Posts Categorized: Wills
Important Questions to Ask When Investing in a Vacation Property
by Tara Cheever ~ Attorney at Law
July 8, 2022
Asset Protection, Estate Planning, Trusts, Wills
According to the National Association of Home Builders, in 2018, there were approximately 7.5 million second homes, making up 5.5 percent of the total number of homes. These homes are not only real estate that must be planned for, managed, and maintained, they are also the birthplace of happy memories for you and your loved ones. Following are some significant estate planning questions to consider to ensure that your place of happy memories is protected.
The fate of your vacation property at your death largely depends on how it is currently owned. If you are the property’s sole owner or if you own it as a tenant in common with one or more other people, you need to decide what will happen to your interest in the property. Suppose you own the property with another person as joint tenants with rights of survivorship or with a spouse as tenants by the entirety.
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What Happens to My Spouse’s Debts at Their Death?
by Tara Cheever ~ Attorney at Law
July 1, 2022
Estate Planning, Probate, Trust Administration & Probate, Trusts, Wills
Most Americans have some debt. The obligation to pay debts does not go away when a person dies. While most debts are paid by the deceased’s estate (money and property owned by the decedent at their death) and do not transfer to a surviving spouse or other beneficiaries, in some cases, you may be responsible for paying off your deceased spouse’s creditor claims.
If the legal duty to pay off a spouse’s debt falls to you, it has implications for your finances, so you will want to be clear on the laws where you live. If debt collectors contact you, know that you have rights as well. You should discuss questions about your debt payment obligations and rights with an attorney who specializes in estate planning and administration.
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Estate Planning FAQs For LGBTQ+ Couples
by Tara Cheever ~ Attorney at Law
June 28, 2022
Estate Planning, Trustee, Wills
As we wrap up another Pride Month, the LGBTQ+ community faces an increasingly uncertain legal landscape. In the wake of the Supreme Court overturning Roe v. Wade, ending the recognition of a constitutional right to abortion, many are worried that other rights, especially those enjoyed by same-gender couples, might also be threatened.
In fact, with Roe overturned, legal experts warn that the Supreme Court’s new Republican majority may come for landmark LGBTQ-rights decisions next, including marriage equality established by Obergefell v. Hodges. In light of this potential challenge, same-gender couples must ensure their estate plans are carefully reviewed and updated by an estate planning lawyer who understands the special needs of LGBTQ+ planning to address any such developments.
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3 Reasons Why Single Folks With No Children Need An Estate Plan
by Tara Cheever ~ Attorney at Law
June 21, 2022
Estate Planning, Trusts, Wills
While most adults don’t take estate planning as seriously as they should, if you are single with no children, you might think there’s no need to worry about creating an estate plan. But this is a huge mistake. Having an estate plan can be even more essential if you are single and childless.
If you are single without kids, you face several potential estate planning complications that aren’t an issue for those married with children. And this is true whether you’re wealthy or have minimal assets. Indeed, without proper estate planning, you’re jeopardizing your wealth and assets and putting your life at risk, too. And that’s not even mentioning the potential conflict, mess, and expense you’re leaving for your surviving family and friends to deal with when something unexpected happens to you.
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Do You Update Your Estate Plan as Often as Your Resume?
by Tara Cheever ~ Attorney at Law
June 17, 2022
Estate Planning, Trusts, Wills
A resume is a snapshot of your experience, skill set, and education that provides prospective employers insight into who you are and how you will perform. Imagine not updating your resume for five, ten, or even fifteen years. Would it accurately reflect your professional abilities? Would it do what you want it to do? Probably not. Estate plans are similar in that they need to be regularly updated to reflect changes in your life and the law so they can do what you want them to do. Outdated estate plans, like outdated resumes, do not work.
Think for a moment about all of the changes in your life so far. What has changed since you signed your will, trust agreement, and other estate planning documents? If something has changed that affects you, your trusted helpers, or your beneficiaries, your estate plan probably needs to reflect that change.
