Estate planning, elder law, family transitions, business planning – the legal issues that affect your family are always evolving. Jennifer writes regularly to keep you informed, educated, and empowered. Browse the latest articles below, or search by topic to find what you’re looking for.
If a person becomes mentally or physically handicapped and can no longer make rational decisions about their person or their finances, his or her loved ones may consider a guardianship or a conservatorship court proceeding. In a guardianship an individual known as a guardian is court appointed to make decisions concerning the physical person of the...
A durable power of attorney is an important part of an estate plan. With a power of attorney a preselected agent can be granted power over the financial affairs of the individual signing the document. This power can be limited to specific decisions, like handling the closing of a real estate sale, or it can be much broader in scope to allow the agent power...
While the main objective of estate planning is to help individuals protect their assets and provide for loved ones, there are other important considerations, such as planning for incapacity. In short, it is crucial to plan for the type of medical care people wish to receive if a serious accident or illness makes them unable to make or communicate these...
We all need a Will if we have any assets that we are going to leave behind but often extra care is not taken with specific instructions. These specific instructions could have a life changing difference to your children which are without a doubt your biggest asset, no matter how wealthy you are. Often the planning of your estate is something that we spend...
Wills offer many benefits and are an important part of any estate plan, regardless of how much property you have. Your will can ensure that after death your property will be given to the loved ones you designate. If you have children, a will is necessary to designate a guardian for them. Without a will, the courts and probate laws will decide who inherits...
While the terms "estate tax" and "inheritance tax" are often used interchangeably, they are not synonymous. Let's try to clarify the difference. Estate Tax Estate tax is based on the net value of the deceased owner's property. An estate tax is applied to these assets when they are transferred to the beneficiary. It is important to remember that an estate...
The role of an executor or Personal Representative is to effectuate a deceased person’s wishes as declared in a will after he or she has passed on. The executor’s responsibilities include the distribution of assets according to the will, the maintenance of assets until the will is settled, and the paying of estate bills and debts. An old joke says that you...
When creating a living trust, it is common practice that the person doing the estate planning will name themselves as trustee and will appoint a successor trustee to handle matters once they pass on or become incapacitated. If you have been named successor trustee for a person that has died, it is important that you hire an estate planning attorney to...
A Revocable Living Trust is a common estate planning tool that has many benefits. As a revocable trust, the person creating the trust, the grantor, retains the ability to change or rescind the document at any point. The document is called a “living” trust because it is applicable throughout one's lifetime. If an individual wants to maintain full control...
There are many circumstances that can impact an estate plan, not the least of which is your marital status. Spouses are granted a wide variety of rights to each other’s property in the event of death or divorce. While the laws do vary from state to state, there is often a difference in how marital property is treated compared to non-marital or separate...
In this computer age, when so many tasks are accomplished via the internet -- including banking, shopping, and important business communications -- it may seem logical to turn to the internet when creating a legal document such as a will. Certainly, there are several websites advertising how easy and inexpensive it is to do this. As tempting as it may be,...
A thorough and complete estate plan must take into account a significant amount of information about your assets, your family, your property, and your wishes during and after your life. When you schedule your Personal Strategy Session at Lewis Kannegieter Law, Ltd. you are asked to complete a client questionnaire to bring to the meeting. While it is not...