Top Ten Elder Law Lessons from 2022
At the end of each month, we take stock of elder law news and developments and share them. For the December review, we look less to outside news and commentary and instead think about what we (or others) have learned or wish we (or others) had learned before something unfortunate happened. Here are some lessons […]
Planning for Protection-From Yourself
Most people think estate planning is all about what happens when a person dies. It is, but it’s also important for the living. One special case: When you realize you need protection from yourself. Maybe you have a mental illness and can’t always be attuned to financial matters. Maybe you have a family history of […]
September Review: Estate Tax Changes Around the Corner?
October is around the corner, which means it’s time for the September review of elder law news and developments. Of utmost concern: Potential changes to the estate tax. We’ll devote most of our review to the current proposal, even though it’s very far from a done deal. Those who might be affected should think about […]
Making Lists: A Good Way to Show You Care
Write it down. For decades, law firms like Fleming & Curti have provided estate planning clients with blank forms for making lists for gifts of personal property. Clients rarely use them, but there are significant benefits to making lists. Lists give your executor (a/k/a personal representative) or trustee a roadmap for distributing the items. In […]
Remarriage and Your Trust
We see it often in our practice. A couple prepares their estate plan, including a joint revocable trust. One spouse dies, and eventually the surviving spouse remarries. What is the relationship between remarriage and your trust plan? Michael Berezo Michael Berezo lived in Kirkwood, Missouri. He had married Alene Haskell in 1986; the couple had […]
Disinheriting a Child Over Politics? Think About a Trust
The divisions that lead to the recent attack on the U.S. Capitol are having an effect on estate planning. It’s not surprising that family members have differing political views during this turbulent time. What is surprising: the growing number of clients who are considering disinheriting a child because of it. But disinheritance is extreme. A […]
To Protect Beneficiaries, Use Specifically Tailored Trusts
Deciding what your loved ones get – or don’t get – after you are gone can be difficult. It’s even tougher if those to whom you wish to leave your hard-earned assets are not responsible with money or lack values you hold dear. A trust with tailored provisions is a possible solution. Leaving an inheritance […]
Who Should Get Copies of Your Will and Trust?
You’ve signed your will and powers of attorney. Maybe you’ve even signed a living trust. But now who should get copies of your will and trust? Is the answer different for your powers of attorney? What to do with the original documents First, let’s just say a word about what you should do with the […]
Trust Protector’s Power Tested in California Case
We have written before about “trust protectors,” a relatively new concept in American trust law. Because there is not a lot of case law on the subject, the limits of a trust protector’s power (and duty) has not been well-established. Now a new California case fills in a little more detail. Trust protectors — a […]
What Happens When Someone Dies Intestate?
VOLUME 24 NUMBER 17 Even with regular prompting, about half of people never get around to completing even basic estate planning. If they never do get a will signed, we lawyers say that they have died “intestate”. But what does that really mean for their loved ones? Note that the information we provide here is […]
