Another critical part of estate planning, however, involves putting legal tools in place that protect you and your wishes while you are...
Have You Planned for Your Digital Assets?
We are now fully immersed in the digital age. There are fewer and fewer of us that will remember a time before we had internet access, let alone those who remember when internet access was a rare and hot commodity. Because of the intertwinement our lives have with the digital landscape, there...
Common Grounds for Contesting a Will
Did you know that the validity of a will can be contested? Will contests can be a big headache for all involved and can create serious delays in probate proceedings. Many times, family members who may feel slighted by the contents of a will may bring a contest when the contents...
Things to Consider When Choosing Your Health Care Surrogate
A strong, comprehensive estate plan does include planning for the distribution of your assets after you die, but it should also include plans and protections for life’s unexpected challenges while you are alive as well. For instance, there are critical health care documents that should be included in your estate plan...
What Is the Role of a Personal Representative?
Have you been asked to be the personal representative of an estate? Are you in the process of estate planning and are looking for the right person to choose to act as the personal representative of your estate after you pass? Knowing the role and responsibilities of a personal representative can...
The New Estate Tax Bill Proposed by Senator Bernie Sanders
Have you been wondering what all the buzz has been about regarding the federal estate tax? Estate planning is not often a hot topic in the news, but when it is, people should definitely take notice. The big news broke back in March when Senator Bernie Sanders introduced the “For the...
What Can Cause Delays in Probate Proceedings?
Many people try to avoid probate for several reasons. These reasons can include the fact that probate can be quite costly. It is also a matter of public record which means that you lack the privacy you may want for a process that can involve some more personal affairs. It can...
What to Know About Spendthrift Trusts
As you may have heard, trusts can play a valuable role in an estate plan for a multitude of reasons. With a trust, a person transfers ownership of assets to the trust in order to fund the trust. Those assets form the trust principle. The trust is then managed by a...