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Updating Your Estate Plan: How Many Tweaks Are Too Many?
by Tara Cheever ~ Attorney at Law
June 10, 2022
Estate Planning, Trust Administration & Probate, Trusts, Wills
Imagine a recipe card you have used for years. The card may still be readable if you have crossed out and replaced one or two ingredients. However, the recipe is probably confusing if you have altered the ingredients many times. If your loved ones cannot read your instructions to determine whether to add a cup of flour or a cup of sugar, your recipe will not work. You have a fifty-fifty chance for a great dish—or a complete disaster.
The same can be said about a will or revocable living trust. Making one or two changes to a document is generally acceptable, but your instructions may become confusing when revisions are numerous or comprehensive. The primary reason for the confusion is that the old document and any new documents must be read together to understand the full instructions. For this reason, starting over with a new will or a complete restatement may serve you better.
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How To Pass On Family Heirlooms & Keepsakes Without Causing A Family Feud
by Tara Cheever ~ Attorney at Law
June 7, 2022
Estate Planning, Trusts, Wills
Smaller items, like family heirlooms and keepsakes, which may not have a high dollar value, frequently have the most sentimental value for our family members. But for a number of reasons, these personal possessions are often not specifically accounted for in wills, trusts, and other estate planning documents.
However, it’s critical that you don’t overlook this type of property in your estate plan, as the distribution of such items can become a source of intense conflict and strife for those you leave behind. In fact, if you don’t properly address family heirlooms and keepsakes in your estate plan, it can lead to long-lasting disagreements that can tear your family apart.
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An Estate Plan Should Not Be a Set-It-and-Forget-It Endeavor
by Tara Cheever ~ Attorney at Law
June 6, 2022
Estate Planning, Trusts, Wills
As we all know, life happens. There is really nothing we can do about it. However, some of the most common life events can have a dramatic effect on your estate plan. If you think your estate plan is like a slow cooker and you can set it and forget it, you and your loved ones may be in for a stomach-turning surprise when it is time to put your plan into action. Let us take a look at some common life changes and the impact they may have on your already established estate plan.
It is common for parents to have their estate plan prepared after the birth of their first child. However, depending on what provisions are in the first iteration, a second child might have difficulty getting their share without court involvement if the clients do not revise their plan after the birth of a subsequent child.
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Don’t Let Your Kids Leave Home Without Signing These 3 Documents
by Tara Cheever ~ Attorney at Law
May 31, 2022
Estate Planning, Healthcare, Trusts, Wills
The first document your child needs is a medical power of attorney. A medical power of attorney is an advance healthcare directive that allows your child to grant you (or someone else) the immediate legal authority to make healthcare decisions on their behalf if they become incapacitated and are unable to make these decisions themselves.
Without a medical power of attorney in place, if your child suffers a severe accident or illness that requires hospitalization and you need to access their medical records to make decisions about their treatment, you’d have to petition the court to become their legal guardian. While a parent is typically the court’s first choice for a guardian, the guardianship process can be slow and expensive – and in medical emergencies, time is of the essence.
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Don’t Have a Lot of Money? Here Are Seven Ways You Can Still Leave Your Family a Great Legacy
by Tara Cheever ~ Attorney at Law
May 27, 2022
Estate Planning, Trusts, Wills
Often, people who do not have a lot of money think that it is unnecessary to have an estate plan. After all, what is an estate plan without an estate? Yet estate planning is more than making sure a person’s wealth passes to the next generation. It also involves making your wishes known with regard to certain items of property, burial arrangements, and end-of-life care decisions. Family relationships have been irreparably damaged over the question of who gets the homemade Christmas tree ornaments, and children have agonized over how much to spend on their parent’s casket and other burial arrangements, not wanting to skimp on something they feel represents their love for their parent.
Your family can have peace of mind knowing with certainty that they are carrying out your wishes if they have a crystal clear understanding of what those wishes are. Whether or not you have much money, you can leave an important legacy to your family simply by making a plan.
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Key Milestones For Planning Your Retirement
by Tara Cheever ~ Attorney at Law
May 24, 2022
Estate Planning, Healthcare, Retirement Planning, Trusts, Wills
The key to having a comfortable retirement is to save as much as possible as early in your career as possible. Time, tax breaks, and compounding interest all add up, and by getting into the habit of saving when you are young, it will be exponentially easier to reach vital retirement goals as you get older.
