Most people are familiar with the concept of power of attorney even if they are not familiar with the various nuances associated with the estate planning process. Power of attorney allows a person to appoint another individual as an agent who will make financial and health care cases in…
New York Estate Planning Lawyer Blog
Advice on Successful Family Meetings after Divorce
Even after divorce, it is still important to get together with the people we love and value and the most. The families of divorced parents, however, discover that these events are often stressful and that there is a substantial chance negative emotions can get in the way. When former…
Common Type of Estate Planning Mistakes (and How to Avoid Them)
As estate planning professionals, we encounter a number of situations and are very familiar with the most common types of estate planning errors that people make. No matter if these mistakes are the result of laziness or lack of care, errors in estate planning have the potential to create…
Turcott v. Estate of Clarence D. Bates: Unjust Enrichment and How to Avoid It
The Idaho Supreme Court recently affirmed a court’s award of damages for unjust enrichment. The case, Turcott v. Estate of Clarence D. Bates, concerned a woman and her husband who spent a substantial amount of time and money making improvements for the woman’s father with the assumption that the woman…
Advice on Funding Special Needs Trusts
If you are a parent with a special needs trust, you likely understand how critical it is to prepare for the future. After all, these trusts make sure that a child continues to receive financial support in case you die or become incapacitated. These trusts are also particularly helpful because…
The Role of Handwritten Wills
When Aretha Franklin passed away in 2018, she was not believed to have had any type of estate plan. Months after her death, however, several handwritten wills were located in the late singer’s home. While some people think that handwritten wills are never valid, this is simply not true.…
Reasons to Consider Creating a Trust
Many people fail to engage in any type of estate planning. Statistics compiled by AARP suggests that approximately 60% of Americans lack a will or any type of estate planning. Of the people who do decide to create plans for what happens in case they die or become incapacitated,…
Advice on Selecting a Digital Asset Guardian
As time passes, an increasing number of people are finding out that they have digital assets as part of their estate plan. No matter if it’s audible content, digital documents, or social media page, however, it is often critical to appoint someone who can properly look over these assets in…
Important Considerations in the Removal of an Administrator or Executor
The Indiana Supreme Court recently upheld the removal of a father as the administrator of his deceased son’s estate. The son was killed in an accident in July 2007 when the vehicle that he was traveling in was struck by a bus. The man’s surviving daughter was subsequently placed…
Estate Planning and Assisted Reproductive Technology
Each year, thousands of Americans rely on assisted reproductive technology to have children. While this advancement in the medical industry has allowed people who would have otherwise been unable to have children do so, it is not without its complications. One of the frequently overlooked areas impacted by artificial…