If you are taking care of your elderly mother or father, especially if your parent is living in your house with you, pay attention: Your siblings will claim that you exerted undue influence on your parent. I am probably being a little overly cynical, but claims of undue influence, both before and after mom or […]
Top 10 Ways to Protect Yourself Against Claims of Undue Influence Read More »
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 »
After a love one has passed away, one item that most people do not want to think about is probate, but undoubtedly it may be one of the first things on his or her mind. One important question regarding probate is: what is a probate asset? Or, What assets are included in the probate estate?
What Are Assets in Probate? Read More »
Previously in Part I, we discussed what happens to the dispensation of an estate if a beneficiary happens to have killed the grantor. You may recall that the rule preventing the murdering-beneficiary from receiving any estate assets is called the “Slayer Rule.” Now that we know why and how the transfer of assets to the
Slayer Rule: Assets and Beneficiaries Read More »
A couple of weeks ago, we all lost one of the great musicians of American history ((and a personal hero of mine)). Although his greatness and legacy cannot be tarnished, there has been an unfortunate development with reference to the distribution of his estate. ((This is not a discussion of the specifics of that case,
The Probate Slayer Rule 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 »
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 »
