Many of our clients hire us to prepare documents to help them avoid guardianship if they lose their mental capacity.  My step-mother died of Alzheimer’s Disease when she was 59.  When Alzheimer’s strikes at that age, it’s called the early onset.  PBS ran a special on this form of the illness and called it an epidemic.  She technically died because …

Living Trusts are used to help folks avoid probate and guardianship.  They are also used to shelter assets from lawsuits and preserve the assets for your children.  But Living Trusts are not for everyone.  Here is one possible analysis to help you determine if a Living Trust would benefit you or your family.  This is not a complete analysis so …

Often I write about the dangers to your family if you marry a “Gold Digger” if your spouse dies.  Without proper planning, a remarriage can dramatically alter the disposition of your assets when you die.  In community property states, like Nevada, any assets acquired during the marriage are presumed to be community property such that if there was a death, ...

A woman who attended one of my Living Trust workshops came to see me with two trusts that had been formed for her by an online form company.  She paid approximately $500 for each of the trusts.  This company claimed they could prepare Living Trusts and that you don’t need an estate planning attorney to help you.  Nothing could be ...

After a person dies, what happens to their assets? If you have recently lost a loved one, you may be wondering how their assets will be transferred to family members and other heirs. Understanding this process can help during a time of grief, as it can otherwise be overwhelming and needlessly stressful. Know that if desired, a probate or estate …

Death Probate is a legal proceeding to settle the estate of a person who has died. It includes appointing an executor/executrix, settling with creditors and dividing the assets among your beneficiaries. Living Probate is a term that was coined to describe a conservatorship or guardianship proceeding if a person has lost their mental capacity. Both Death Probate and Living Probates ...

The probate process can be difficult to navigate. Often, people are confused about what happens when an estate enters the process of probate. Who takes care of the taxes, paperwork, appraisals, and distribution of the assets? The information below contains important facts to keep in mind when dealing with probate. Executor The executor of a will is either named in ...

Wills and trusts are common ways you can convey your assets to other individuals upon your death, according to Cornell University School of Law. You may have reached a place in life that you feel the need to prepare a will. In addition, you may wonder if you should retain an attorney to assist you in preparing it. There are ...