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Many family circumstances can increase the risk of probate litigation. High-risk factors that often bring about probate litigation can include sibling rivalry, second marriages without a prenuptial agreement, and dysfunctional family dynamics. Also, a non-standard estate plan may treat children differently, omit a child, maintain an overly detailed trust, or appoint a substandard fiduciary. There are… Continue reading Reducing the Risk of a Family Fight in Probate Court

When working with an attorney to prepare for your future and address the challenges associated with aging, you will likely come across the term “incapacitated.” Incapacitated Definition Someone who is incapacitated cannot make personal decisions or understand legal documents. An incapacitated person requires a surrogate decision-maker, such as an agent under a health care power… Continue reading What Does Incapacitated Mean in Elder Law & Estate Planning?

After losing a spouse or longtime partner, it’s difficult to look past your grief. However, it’s crucial to understand the important and timely decisions you must make regarding your finances and personal estate plan. Estate planning is an ongoing process, as it accounts for changes in marriages, deaths, divorces, and births of children and grandchildren.… Continue reading Estate Planning for Surviving Spouses

In a major win for nursing home residents and their families, the U.S. Supreme Court has upheld the right to sue government-run nursing homes under the Federal Nursing Home Reform Act (FNHRA). In a 7-2 decision, the court decided that these plaintiffs could seek relief in federal court. Background of the CaseIn 2019, the family… Continue reading Supreme Court Preserves Right to Sue Public Nursing Homes

For the one in five families who care for children with special needs, estate planning is crucial. Parents of a child with a disability face numerous challenges and concerns. One 2022 study found that getting sick stands among these parents’ biggest worries. about what will happen to their children if they get sick. They wonder… Continue reading Your Will Can Protect Your Children With Disabilities

Why Plan Your Estate? The knowledge that we will eventually die is one of the things that seems to distinguish humans from other living beings. At the same time, no one likes to dwell on the prospect of their own death. But if you postpone planning for your demise until it is too late, you… Continue reading Everything You Need to Know About Estate Planning

When individuals cannot manage their finances, courts can appoint guardians. Financial guardianship is for those who need help handling money. Depending on the jurisdiction, financial guardianship may also be called guardianship of the estate or conservatorship. In cases where individuals need help with personal and financial decisions, the court can order guardianship of the person… Continue reading When Does Someone Need Financial Guardianship?

Life estates are ways for you to transfer property to another party while retaining the right to live there until you pass away, or some other event occurs. As the grantor of the life estate deed, you become a life tenant of the property. What Is a Lady Bird Deed? Lady Bird Deeds, technically known… Continue reading Lady Bird Deeds: A Different Kind of Life Estate

Although in many situations the advantages outweigh the disadvantages when selecting beneficiaries, there are always exceptions. What Is a Beneficiary? Beneficiaries are individuals who you select to receive money, various other assets, or specific bequests (such as sentimental items) upon your death. You can name these individuals in estate planning documents such as a will.… Continue reading What Are the Drawbacks of Naming Beneficiaries?

The Setting Every Community Up for Retirement Enhancement (SECURE) Act, which went into effect in 2020, changed how beneficiaries of inherited retirement accounts must withdraw these funds. The Act’s passage made it more difficult for individuals to pass their retirement savings on to their heirs without tax liability. The 10-Year Rule Generally speaking, beneficiaries of… Continue reading Inherited Retirement Accounts: Minimizing Tax Consequences