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Probate Requires a Diligent Executor

Mary was ill-prepared for the drama that was probate. “I mean, seriously,” she told her friend, Amy. “Who would have thought Uncle Harry would leave his estate in such a mess?  I found deeds, contracts, promissory notes, life insurance policies, and wills, multiple wills, in his house, stuffed in the trunk of his car, in his shed, even in his…

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Loans to Adult Children Must be Addressed in Estate Planning

Loans to Adult Children Must be Addressed in Estate Planning

Mary and Thomas Charleton had five adult children.  Unfortunately, not all of them had the means to purchase their own homes. So after each child married, the Charletons offered them a low interest loan to cover the down payment, up to a certain dollar amount.  All of the children took advantage of the offer.

By the time Mary died—at age 62–three of the loans had been repaid in full. However, the couple’s daughter, Dory, made a partial repayment. When she got divorced after five years of marriage and was forced to sell that home, Dory decided she should no longer be required to repay the loan.  A son, Robert, figured the amount of the loan would just be taken out of his share of his parent’s estate.  He was fine with that.  He made no effort to repay the loan.

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Issues with Probate – Part III

Is Your Safe Deposit Box Accessible Upon Your Death?

Harry Williamson planned well for his death.  After consulting with his attorney, he prepared and executed a comprehensive estate plan, including a Last Will and Testament, a Living Trust, an Advance Healthcare Directive, a HIPAA release, and powers of attorney for healthcare and finances.

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Issues With Probate – Part I

No Will? No Way!

Dying without a Will is a bit like playing Russian roulette. It leaves the distribution of your assets to chance.

A Last Will and Testament not only declares your final wishes as to the distribution of your property, it ensures that those wishes are carried out properly. Upon death, a Will is filed with the local probate court, and it is that court’s job to oversee the distribution of your assets as set forth in that document. When you die without a Will, however, the state determines how your assets will be distributed and that distribution is made by a preset formula. Your desires no longer matter.

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From Prince to Pauper?

What happens if you die without an estate plan?

If you’re the late rock star Prince, you lose half of your estate to state and federal estate taxes. It appears the government will be dancing to Prince’s “1999” all the way to the bank.According to news reports, when Prince died in April of 2016, he had no will and no other estate plan in place. As a result, almost $100 million of his estimated $200 million estate could wind up in the hands of the tax man.

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