Tag: probate

102 years-old and counting . . .

About two years ago I had a client walk into my office with very little difficulty. He was 97 years old. He was ready to put his estate plan in place. The conversation turned more into his cardiologist (the one who over twenty years…

Is a Living Will and a Will the same thing?

So often people come to my office because they want a “Living Will.” After questioning what they want, it happens that what they want is a “Will” or also known as Last Will and Testament. A “Living Will” and a “Will” are not the…

Estate Planning? For what?

The view of a peaceful beach with white sands and and bushes in the background.

Estate planning? I am not rich!  Estate planning? I am not going to die! Have you said that yourself many times? Yes, I know. I have said it too. It was not until my daughter was born that I really understood the importance and…

Will v. Trust. Who wins?

So what does a Trust do that a Will does not? Below are some of the main differences:  Planning for incapacity – Wills have nothing to do with incapacity.  Will based plans must rely on a durable power of attorney or a guardianship proceeding…

Revocable Trust vs. Irrevocable Trust: Which Is Best for You?

Trusts  allow you to avoid probate, minimize taxes, provide organization, maintain control, and provide for yourself and your heirs. In its most simple terms, a trust is a book of instructions wherein you tell your people what to do, when, and how. While there…

How to Avoid Sending Your Loved Ones (and Assets) through Probate

Today many people are using a revocable living trust instead of a will or joint ownership as the foundation of their estate plan. When properly prepared, a living trust will avoid the public, costly and time-consuming court processes guardianship (due to incapacity) or probate…

Nosey Neighbor Nellie Can Find Out About Your Probate. Really!

Most people think of probate as a private process. However, since Wills are filed at the courthouse, probated estates become a matter of public record. That means your nosey neighbor Nellie can simply go down to the courthouse or hop online and find out…

What is the different between Dying Intestate or with a Will or Trust?

Most people understand that having some sort of an estate plan is, as Martha Stewart would say, a “good thing.” However, many of us don’t take the steps to get that estate plan in place because we don’t understand the nuances between wills and…

HELP! This Probate Is Taking Forever!!!

After a loved one dies, his/her  estate must be probated (court action through which assets are transferred to heirs or beneficiaries). While most everyone wants the probate process to be done as soon as possible, probate can take a year and more, even for a…

A phone Ap to Draft a Will – A good idea?

This morning, as I was driving to the office, I was listening on the radio about a new smart phone application that creates a Law Will and Testament for you.For what I heard, it even videos the testator makings his/her last Will. It sounds…