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What if I Cannot Find the Will?
A common occurrence after someone dies is that the estate documents can’t be found. Maybe it’s because they were lost, mistakenly destroyed, intentionally revoked, or hidden. Regardless, when someone passes away, and their will and trust cannot be secured, there is a...
How to Choose a Trustee
To be valid and enforceable, a trust must be funded with assets of value, and it must have a purpose. In addition, it must have a trustee. The person who legally holds the assets. When you establish your trust, you are required to nominate your trustee. While not...
How to Prepare for the Meeting with Your Lawyer
A common question often asked by people who want to hire an estate planning lawyer is, “How do I prepare for the first meeting?” Is the meeting in person? Is it virtual? Is it by phone? If it’s by phone, does the lawyer call me, or should I call them? What should I...
How Much Does an Estate Plan Cost?
How much does an Estate Plan cost? This is a question many ask, even before they know what an estate plan is and what it involves. While I understand the reason behind leading with that question, no competent lawyer will answer it until they know what you want and...
How to Choose a Lawyer
How to Choose a Lawyer? Choosing an estate planning lawyer to work with is a personal experience. It doesn’t matter whether you’ve hired them for a business issue, a family law matter, a personal injury concern, or an employment-related question; great care should be...
What is a Deed
What is a Deed and Why is it Important It is a legal instrument that transfers real property from one person or entity to another. The person who transfers the property is the grantor. The recipient of the real property is the grantee. Sometimes, the property is...
What is a Power of Attorney?
A power of attorney for finance is essential to a comprehensive estate plan. So, what is it, and why is it important? As with the agent for healthcare, the trustee, and the executor, the agent under a power of attorney acts as a fiduciary. This is someone authorized...
What is a HIPAA Authorization?
In 1996, the United States Congress enacted the Federal Health Insurance Portability and Accountability Act (HIPAA). Its purpose was to provide guidelines for protecting patient information and privacy. HIPAA provides healthcare professionals with consistent and...
What is a Healthcare Directive?
In 2020 when it appeared that the pandemic was ramping up, instead of dying out, many Americans got wise to the need for a Healthcare Directive. With so many dying from the coronavirus, it became apparent that preparing for death or incapacity was not just a concern...
What is a Trust?
It is a fiduciary relationship in which the grantor (sometimes called settlor, trustor, or trust maker) gives another party, known as the trustee, the right to hold title to property or assets for the benefit of a third party (the beneficiary). To be valid and...
What is a Will?
Most people have heard about wills. Many people are familiar with estate planning and the documents that make up the estate plan. They hear terms like wills, trusts, healthcare directives, HIPAA Authorizations, powers of attorney, and deeds and wonder, what are they?...
What are Trust Assets?
A trust must be funded with trust assets to be valid and enforceable. There is no limit on the type of assets placed in a trust. A trust can be funded with a variety of assets. A trust can be funded with real property, such as residential houses, commercial property,...
What is Probate?
Probate is the court-supervised process for distributing a deceased person’s assets, including their money and property. The operative words are “court-supervised.” There are pros and cons to probate. While lawyers often focus on probate's negative aspects, there are...
What is Intestate Succession?
Having an estate plan is a smart idea for several reasons. One reason is that YOU get to decide what happens to your money and property when you die. Without a plan, the state where you live determines how your assets are distributed. And you might not like the...
What is Incapacity?
While you are alive and competent, you should plan for incapacity. It is an essential part of an estate plan and the estate planning process. When possible, court proceedings for guardianship and conservatorship should be avoided. Here is why Patty is single and works...
What is an Agent for Healthcare and Finance?
An agent, sometimes called the attorney-in-fact, is authorized to act on behalf of someone else or on behalf of a legal entity. Sometimes agents are hired to represent a client in negotiating the terms of an agreement. An example might be a literary agent...
What is a Trustee?
Being named a trustee in someone’s revocable trust is an honor and a privilege. With such privilege comes significant responsibility. It doesn’t matter if you are appointed as a trustee after death or at incapacity. Your job is nonetheless critical and must be taken...
What is an Estate Plan?
Why should you have an estate plan? An estate plan can provide significant peace of mind by ensuring that your money and property are protected, plans are in place in the event you become ill, and your accounts and property pass down according to your wishes. What key...
Persuasion and Effective Speaking
This afternoon, I read an article in this month's ABA Journal, one of my legal periodicals. The article spoke about the power of persuasion and made some pretty good points about persuasion and effective speaking. As I read through the entire article, I...
Famous Copyright Case
Famous Copyright Case. Lady Liberty. Copyright Law provides that the owner of a copyright has several exclusive rights in their copyright protected content. Among those rights are the rights to reproduce, to display, and to distribute your copyright protected work....
Self-esteem and Courage
Self-esteem comes from having the courage to make tough, unpopular choices. People pleasing is deadly! It is easy to follow suit, be a part of the status quo, and subjugate your beliefs, values, and feelings--all in the name of fitting in and being liked. Most people...
The Forgiveness Factor
Key to Forgiveness. Willingness to Forgive. The key to forgiveness is a willingness to forgive. Just saying "I forgive you" doesn't rid you of the anger. Think about it: How often have you seen someone who says he's forgiven someone else and is still riddled with...
How to Avoid Probate
3 Reasons to Avoid Probate When you die, under probate it’s likely your heirs will have to sign documents in order to receive their inheritance. This can happen if you own property in your name only and if you haven’t expressly designated a beneficiary. Some of those...
Everything Happens for a Reason
"Why me?" Sometimes when we're disappointed because we didn't get the outcome we wanted, it's hard to understand why it happened. It seems unfair that we try hard to achieve our goals with little visible success. It's tough if we did our very best. "Why me?" we ask....
Courtesy. Kindness. Politeness.
Being thoughtful and polite. Do you think there is a rudeness epidemic in America? According to a national survey conducted from 2011 to 2013 among 1,000 American adults, 70% believe incivility has hit pandemic proportions. And 43% percent anticipate they'll...
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