The Right to Control Funeral and Burial Arrangements (Part 2)
In my post last week, I explained how my client Joe can insure that his burial wishes are carried out. One option is to set up a prepaid burial plan. He can set aside money in trust to cover the burial arrangement he has chosen while alive.
The Right to Control Funeral and Burial Arrangements (Part 1)
Recently my client, Joe asked me how he could be sure his wishes with respect to his funeral arrangements would be honored. Joe is not married. He has children but is not close with them. He has no siblings. I suggested to him that he could set
The Problem with Out of State Documents – Part 2
In last week’s post I was telling you about a situation with a client who has a North Carolina power of attorney that his wife needed to use here in New Jersey where they currently live. The document is a springing power of attorney, meaning it does
The Problem with Out of State Documents – Part 1
I am often asked whether moving from one state to another requires someone to redo their legal documents. While I obviously don’t have knowledge of the laws in every state, my general answer is that I am not aware of any state that invalidates a will, power
What Constitutes a Validly Executed Will
An interesting case caught my eye on the internet the other day. An Australian court found that an unsent text found in a deceased man’s phone, stating that he wanted his estate to go to his brother and nephew, not his wife and son, composed before he took his
Estate Planning for Your Pet (Part 1)
Everyone loves their pet. We spend millions in pet products and vet bills each year and that number seems to increase every year. A question I increasingly am asked is what happens to my pet when I pass away? What are my options in terms of providing a safe
Do-It-Yourself Wills #doityourselfwill
Do a search online and you can quickly find advertisements for websites and software that will help you prepare your own will and other legal documents. Some choose this option to save the legal fees. But is this being “penny wise but pound foolish”? Estate planning is as much
Estate Planning – Changing as We Age
When I ask someone if they’ve got an estate plan in place – the basics being a will, power of attorney and health care directive, often the response is “yes, we took care of that a number of years ago”. But, what many people don’t realize is that the
Can a Mentally Impaired Person Execute a Will?
Mom has been diagnosed with dementia. She doesn’t have any estate planning documents, such as a will, power of attorney or health care directive. I am often asked, “Can Mom still execute these documents? What level of capacity is needed?” The legal capacity needed to execute a will is
A $500,000 Estate Planning Mistake (Part 2)
Last week we were talking about Mary, who is losing out on a $500,000 401k her husband left to her in his will. So, why is the 401k custodian telling her she isn’t entitled to it? The reason is that the will does not automatically control how all property