Category Archives: Wills
Why A Will Isn’t Enough To Avoid Probate
You read and hear about the importance of having an estate plan. So you get and execute a will, thinking that you’ve avoided the significant problems that probate court can bring. Yes, a will is better than nothing, and a will is an important part of an estate plan. But if you think a… Read More »
Here’s How Creditors Collect And Get Paid In Probate
There are a lot of strategies to avoid having to pay the creditors of a deceased out of the proceeds of what the deceased left to beneficiaries. A lot of estate planning vehicles simply cannot be touched by creditors, and a lot of estate planning strategies will avoid probate, and thus, avoid the notification… Read More »
What Does An Executor Do?
If you have a will, and other methods to distribute your estate, you’re in good shape, and have taken a meaningful step towards passing on your property to your beneficiaries. But even the best estate plan has a problem: property and assets don’t just transfer themselves nor do they magically go into your loved… Read More »
Strategies To Avoid Relatives Fighting Over Your Estate Plan
It often happens that when people sit down to do their estate plan, they may want to leave more property to some beneficiaries or family members than others. When family gets more than friends, that isn’t usually a problem, but it often does become a problem when some family members are receiving more through… Read More »
Dying: What Is The Cost To Those Left Behind?
What does it cost to die? This sounds like a silly question, or at least, an obvious one. But dying does have a financial cost, and if that cost is overlooked in an estate plan, it can lead to beneficiaries not getting whatever it is that you intended for them to receive, or else,… Read More »
French Actor Tries To Have Pet Euthanized In His Estate Plan: There Are Better Ways
Many people, when planning their estate, make plans for beloved pets. That’s a great idea. But one French actor tried to include a provision that proved to be very controversial, and ultimately, denied: he asked that his otherwise healthy dog be euthanized, so that he could be laid to rest with his animal. Request… Read More »
Avoid The Cost And Expenses Of Probate Court-It’s Not Cheap
You probably have read both our blog and others advising about the benefits of avoiding probate—in fact, that’s one main reason to have an estate plan in the first place. But one main reason to avoid probate is money—probate isn’t cheap, and avoiding it can save money in your estate, and thus ensure that… Read More »
Divide And Conquer: The Benefits Of A Directed Trust
In its simplest terms, a trust is set up by you, with instructions to the trustee on how and when to administer and distribute the assets that you place into the trust. The trustee has a lot of responsibility, and may have a lot of discretion, or very little discretion, all based on what… Read More »
Leaving Life Insurance Proceeds To A Trust: Does It Make Sense?
When you purchase a life insurance policy, you will very likely name a minor child as a beneficiary, if you have one. That’s natural, and that’s why you have life insurance—to take care of people you love. And, of course, we don’t anticipate the worst, so our assumption is that our minor children won’t… Read More »
California’s Next-Of-Kin Laws Can Create Problems
We tend to think of an estate plan as something you draw up and draft, in anticipation of whenever it is that you pass away. But estate plans aren’t just about death—they also help you plan for the contingency that you may be alive, but in no state to manage your affairs, or make… Read More »