There are several reasons that a will may prove invalid. It is important for testators to be aware of these pitfalls in order to avoid them. Improper Execution The requirements vary from state to state, but most states require a valid will to be witnessed by two people not named in the will. Some jurisdictions require the document to be notarized as well....
Lewis Kannegieter Law, Ltd. Blog
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.
Is a copy of a will sufficient?
Many people keep their important documents at home where they are easily accessible. It’s not at all uncommon to find people with a filing cabinet or even a shoe box containing passports, account statements, deeds, tax returns, birth certificates and social security cards. Wills are often added to these files once the estate planning process is completed....
Testamentary v. Inter Vivos Trusts
The world of estate planning can be complex. If you have just started your research or are in the process of setting up your estate plan, you’ve likely encountered discussions of wills and trusts. While most people have a very basic understanding of a last will and testament, trusts are often foreign concepts. Two of the most common types of trusts used in...
Responsibilities and Obligations of Personal Representatives
When a person dies with a Will in place, a Personal Representative or Executor is named as the responsible individual for winding down the decedent's affairs. In situations in which a Will has not been prepared, the probate court will appoint someone to that role. Whether you have been named or appointed, the role comes with certain responsibilities...
How to Leave to Stepchildren
Today, blended families have become increasingly common, and many individuals have stepchildren. In situations where stepchildren have not been legally adopted, however, they do not have a legal right to an inheritance from a stepparent. For those who wish to leave stepchildren part of their estate, it is necessary to include them in an estate plan. There...
The Difference between Equal and Equitable Inheritances
When it comes to estate planning, many individuals believe that dividing assets equally among adult children is the best choice. However, there are situations in which leaving each child the same amount might not be practical. For this reason, it is important to know the difference between an equal inheritance and an equitable inheritance, in which each...
Leaving a Timeshare to a Loved One
Timeshares are a popular piece of property for people who enjoy vacationing. But timeshares can create complications when it comes to estate planning. If you have a timeshare you need to consider how it will be handled in the event of your death. You may have some options in how to handle the transfer. It is important to investigate what documents the...
Preventing Will Contests
So, you have a will, but is it valid? A will can be contested for a multitude of reasons after it is presented to a probate court. It is in your best interest to have an attorney draft the will to prevent any ambiguity in the provisions of the document that others could dispute later. A will may be targeted on grounds of fraud, mental incapacity,...
Will or Won’t? Things a Will Won’t (or Can’t) Do
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...
Things to Consider When Picking an Executor
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...
Why Shouldn’t I use a Form from the Internet?
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,...
Why New Parents Need an Estate Plan
Becoming a new parent is a life changing experience, and caring for a child is an awesome responsibility as well as an amazing joy. Among the many things for new parents to do to provide for their children is to complete their own estate plan. This is the time to think about your child's future by asking an important question: who will care for your child...







