| Protection of the Immediate Family |
| One of the main purposes for making and leaving a will is to guide the administration of the estate of the testator--the person who made the will. A will should be written in language that is clear and indisputable. Alas, the language in a will may be unclear or vague. This article discusses will interpretation doctrines designed to protect the testator's immediate family from mistakes, or apparent mistakes, by the testator.More... |
| Choosing a Healthcare Power of Attorney |
| Like a durable power of attorney for financial decisions, a healthcare power of attorney permits you to name a medical proxy to make healthcare decisions on your behalf when you are no longer able to do so for yourself. Similar to a living will, a healthcare power of attorney can specify what kinds of measures you want taken. You should be aware that states have different names for the same healthcare power of attorney, including medical directive, directive to physicians, declaration regarding health care, designation of health care surrogate, and patient advocate designation.More... |
| Inheritance Without Planning Means No Changing the Default Plan |
| When a person dies intestate (without making and leaving a will), each state provides a default plan (usually known as the statute of descent and distribution) under with his or her net estate is disposed. When a person dies intestate, there is no changing the default plan. The default plan's sequences for determining who inherits and how much can not be changed. This article discusses the disadvantages of descent and distribution related to that inability to change who inherits and how much.More... |
| Basic Trust Types and Formation |
| A trust may be formed for any purpose that is lawful and not against public policy. More... |
| Nominee Trusts |
| The trust is probably the most flexible document in the estate planner's book. There are several special purpose trusts designed and drafted to accommodate special situations or objectives. Keep in mind that the special purpose trusts, as with all trusts, will have one or more trustees, with a mechanism for trustee replacement; one or more beneficiaries, with provisions covering all possible changes, such as death, disability, etc.; a corpus or assets transferred to the trustee; and provisions covering the management and disposition of those assets in all circumstances, up to the termination of the trust.More... |
