Today many people are choosing cremation over a traditional burial. Many of our clients at Scott C. Soady, A Professional Corporation ask that we include in their advance health care directive provisions that they prefer cremation and want their ashes scattered at a designated location or at the discretion of…
The Illinois Supreme Court recently held that a Jewish couple’s wish to disinherit any of their grandchildren that married outside their faith was lawful. The particular will had provided that upon the death of the surviving Trustor, if any grandchild had married outside the Jewish faith, their non-Jewish spouse had…
The use of special needs trusts in estate planning is becoming more common than in generations gone by. A Special Needs Trust, also known as a Protective Trust, Medicaid Trust, or Supplemental Needs Trust is one created specifically for a disabled beneficiary. Often disabled children and adults are receiving government…
There are many reasons why a will or a trust may be challenged and set aside as invalid. Here are some of the more common grounds to contest someone’s will or trust. 1. Coercion – If someone coerces the testator (the person creating the will or trust) to make changes…
When planning your trust, most people of course think about how they want their assets distributed, who will be their successor trustee, who will be the guardian of their minor children, and on what terms will their beneficiaries receive certain assets. What many people overlook is the family dynamics, ie.…
At Law Office of Scott C. Soady, A Professional Corporation, we often have people call us after reading our blog or website articles and ask such questions as “My father died but he didn’t have much, just a home. Do I have to file for probate?” or “My grandmother left…
Have you thought about what happens to your “digital assets” when you are gone? What happens to your email, your Facebook page, your blog, your website? What about online banking and investment accounts? What about all the photos you have stored on your computer and personal information that needs to…
Some clients ask whether they need to change their will or trust when they move into California from another state. Usually wills and trusts created in one state are valid in others as long as they were validly executed in the state where they were created. However there may be…
Whether you need an estate plan depends in part of what stage of life you are in, your financial situation, and other factors unique to you. If you are young and just starting out with no home and few assets, a Durable Power of Attorney and an Advance Health Care…
In the estate planning world we used the term “fiduciary” a lot. Trustees, administrators, executors, and agents under a power of attorney are all “fiduciaries”. What does that term mean? A fiduciary is an individual who undertakes to act for and on behalf of another in a particular matter. A…