It is October, and Halloween is coming up. A couple of years ago my four year old asked what a friend of ours would be for Halloween by asking, “What will Erazz be for Halloween? A witch!” He mispronounced our friend Mirazz’s name, and made us laugh, but picking a costume is always a fun part of Halloween. Picking an estate plan may not be as fun as a Halloween costume, but comparing the two is why this blog exists, so let’s get to it: As a little kid, candy was pretty important to me, so I had to pick the right costume. I wanted to get as much candy as possible, as quickly as possible … [Read more...]
Making Beneficiary Designations Work for You
You spend hours setting up the perfect estate plan, and you are set up exactly the way you want. Everything seems perfect, and then it comes time to implement the plan. But wait, what is this? Your assets are transferring outside of the perfect plan? How can that be? What is going on? What happened? Is everything now ruined because of something outside of the estate plan? In my last blog, I discussed the four main ways that assets transfer - a will, a trust, a transfer on death designation, and a beneficiary designation - when someone passes away. Each method has a purpose, with benefits … [Read more...]
Estate Planning 101: The Four Methods of Transfer & Who Gets What
I am amazed at how often people want a will written to make sure their assets go where they want when they die, but have never considered what other methods of transferring assets exist. And...what different types of asset transfer options are available to use. These people want me to write a will to make sure assets go where the individual desires. At the same time, they want to know which document will win, a will, or something else. Although I would love to see the documents fight things out in a little arena of document battle, I am unsure how that would work, since they are made of … [Read more...]
How to Determine Mental Capacity for a Will or Estate Plan
Your mind matters! I often have people I meet who feel the need to apologize to me for not having created an estate plan before they met with me. Many times this comes from an older couple who realized that they should have planned sooner. I think I addressed that attitude in my last blog about putting things off until tomorrow, but I often reassure these types of people by talking about the two threshold requirement to put together an estate plan, as follows: You need to be alive. You need to be mentally competent. There may be a lot of other things that need to happen to set … [Read more...]
Where there’s no Will, There is a Way
When someone asks me, “Well, if I set things up right, I don’t even need a will or a trust, right?” I often wonder if the person asking the question wants an actual answer, or just wants me to agree with them. I think I understand what the person is asking, but I am not sure why someone would want me, an estate planning attorney, to simply agree that the work I normally do serves no purpose. Perhaps it is because people want to look for easy ways to do things, or they don’t want to be involved with the courts after a loved one or relative passes away. Or, perhaps people just don’t want to … [Read more...]