Most of us have seen the frailties of life impact loved ones and friends. Unfortunately, diminished capacity, including the inability to make sound decisions, is sometimes the result. Court-monitored guardianship proceedings are designed to help in such situations. But...

A client’s family member recently passed away with a properly executed estate plan, including all the bells and whistles.  There was, however, one small problem: the plan’s distribution scheme was never amended to account for changes in his financial situation. What se...

Some time ago, a client presented her deceased husband’s will to me.  Unfortunately, based on erroneous advice from a non-attorney, the will wasn’t properly witnessed and the court consequently declared it invalid.  That ultimately meant that the State rather than the...

We all run the risk of being thrust into litigation, facing potential judgments, and losing hard-earned assets. Unfortunately, simply living an honest life with decent insurance doesn’t guarantee immunity. Gaps in insurance coverage and unforeseeable circumstances beyo...

One of the main benefits of a living trust is it’s ability to pass your assets to loved ones without unnecessary expense, delay, or court entanglement. The mechanism that accomplishes this is referred to as the trust’s distribution scheme.  The distribution scheme spec...

A living trust is an important estate planning tool designed to avoid time-consuming and expensive court entanglement when you die (probate) or become incapacitated (guardianship or conservatorship).  Creating a trust, however, is only half the battle. You still need t...

“What’s the difference between a will and a trust?” is among those frequently-asked questions posed to lawyers, and rightfully so. The nuts and bolts of estate planning are far from intuitive. So here’s a 1-page primer.

No Will, No Way

If you die without a will or a trus...

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