Posts Categorized: Wills
Can Artificial Intelligence Programs Write Basic Estate Planning Documents?
by Tara Cheever ~ Attorney at Law
November 14, 2023
Estate Planning, Trusts, Wills
With the increased coverage of artificial intelligence (AI) and all of the applications it can have in our everyday lives, some people may wonder whether an AI program can create an estate plan for them. While AI may be able to generate basic estate planning documents, including wills and trusts, there is no guarantee that they will be valid and enforceable.
Providing accurate information and executing the documents in compliance with your state’s laws is critical. Otherwise, your documents will not work as intended. Most people do not have the legal knowledge necessary to determine what clauses and language should be included in a will or trust to accomplish estate planning goals. They also are not familiar with state laws or how to comply with them. This is why people rely on experienced attorneys to prepare the necessary documents to carry out their wishes.
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Transition to Adulthood: What Happens Legally When My Child Turns 18?
by Tara Cheever ~ Attorney at Law
November 7, 2023
Estate Planning, Trusts, Wills
Soon after the challenges of puberty and the excitement of high school, an even larger milestone looms: the 18th birthday. It marks your child’s transition from childhood to adulthood, and with it new responsibilities and rights. From a legal standpoint, this milestone also brings significant changes that every parent should be aware of.
In the eyes of the law, an individual is considered a legal adult at the age of 18. This means that your child gains certain rights and privileges, including the ability to enter into contracts, vote, buy property, and make medical decisions for themselves. While this newfound independence is a crucial part of growing up, it can also pose challenges for parents, especially when adult children need their parents’ help or need someone to make decisions on their behalf.
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Sometimes Stuff Is the Most Important Part of Your Estate Plan
by Tara Cheever ~ Attorney at Law
November 3, 2023
Estate Planning, Trusts, Wills
When planning for the future, it’s common to consider who will inherit financial accounts, properties, and other valuable assets. Yet, it’s equally important to recognize the worth of personal belongings. These items, often overlooked, hold their own significance. To ensure a comprehensive estate plan, take a moment to ponder these questions about your personal property. This step can greatly contribute to a well-rounded approach in securing your legacy.
Value is subjective and varies from person to person. For example, an antique clock may hold significant monetary worth, whereas your grandmother’s class ring may carry sentimental value. It’s important to recognize that different types of value require distinct strategies when considering how they will be passed on or distributed in your estate plan.
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The Scary Truth: Naming Godparents Does Not Create Legal Guardians
by Tara Cheever ~ Attorney at Law
November 1, 2023
Estate Planning, Guardians for Minor Children, Trusts, Wills
As a parent, your foremost concern is the welfare and future of your children. This encompasses planning for their education, health, and overall happiness, which often includes the tradition of selecting godparents to offer guidance and mentorship in the event of unforeseen circumstances.
While appointing godparents holds significant cultural and personal meaning, it is crucial to recognize that designating a godparent is distinct from naming a legal guardian for your children. In practical terms, even if you have designated godparents, there exists a possibility that, in the event of your absence, your children may end up in the care of unfamiliar individuals, child protective services, or with someone you would not choose to raise them.
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Estate Planning for Expatriates
by Tara Cheever ~ Attorney at Law
October 27, 2023
Estate Planning, Trusts, Wills
The United States has the highest number of immigrants globally, but more and more Americans are considering relocating to another country permanently. Many wealthy Americans are also interested in buying property overseas and spending at least part of their time there.
However, moving abroad has practical implications, such as taxation and estate planning. Even when living outside the U.S., Americans still have financial obligations to the U.S. government. They should also have someone legally authorized to make financial decisions on their behalf.
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Estate Planning Awareness Week: Reasons You Need an Up-to-Date Estate Plan
by Tara Cheever ~ Attorney at Law
October 17, 2023
Estate Planning, Trusts, Wills
In today’s digital age, information is readily available online. However, there remain misconceptions about estate planning. Many of us don’t invest time in understanding it, possibly because we underestimate its necessity and the advantages it offers. There are common misunderstandings about estate planning: assuming a will bypasses probate, thinking that marriage ensures automatic inheritance, and believing that minimal assets mean no need for an estate plan.
Being educated about estate planning is crucial to avoiding potential complications in terms of time, money, and emotional distress. Take a moment to grasp the significance of an updated estate plan – it not only addresses post-mortem matters but also provides protection in the event of incapacitation for both you and your loved ones.
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What Do I Do If I Want to Undo My Revoked Will?
by Tara Cheever ~ Attorney at Law
October 13, 2023
Estate Planning, Wills
When life circumstances change, you may alter the decisions you have made in your estate planning documents. You might choose to revoke your will at some point. But what if you have a change of heart and want to reinstate it? There are different ways to revive a revoked will.
Depending on the laws of your state, you may have several choices for legally reinstating a previously revoked will. This can be done by either revoking the new will that cancelled the old one, expressing your intention to revive the old will, or re-executing the originally revoked will.
