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Estate Planning | Elder Law | Special Needs Planning

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Recent Posts in Estate Plan Category

  • WHAT'S STOPPING YOU?

    Most Americans do not have Wills. We have discussed the problems with this before on this blog, but it is a subject that is always worth revisiting. If we did not think it was important for people to have estate plans, then we would not do what we do as estate planning attorneys. However, we can only discuss the many reasons why you should have an estate plan so often. If you are reading this, ...
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  • JERRY BUSS' ESTATE

    When a celebrity passes away, it is often interesting to see if there is anything that we can learn from their estate . All too often, we learn the many ways that the celebrity did not plan their estate in an ideal way. However, sometimes, we find out that the celebrity did everything the right way. It is still early in the estate process, but at this point it appears that Lakers owner Jerry Buss ...
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  • BOB MARLEY'S MISTAKE

    Recently, Bob Marley’s widow, Rita Marley, and his half-brother, Richard Booker, settled the legal issues between them. The case is an interesting one and is instructive of a common estate planning pitfall that can lead to arguments and litigation between family members. Generally, Marley’s family has been very protective about how the late singer’s image and likeness can be used. They have even ...
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  • DIGITAL ASSETS IN NEW YORK

    The Nebraska legislature is considering joining a small group of states that have recently enacted legislation granting the estates of deceased persons’ access to the deceased’s digital assets, such as Facebook and Google+ accounts. The reason that they are doing so is that digital assets are new and under current laws, an estate has to get a special court order to access the accounts and remove ...
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  • NEW ESTATE PLANNING SCAM

    We have previously told you about non-attorneys who set up websites to sell Living Trusts . It should go without saying to our savvy readers that purchasing a Living Trust from one of these websites is a terrible idea. Some of these same people have a new method to try to take your money and give bad estate planning advice. The new trend is to offer what they call estate planning organizers. ...
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  • USTINOV'S WILL INVALIDATED

    Most people do not know that there are circumstances where they can create a valid Will that a court will later rule is invalid because it is too old and other things have happened in the intervening years. It is rare that it happens, but it does happen. It happened to the estate of the legendary actor Sir Peter Ustinov. Ustinov created a Will in 1968 and then got remarried a few years later. His ...
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  • COVERING THE BASICS

    Often times in this space we take something for granted. We assume that our readers are interested in estate planning, so they must know what an estate plan is. That is our mistake. Many people do not really know what an estate plan is. With this post we hope to make up for that by telling those readers what an estate plan actually is. An estate plan is a collection of legal documents that are ...
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  • PLANNING FOR CHANGES

    ome big changes in your life are easy to recognize. When you have your first child, for example, you know that your life has dramatically changed. At these times, it is easy to see why you need to update your estate plan to reflect the changes. However, there are other changes in your life that are harder to recognize because they occur gradually. For example, in your career, you will probably ...
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  • THE AFFORDABLE CARE ACT AND YOUR ESTATE

    The Supreme Court’s recent decision to uphold the Affordable Car Act effects more than just your health care and your health insurance. It could also have important implications for your estate plan that you should talk to an estate planning attorney about. The Affordable Care Act implements a new 3.8% surtax on investment income, including investment income of estates and Trusts that is not ...
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  • Most estate planning clients want to avoid court interference through guardianship proceedings once they learn what it entails. A guardianship is a court proceeding during which your competency is questioned. It is expensive, time consuming, public, and

    Most estate planning clients want to avoid court interference through guardianship proceedings once they learn what it entails. A guardianship is a court proceeding during which your competency is questioned. It is expensive, time consuming, public, and stressful. If the court determines that you are incapacitated, it will appoint a guardian to take over your finances. You have no control over who ...
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  • HOW DOES A REVOCABLE LIVING TRUST AVOID GUARDIANSHIP?

    Most estate planning clients want to avoid court interference through guardianship proceedings once they learn what it entails. A guardianship is a court proceeding during which your competency is questioned. It is expensive, time consuming, public, and stressful. If the court determines that you are incapacitated, it will appoint a guardian to take over your finances. You have no control over who ...
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