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When Creating a Will, Words Matter

When Creating a Will, Words Matter

Barry Donovan died a happy man. Not only was he joining his late wife, Sarah, in the great beyond, he was also confident his assets would be fairly distributed in accordance with his will.  Several days after he had been laid to rest, Barry’s five children—James, John, Sarah, Sally, and Iris—and his surviving siblings—Joseph, Sally, and Sarah—gathered for the reading…

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Is Writing Your Own Will the Best Option?

It’s the classic movie scene:  Three people are trapped underground with little hope for a timely rescue. The first curls up into a ball and prepares for death. The second starts talking about missed opportunities. The third takes out a small notebook and writes a will. When their bodies are discovered, the third person’s will is also found.  But is…

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What Happens to Inherited Wealth Upon Marriage

All newlyweds hope for “happily ever after.”  Unfortunately, for almost half of Americans who wed, that dream does not reflect reality. Experts say between 40 and 50 percent of all marriages in the United States will end in divorce.  Every 10 to 13 seconds someone legally ends their marriage.   That means assets accrued before and during marriage may ultimately wind…

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The Importance of Advanced Planning

Estate planning is a critical necessity when someone is diagnosed with a terminal illness:  It is vital that the proverbial “house” be put in order. Timing quickly becomes a concern.  At a certain stage in a terminal illness, it may become difficult to ascertain desires, or identify the information required, to carry out effective estate planning.  In addition, mental competency,…

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Determining Mental Capacity in Estate Planning

Aunt Minnie may appear to be a little flighty and forgetful, but does that mean she is incapable of creating and legally executing (signing) a will? The answer is complicated.   The preparation of an estate plan, which may include a will, trust, and/or other documents, involves many steps.   Assets and liabilities must be identified and decisions need to be made…

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