A New Era of Attorneys
By Jessica L. Estes
Ever wonder what “Elder Law” is? Most people think that if you are 65 or older, it is called Elder Law and if you are younger than 65, it is called Estate Planning. The real difference, though, is the focus of the representation.
Generally, the focus of estate planning is to make sure you have legal documents in place that provide the following: Read More
By Jessica L. Estes
Asset preservation is simple; all it takes are three easy steps. First, know the rules. Second, know your predators. Third, know your options.
There are two sets of rules: rules that apply during your lifetime and rules that apply after your death. During your lifetime, your named financial and health care powers of attorney will be able to act for you with respect to your finances and medical/end- of-life decisions, respectively. These are your rules. If you do not have these powers of attorney, you should get them; otherwise, your loved ones will have to apply for legal guardianship of you. Read More
What is guardianship and do I need it? Guardianship is the court process whereby an individual (usually a family member) is appointed by the court to make health care and/or financial decisions form someone who the court has deemed incompetent and not able to make those decisions him or herself. It is what the court calls, “the means of last resort” because the court prefers alternatives over guardianship because it is so restrictive. Such alternatives are powers of attorney, joint account ownership, etc.Read More
All too often will-seeking clients call the firm asking if we do “simple” wills, say they need a will, but don’t want one of those “long wills”, or claim to not have anything, so they just need a “basic” will. Most law firms will respond to the client, “Yes! We can do that!” But there are pitfalls that can arise, some foreseen and some unforeseen, when a person only has a “simple” will, and the client does not even know these potential pitfalls exist. Read More
One of the most common misconceptions is that if you are married and you die without a will, your spouse automatically gets everything. Unfortunately, that often is not the case. Instead, it depends on several factors. First, if you have any joint accounts, those accounts will pass automatically to the joint account holder. Second, if you have a named beneficiary on any account or asset, that account or asset will pass automatically to the designated beneficiary. Read More
A proper estate plan should provide for the following: (1) the ability to control your property while you are alive and able, (2) planning for you and your loved ones should you become disabled, and (3) after you die, making sure your assets go to the people you love without unnecessary cost or delay. Moreover, for an estate plan to be effective there needs to be proper asset ownership and control of the process.Read More
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