The estate administration process involves an array of legal and financial responsibilities. It is often overwhelming for first-timers who are suddenly in charge of someone else's property. If you were named as executor in a will or appointed by the court, you must...
Estate Planning
How a POD account skips probate, and why that matters
A payable-on-death (POD) account, also referred to as a Totten trust, is essentially a financial account with a beneficiary designation. You may have a POD account at your bank with $10,000 in it, for example, and you have named one of your adult children as the...
Proving your testamentary capacity as you develop an estate plan
Disputes over an estate plan can fracture family relationships and even lead to costly litigation. Many such disputes arise when beneficiaries are surprised by final decisions. One way to reduce the risk of conflict is by proactively demonstrating testamentary...
Notifying creditors of probate proceedings for an estate
Estate administration imposes many responsibilities on personal representatives or executors. They have an obligation to address the financial obligations of the decedent while settling the estate. Identifying certain creditors may be relatively easy. Incoming billing...
Does your estate plan need a power of attorney?
The future can be very unpredictable. Right now, you may certainly be able to make all of your own financial, legal and medical decisions. But what happens if you are incapacitated due to Alzheimer’s, dementia, a heart attack, a stroke or another such health...
How to change your child’s designated legal guardian?
Most people choose a person to be their child’s legal guardian in the unlikely event that both parents pass away or are otherwise unable to care for their child. This is often done soon after a child is born, and it’s codified in their will. In fact, the birth of a...
Should you use a conditional trust?
You may worry whether your beneficiaries will use what you leave them in your estate wisely -- or whether they might squander it rapidly. As we discussed in a recent post, you can use conditional trusts to exercise some control over this. For example, you might make...
How to ensure your estate administration process is flawless
Handling the estate of a loved one can feel overwhelming. There are often many emotions involved, yet at the same time, you are responsible for important financial and legal tasks. Without good organization, the process can easily become a thorn in the flesh for you...
Conditional trusts have limits on the conditions they can impose
Most people want to leave assets to at least their closest loved ones. However, not all loved ones may be prepared to handle them. That’s why a conditional trust is commonly used as an estate planning tool. A conditional trust (sometimes referred to as a spendthrift...
Can the court set aside a no-contest clause?
A no-contest clause can be used in your estate plan if you want to limit disputes between family members. It essentially says that someone who challenges the will gives up their inheritance. There are situations in which this could be useful. For instance, say that...
