April Review: Surveys Show We Could Plan Better
That’s May just around the corner, which means it’s when we like to survey elder law news and commentary and share interesting developments. For the April review, we learn (again) that a lot of people don’t have estate plans, that a lot of people want to “age in place,” and that the George Harrison estate […]
Electronic Wills Still a New Idea Three Years Later
Electronic wills were all the rage in estate planning discussions in 2018 and 2019. In that two-year period, four states adopted new statutes allowing for digital or electronic signing of wills. In order, Nevada, Indiana, Arizona and Florida pushed technology and law forward. After that first rush of interest, two important things happened to push […]
Things Change: Your Estate Plan Should Change, Too
Clients know things change. And one common question in an estate planning meeting is: “Can I change my mind?” Quickly followed by, “Will you charge me for that?” Yes, probably. And yes. As we all know, life goes on. Every person should, from time to time and after a major life event, review their estate […]
Trust Documents and the Settlor’s Intent
The settlor of a trust — the person (or, often, the two people) who signed the trust — of course gets to set the terms of distribution. In fact, one of the key elements of trust law is to determine and carry out the settlor’s intent. But when a successor trustee is administering the trust, […]
March Review, From Cryptocurrency to Purple Rain Wine
We’re near the end of the month. That’s when we like to survey the elder law landscape and share articles and developments of interest. For the March review, we touch on everything from cryptocurrency to Purple Rain Wine. March Review: Estate Planning It seems like everyone is investing in cryptocurrency these days. Many investors, however, […]
SECURE Act Clarifications Are, Well, Confusing
Last month the Internal Revenue Service took a major step in interpreting the SECURE Act of 2019. The SECURE Act clarifications are helpful. They are also confusing. The SECURE Act (recap) To review: in the closing days of 2019, Congress adopted a far-reaching new law on retirement account beneficiaries. The Setting Every Community Up for […]
Stop Helping: Why Helpers Should Leave the Room
When an aging person creates or changes their estate plan, children, caregivers, friends often tag along to “help.” Most of the time, an estate planning attorney will request that the helper stop helping–not participate at all. A new court decision out of New York illustrates why. Battle of the Wills In the Matter of the […]
“Certified Senior Advisor” is Really an Annuity Salesman
The story is sadly familiar. An elderly individual, seeking to get estate planning done inexpensively, seeks legal help from a non-lawyer paralegal. The paralegal identifies himself as a “Certified Senior Advisor”, 0r CSA. But what he really does is to sell a large and inappropriate annuity to the senior. American Family Legal Services Tom and […]
Garn-St Germain and Your Estate Planning
Last week in this space we wrote about Arizona’s beneficiary deed option. The Arizona law allows you to set up an automatic transfer on death for real estate. No probate, no complications. There are things to look out for, of course, but it can work for many people. One thing you should know about: Garn-St […]
Automatic Transfer on Death: Arizona’s Beneficiary Deed
You know that you can name a beneficiary on your life insurance account, your bank and other financial accounts — even your car. Wouldn’t it be great if you could create an automatic transfer on death for your home? Oh, wait — in Arizona, at least, you can. Arizona’s “beneficiary deed” We’ve written about the […]
