It happens often enough that a parent for many reasons decides to disinherit one, several or all of his/her children. At the same time, this is often not a controversial decision and is just as common both understandable and predicable. Perhaps a person promised their estate to a specific child,…
Articles Posted in Wills
LET GO OF MY INHERITANCE – INTERFERENCE WITH AN EXPECTANCY
WRONGFUL INTERFERENCE WITH WILL It is known by many different names, depending on the state and the era. Most recently it made its appearance in news headlines with the name – intentional interference with expected inheritance, sometimes even shortened it IIEI. The United States Supreme Court referred to it as…
INVALIDATING A WILL
WHAT HAPPENS IF A WILL IS INVALIDATED? Wills are perhaps the most basic and simple form of passing on property and the transmission of wealth from one generation to the next. It allows the testator to give away the property and money that they own and have on hand as…
INHERITANCE RIGHTS OF POSTHUMOUSLY CONCEIVED CHILDREN
GROWING LEGAL ISSUE The federal Department of Health and Human Services estimates that there are currently approximately 600,000 frozen embryos in the United States and the number continues to grow each year. Of these, it is estimated that approximately 60,000 could be implanted for full term pregnancy. In still other…
Power of Attorney Capabilities
If you are granted a durable power of attorney over another person, it means that you have the right to make financial and legal decisions on their behalf. However, the power of attorney does have its limits, and a recent case that went to the Supreme Court in South Dakota…
Social Media Estate Planning: Adding a Facebook Legacy Contact
In a time where social media accounts are part of your estate plan, figuring out what should happen to your accounts when you die is something that must be considered. The developers at Facebook have been dealing with this issue for years. Previously, they allowed for a basic memorialized account…
Tax Issues to Consider When Closing an Estate
When a person dies, someone else must step up and close the estate. If that responsibility falls to you, as an executor you must identify all of the estate’s assets, pay off creditors, and distribute what is left to the heirs. However, an added responsibility as the executor is that…
The Right Tools for Retirement
Just like you would not attempt a do-it-yourself project around the house without the proper hardware tools, you should not go into retirement without the proper estate planning tools. This means that you need to have the right planning vehicles and strategies in place that will ensure that you are…
Having a Bon Voyage – Specifying End of Life Decisions that Lay Out Your Last Wishes
It has been said that life is a journey, not a destination. So it makes sense that in our last days, on our final journey, we should strive to have a good one–a bon voyage. While talking about end of life issues–particularly our own–can sometimes be uncomfortable, the best way…
Common Reasons for Contested Wills in New York
Many people know that having a will is necessary in order to properly ensure the deceased’s wishes are followed and desired transfers are carried out once they are gone. However, the importance of having the proper documentation in place does not end there. Careful estate planning is crucial to a…