Many people are familiar with the concept of “power of attorney”, but less have an idea about these documents operate. A power of attorney is used to give one or more individual the power to act on your behalf or as your agent in case something happens to you. …
Articles Posted in Estate Planning
Things to Consider when Selecting a Person for Power of Attorney
Most people are familiar with the concept of power of attorney even if they are not familiar with the various nuances associated with the estate planning process. Power of attorney allows a person to appoint another individual as an agent who will make financial and health care cases in…
Advice on Successful Family Meetings after Divorce
Even after divorce, it is still important to get together with the people we love and value and the most. The families of divorced parents, however, discover that these events are often stressful and that there is a substantial chance negative emotions can get in the way. When former…
Common Type of Estate Planning Mistakes (and How to Avoid Them)
As estate planning professionals, we encounter a number of situations and are very familiar with the most common types of estate planning errors that people make. No matter if these mistakes are the result of laziness or lack of care, errors in estate planning have the potential to create…
Turcott v. Estate of Clarence D. Bates: Unjust Enrichment and How to Avoid It
The Idaho Supreme Court recently affirmed a court’s award of damages for unjust enrichment. The case, Turcott v. Estate of Clarence D. Bates, concerned a woman and her husband who spent a substantial amount of time and money making improvements for the woman’s father with the assumption that the woman…
The Role of Handwritten Wills
When Aretha Franklin passed away in 2018, she was not believed to have had any type of estate plan. Months after her death, however, several handwritten wills were located in the late singer’s home. While some people think that handwritten wills are never valid, this is simply not true.…
Advice on Selecting a Digital Asset Guardian
As time passes, an increasing number of people are finding out that they have digital assets as part of their estate plan. No matter if it’s audible content, digital documents, or social media page, however, it is often critical to appoint someone who can properly look over these assets in…
Important Considerations in the Removal of an Administrator or Executor
The Indiana Supreme Court recently upheld the removal of a father as the administrator of his deceased son’s estate. The son was killed in an accident in July 2007 when the vehicle that he was traveling in was struck by a bus. The man’s surviving daughter was subsequently placed…
Estate Planning and Assisted Reproductive Technology
Each year, thousands of Americans rely on assisted reproductive technology to have children. While this advancement in the medical industry has allowed people who would have otherwise been unable to have children do so, it is not without its complications. One of the frequently overlooked areas impacted by artificial…
Defining Undue Influence: Lessons Learned from Portland Museum of Art v. Germain
The Portland Museum of Art in Maine recently initiated legal action against the caretaker of an art collector. The Museum claimed that the caretaker bequeathed as much as $2 million to museum, but was convinced to not do so before her death. As a result, the art collector changed…