When a person dies with a last will and testament, it becomes the duty of someone (usually someone dictated within the will itself) to execute the will of the deceased. On the one hand, it is an honor to be trusted with carrying out someone else’s will. On the other hand, it comes with a lot of work and potential liabilities, and it can be helpful to know what you’re getting into, in case you or someone you know is making a decision about who they want to be the executor of their estate. Continue reading “The Fiduciary Duty of an Estate’s Executor”
Health Care Proxy
A health care proxy designates an agent to make medical decisions in the event a person becomes incapacitated.
Continue reading “Summer Is Approaching, so Be Sure to Have Your Advanced Directives in Place”
Whether you are looking to create an estate plan for the first time or want to update an existing plan, Spring is an ideal time to meet with an estate planning lawyer to address your current legal needs and protect your legacy for the future. In this article, we have listed a few important areas of your estate plan to review and update as necessary this Spring. Continue reading “Spring Is Here So Update Your Estate Plan to Reflect Life Changes”
A person that dies without a Last Will and Testament is known to have died intestate. Dying intestate or without a Will can result in unintended consequences as well as chaos because the decedent’s property and possessions will then be distributed to their heirs in accordance with the laws of the state. When this happens, a decedent’s intended wishes for the distribution of their assets and possessions will not always be carried out. Continue reading “Even Single People Need an Estate Plan”
Creating a comprehensive estate plan is an important part of planning for your future and the future needs of your loved ones. In addition to establishing a comprehensive estate plan, it is important to discuss this inheritance plan with your beneficiaries so that he or she may prepare for their designated role. Continue reading “Disclaiming an Inheritance May Have Benefits”
Oftentimes, when a family member or loved one dies without a Last Will and Testament, it results in unintended consequences as well as excessive expense. When a person dies intestate or without a Will, his or her property and possessions will be distributed to their heirs in accordance with the law of the state. When this happens, a decedent’s intended wishes for the distribution of their assets and possessions will not likely be carried out. To ensure that person’s wishes are carried out upon their death a comprehensive estate plan must be created. Continue reading “Create an Estate Plan to Ensure Your Property Is Distributed as You Wish”
Advanced directives are documents that assist in the event that a person loses the capacity to make decisions on their own behalf. These documents allow a designated agent to act on someone else’s behalf in order to make medical or financial decisions. It is recommended that those over the age of eighteen have advanced directives in place, especially if he or she is going away to college. Continue reading “Be Sure You Have Advanced Directives in Place”
Creating and maintaining a comprehensive estate plan is essential to preserving assets and ensuring that a beneficiary’s financial needs are met in the event that a person should die. A thorough estate plan can be created at any age and should include a Last Will & Testament and advanced directives such as a Health Care Proxy, Living Will, and Power of Attorney. Some estate plans may also include a Trust in order to protect certain assets. Continue reading “Storing and Maintaining Original Estate Planning Documents”
A power of attorney is a standardized legal form created by statute that gives an agent the ability to act on behalf of the principal in the event that he or she becomes disabled or incapacitated. It is particularly important to keep a Power of Attorney up to date as well as periodically review the document in order to add enumerated powers or update it in accordance with new case law or life circumstances, even if the agents remain the same. Continue reading “Update Your Power Of Attorney to Reflect Changes in the Law”
A health care proxy is a signed document that gives an agent or agents the power to make medical decisions for someone in the event that he or she becomes incapacitated. Oftentimes, many people ask whether or not an attorney is required to sign a health care proxy for it to be valid. The answer to that question is no. An attorney is not required to sign a health care proxy. In order for a health care proxy to be valid, two adult witnesses must sign it. It is worth noting that a named health care agent cannot be a witness. In addition, it is important to name alternate agents in the event that the first agent is unable, unavailable, or unwilling to act.