We often read stories about heirs fighting over a deceased relative’s multimillion-dollar fortune. But some estate disputes arise over seemingly trivial matters. The common thread in many of these disputes is insufficient direction from the deceased person’s estate plan. A One Hundred Dollar Case Recently, the Supreme Judicial Court of…
In dealing with an elderly person who suffers from dementia or who otherwise loses the capacity to make decisions, it may be necessary to create a conservatorship. This occurs when a probate court appoints someone to act as the disabled person’s agent in making legal, financial and healthcare decisions. Careful…
Court judgments are an asset that must not be overlooked as part of your estate planning. For example, if you are receiving the proceeds of a personal injury lawsuit, that is an asset you must factor in to your will or trust. Similarly, if any litigation is pending at the…
Academy Award-winning actor Philip Seymour Hoffman died on February 2, 2014. His last will and testament was recently filed in a New York City probate court. Curiously, the will directed Hoffman’s executor to distribute his estate according to the provisions of New York intestacy law, which normally applies to estates…
Many people do not bother to create a will because they don’t have much property. Why go to the trouble and expense when you own so little? But a will-and estate planning in general-isn’t just about what you own today, but what you might own in the future, and failing…
A life estate provides a means of transferring real property before death. In a life estate, Person A conveys the title to his house to Person B with the stipulation that Person A may continue to live in the house until his death, at which time Person B assumes sole…
Estate planning is about providing for the future. Sometimes, it’s about providing for a very distant future. For example, the famous actor and singer Bing Crosby died nearly 40 years ago, yet a California appeals court just recently issued a decision regarding property that still belongs to his estate. Even…
It’s important to update your estate plan after a major life event, such as the birth of a child. An accidental omission may be correctable under California law, but it adds to the burden of your estate’s executor and the courts. A recent California Court of Appeals decision demonstrates how…
It’s common for spouses to execute a joint estate plan, signing their respective wills at the same time under the advice of the same estate planning attorney. What’s uncommon is when the spouses inadvertently sign each other’s wills. While it may sound ridiculous that such an error would go unnoticed,…
A last will and testament is an important legal document. It is not something that should be drafted or signed without careful consideration. And once a will is signed, it’s essential to keep the original in a safe place where it may be located after the person’s death. As a…