Many people assume that once a simple will is complete, their estate is safe and their loved ones protected. This misconception is likely due to the vast number of "fill in the blank" legal documents available online, and the number of kits that can be purchased at office supply stores. Wills are not that simple, [...]
It is a common assumption that if you do not have a Will, and pass away, that your spouse will inherit everything. While each state has its own unique laws that outline how property is handled, in most states it is not automatically assumed that the spouse will gain all of your possessions and assets. [...]
Once the initial shock of a diagnosis of Alzheimer's has passed, the immediate panic of "How do we pay for long-term care?" typically sets in. Most people make the decision to move to assisted living or nursing home care during periods of great stress. Finding the right facility can be panic inducing enough, but figuring [...]
If you are estate planning and are unfamiliar with the proceedings, you may wonder if avoiding probate proceedings would help lower the estate's tax liability. Unfortunately, whether your estate goes to probate or not has zero affect on your estate's tax planning. The two are very separate. Probate is the court proceeding that is set [...]
There are several elements that should be considered when determining the cost of probate proceedings. Each state has its own laws that determine formal probate costs. Typically, these fees include: Attorney fees Executor fees Court filing fees Miscellaneous costs The cost of the attorney and executor is determined by the court, and is often a [...]
A common question asked when a person tackles estate planning is "Will having a Living Will help avoid probate?" The answer is yes, and no. Here's why: In the majority of states, the assets held in a Living Trust are not subject to probate proceedings in court. When done properly, a Living Trust can be [...]
One of the most common misconceptions about estate plan is that a will helps protect you from probate court. In fact, a Will is often your one-way ticket to probate. Probate is the process that happens in the court to determine if a Will is valid. Who is Alerted if Probate is Scheduled? Several parties [...]
You may notice that the legal document section of your local office supply store has kits available for estate planning and living wills. Many websites claim to offer flat rate, low cost, fill in the blank legal documents for estate planning. This may make you think that you can have a DIY estate plan. While [...]
It is a common misconception that only wealthy individuals need to worry about an estate plan. Quite the opposite is true- everyone needs to think about estate planning: young or old, rich or poor. When you think of estate planning, you probably think about planning how your assets will be handled when you are very [...]
One of the longest journeys a caregiver makes is the seventh stage, which involves healing after the loss of the loved one. During this stage, you will find ways to accept what has happened and move on with life. The idea is not to forget the journey that led you to this point, but to [...]