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.
When someone dies without a will, it is known as dying intestate. In such cases, state law (of the state in which the person resides) governs how the person's estate is administered. In most states, the individual's assets are split -- with one third of the estate going to the spouse and all surviving children splitting the rest. For people who leave...
Many people give to charity during their lives, but unfortunately too few Americans take advantage of the benefits of incorporating charitable giving into their estate plans. By planning ahead, you can save on income and estate taxes, provide a meaningful contribution to the charity of your choice, and even guarantee a steady stream of income throughout...
You want your money and property to go to your loved ones when you die, not to the courts, lawyers or the government. Unfortunately, unless you’ve taken the proper estate planning steps your heirs could lose a sizable portion of their inheritance to probate court fees and expenses. A properly-crafted and funded living trust is the ideal probate-avoidance...
In the unsettled time after a loved one’s death, imagine the added stress on the family if the loved one died without a will or any instructions on distributing his or her assets. Now, imagine the even greater stress to grieving survivors if they know a will exists but they cannot find it! It is not enough to prepare a will and other estate planning...
As many can attest, going through a divorce can be a difficult experience and the process can become contentious. Even after the spouses reach a settlement, conflict may continue to arise, particularly when a parent fails to make the required child support payments. In these cases, it may be necessary to take legal action to enforce the child support...
Estate planning is important for everyone. We simply don’t know when something tragic could happen such as sudden death or an accident that could leave us incapacitated. With proper planning, families who are dealing with the unexpected experience fewer headaches and less expense associated with managing affairs after incapacity or administering an estate...
Let's face it: getting divorced can be an emotionally charged experience, particularly if the proceedings become contentious. One way to avoid the acrimony that can arise in a marital breakup is by pursuing an approach known as collaborative law divorce. Collaborative Law at a Glance There are three overarching principles of a collaborative divorce. First,...
In general, wills or living trusts that are valid in one state should be valid in all states. However, if you’ve recently moved, it’s highly recommended that you consult an estate planning attorney in your new state. This is because states can have very different laws regarding all aspects of estate planning. For example, some states may allow you to...
Estate planning is a powerful tool that among other things, enables you to direct exactly how your assets will be handled upon your death or disability. A well-crafted estate plan will ensure you and your family avoid the hassles of guardianship, conservatorship, probate or unpleasant estate tax surprises. Unfortunately, many individuals have fallen victim...
Most people believe that probate should be avoided if at all possible. It can be an expensive, time-consuming process that exposes your family’s private matters to public scrutiny via the judicial system. It sounds simple enough to just gift your property to your children while you are still alive, so it is not subject to probate upon your death, or to...
Congratulations are in order—you have accumulated enough wealth to be concerned about eventually passing it along to your children and grandchildren in a manner that will encourage them to lead positive and productive lives. Like many, your objective is to allow your children to enjoy the rewards of wealth without becoming irresponsible, overindulgent or...
Often estate planning focuses on the “big picture” issues, such as who gets what, whether a living trust should be created to avoid probate, and tax planning to minimize gift and estate taxes. However, there are many smaller issues, which are just as critical to the success of your overall estate plan. Below are some of the issues that are often overlooked...