With this in mind, one of the most important things you can do at this age is to take full advantage of employer-sponsored retirement accounts, such as 401(k)s, 403(b)s, IRAs, and other tax-advantaged plans, especially if your employer offers a match. A common rule of thumb is that you should save at least 15% of your pre-tax income each year. If that’s not possible, then save as much as you can – and at least enough to get the full benefit of your employer’s matching contribution if one is offered.
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Estate Planning Lessons We Can Learn from Encanto
by Tara Cheever ~ Attorney at Law
May 20, 2022
Estate Planning, Trusts, Wills
Like the Madrigal family, you can use your estate plan to benefit the world around you. You can design your plan so that the money and property you leave will cultivate a legacy that will not only impact your immediate family but can also benefit the community for generations to come. The Carnegie Foundation, which funds libraries and learning centers around the country, and the Bill & Melinda Gates Foundation, which fights poverty, disease, and inequity worldwide, are well-known examples.
But you do not have to be a billionaire to establish a family foundation. In its simplest terms, a family foundation is a means of providing charity that is funded with family assets and often employs family members to work for its cause. Family foundations are an effective way to involve your family in establishing a charitable legacy that can benefit the community.
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10 Common Estate Planning Mistakes Your Family Can’t Afford to Make – Part 2
by Tara Cheever ~ Attorney at Law
May 17, 2022
Estate Planning, Incapacity, Trusts, Wills
Without a thorough understanding of how the legal process works upon your death or incapacity, along with knowing how it applies specifically to your family dynamics and the nature of your assets, you’ll likely make serious mistakes when creating a DIY will or trust. And the worst part is that these mistakes won’t be discovered until you are gone – and the very people you were trying to protect will be the ones stuck cleaning up the mess you created just to save a few bucks.
Estate planning is definitely not a one-size-fits-all endeavor. Even if you think your particular situation is simple, that turns out to almost never be the case. To demonstrate just how complicated estate planning can be, last week in part one, we highlighted the first five of 10 of the most common estate-planning mistakes, and here we wrap up the list with the remaining five mistakes.
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Dutiful Child or Manipulator of the Elderly?
by Tara Cheever ~ Attorney at Law
May 13, 2022
Estate Planning, Incapacity, Personal Representative, Trusts, Wills
As parents age and their physical and mental capacities diminish, it is natural for their adult children recognizing the parents’ decreasing ability to care for themselves, to step in and help them. Often, a specific child will take over the responsibilities, such as taking the parent to doctor’s appointments or the attorney’s office. As the parent begins to depend on the child more and more, it may make sense to appoint the child as a trusted decision-maker and even give them a larger inheritance to compensate them for their time. At the same time, other family members must take extreme care to ensure that a manipulative caretaker is not exploiting the elderly parent.
With more people living into their eighties and nineties, elder abuse is a serious and increasingly common problem in our society. Elder abuse can take several forms, including physical, sexual, emotional, and verbal abuse or caretaker neglect or exploitation. Up to one-half of all elder abuse in the United States is financial exploitation, which is the aspect this article focuses on. Financial exploitation includes outright theft of money or property, illegal transfers of property, identity theft, and misusing a position of trust, such as through a power of attorney.
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10 Common Estate Planning Mistakes Your Family Can’t Afford to Make – Part 1
by Tara Cheever ~ Attorney at Law
May 10, 2022
Estate Planning, Incapacity, Trusts, Wills
If you die without an estate plan, the court will decide who inherits your assets, which can lead to all sorts of problems. Our state’s intestate succession laws determine who is entitled to your property, which hinges largely upon whether you are married or have children. Spouses and children are given top priority, followed by your other closest living family members.
If you are single with no children, your assets typically go to your parents and siblings and then more distant relatives if you have no living parents or siblings. If no living relatives can be located, your assets go to the state. It’s important to note that state intestacy laws only apply to blood relatives, so unmarried partners and close friends would get nothing. If you want someone outside of your family to inherit your assets, having a plan is an absolute must.
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