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Flu Season Fundamentals: How to Keep Seniors Safe This Fall
by Tara Cheever ~ Attorney at Law
October 10, 2023
Estate Planning, Trusts, Wills
The fall season is a beautiful time of year, yet it signals the start of flu season, potentially endangering your elderly loved ones. Thankfully, there are ways to guarantee their safety in the colder days ahead, such as being prepared to assist with their health and financial matters.
A Healthcare Power of Attorney (POA), also known as a Medical Power of Attorney, is a legally binding document that grants authority to a trusted individual to make medical decisions on your behalf in the event that you are unable to do so. If your elderly loved one has yet to establish a Healthcare POA, it is advisable to take the necessary steps to create one promptly.
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How Far in Advance Can I Begin My Estate Planning?
by Tara Cheever ~ Attorney at Law
October 6, 2023
Estate Planning, Trusts, Wills
You can make your estate plan whenever you’d like, but many opt to start earlier. Why? Because unexpected health or financial crises might arise, necessitating someone to handle your affairs while you’re alive. When Should You Start? The right time to begin estate planning depends on your aims and the extent of your assets. If
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Key Considerations for Including a Kids Protection Plan in Your Estate Plan for Minor Children
by Tara Cheever ~ Attorney at Law
October 3, 2023
Estate Planning, Guardians for Minor Children, Trusts, Wills
As a responsible parent, you may have contemplated the crucial task of designating permanent legal guardians for your child in the event of unforeseen circumstances. If you have not yet taken this step, consider this a timely reminder to do so, ensuring your child’s well-being and security should the unexpected occur.
However, there are situations where designating permanent legal guardians for your child may not suffice to ensure that your children receive the care and upbringing you desire from the individuals you trust. In some instances, there may even be a potential risk of your children coming under the care of unfamiliar or undesirable individuals.
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How Business Executives Can Set and Meet Their Estate Planning Goals
by Tara Cheever ~ Attorney at Law
September 29, 2023
Estate Planning, Trusts, Wills
As a business executive, your daily life revolves around strategizing, setting goals, and ensuring the success of your organization. However, have you ever considered applying these skills to protect your personal assets and provide for your loved ones in the future?
In this article, we will explore various strategies and goals that business executives should consider when looking ahead to safeguard their hard-earned wealth and ensure their family’s financial well-being.
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From ‘I Do’ to ‘What If’: Estate Planning Must-Do’s for Newlyweds – Part 2
by Tara Cheever ~ Attorney at Law
September 26, 2023
Estate Planning, Trusts, Wills
Are you surprised to see a Trust on our list before a Will? Here’s why a Trust is next on your to-do list. If you are newly married, there’s a strong likelihood that you are relatively young in your life and your career, which means there will be many changes in your assets, family, and wishes as the years go by.
Or, you might be re-marrying or getting married later in life and already have a well-established home, financial portfolio, and family that you are now combining with your partner’s life.
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Beware of Unequal Contributions When Purchasing a House
by Tara Cheever ~ Attorney at Law
September 22, 2023
Estate Planning, Trusts, Wills
Co-buying a home with a partner, relative, or friend can reduce the costs of the down payment, mortgage payments, utilities, and other household expenses for each buyer, while allowing them to build home equity. Some co-buyers may not even want to live in the home. Their goal may be to rent it out or flip it for a profit.
Home co-ownership can present problems as well. If one buyer has a bad credit score, it can negatively affect another buyer’s mortgage terms. And if one party cannot meet their financial obligations, the other party could be on the hook for the budget shortfall.
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From ‘I Do’ to ‘What If’: Estate Planning Must-Do’s for Newlyweds – Part 1
by Tara Cheever ~ Attorney at Law
September 19, 2023
Estate Planning, Trusts, Wills
Wedding season is winding down, and if you are a newlywed or are planning to tie the knot soon, it’s time to make your first legal move as a married couple – creating an estate plan. With all the joy and happiness a new marriage brings, planning for your potential incapacity and future death may feel out of place, but creating your estate plan as part of your post-nuptial to-do list is the greatest gift you can give your new spouse.
A lot changes once your marriage is official, but how you and your spouse want your finances to be managed or how you would want medical decisions to be made for each other are not automatically documented when you say “I do.”
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Limited Impact of Estrangement on Estate Planning
by Tara Cheever ~ Attorney at Law
September 15, 2023
Estate Planning, Trusts, Wills
Unfortunately, rifts sometimes arise between family members that are much more serious than just temporary squabbles. The result may be estrangement, defined as “the state of being alienated or separated in feeling or affection; a state of hostility or unfriendliness” or “the state of being separated or removed.” Estrangement does not mean that the relationship has come to an end legally, however.
A husband may move out of the home he shared with his wife and have limited or no contact with her or their children. A child who has been abused may live with a relative and avoid contact with their parent. A parent may choose not to associate with a child who has committed crimes or abused their trust. These types of situations are unfortunate and occur more often than we would like.
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