The digital world is ever expanding, and your collection of digital property expands with it. From accounts and content on Facebook, Twitter, and Instagram to downloaded music, movies, and books there is a considerable amount of information stored online that needs to be accounted for after death. These accounts and files should be passed to […]
What Happens to Your Digital Assets After You Die? Read More »
A rogue trustee might sound like an intriguing character from a thrilling novel, but it’s a serious issue in the estate planning sphere. A rogue trustee is someone who manages a trust but stops following the rules set out in the trust documents. Legally, this can constitute a breach of fiduciary duties. If this happens,
How to Identify and Deal with a Rogue Trustee Read More »
With a $3 million estate hanging in the balance, a unique situation unfolded involving a handwritten will, disinheritance, and some complex legal rules. This dispute was between the state of Nevada, the deceased’s half-sister, and the deceased’s daughter. Each party had a stake in the case with those stakes changing over time. The highlights and
The Melton Estate: A Lesson in Holographic Wills Read More »
A trust is essentially a legal arrangement where you can set instructions for managing and distributing your assets after your passing. It’s a plan for your estate that kicks into action once you’re no longer around. While there are several different types of trusts, this post focuses on the advantages of a revocable living trust.
Circumventing Probate: How to Use a Trust Read More »
Some elements of the law get confusing simply because they involve too many “what ifs” while others are confused by the terms involved. When both of these confusions show up, it can take a lot of explaining to get a point across. To simplify this topic, the following hypothetical scenario is presented to create some
Understanding Community Property and Ademption Read More »
There are very few certainties in life, yet the cliche of ‘death and taxes’ seems to be more true with time. After the death of a loved one, many family members are concerned about taxes that may be due; it is not an accident that the disparaging term ‘death tax‘ has caught on with such
Will Estate Tax Apply to You? Read More »
Occasionally, I receive phone calls from individuals who are dealing with problems with the executor of the loved one’s estate. Sometimes the executor is refusing to divide the deceased’s personal possessions fairly; sometimes the executor is refusing to communicate with the individual or to share information about the deceased’s estate; and sometimes, in a worst
What a “No Contest” Provision of a Will Really Means Read More »
Most of us prefer not to think about death, or the its implications for our possessions and finances. However, it happens to everyone eventually, and if you are not prepared, you could find that your belongings and wealth go to the state, rather than to your loved ones. One of the best ways to ensure
What Does an Estate Planning Attorney Do? Read More »
With so many financial and testamentary instruments to choose from, people often struggle to get started with an estate plan. The attorneys at Clear Counsel Law Group have some recommendations about the most vital elements of an estate plan. But for those that want to create a more lasting plan that better serves your future
Should You Create a Living Trust? Read More »
Wills ensure that your wishes are known concerning how your estate is handled after your death. While they allow you to name beneficiaries, (among other functions), there are also matters that should not be included in your will. Below are a few potential issues to be aware. Property Matters There are rules restricting the types
What a Will Cannot Do Read More »
