When completing any estate planning, including a trust, will, power of attorney, or health care directive, the person signing the documents must have what is called “capacity” in order to sign the documents. There are two kinds of capacity in estate planning: testamentary capacity and contractual capacity. Testamentary capacity is a lower form of capacity and is required by a…
Big Three from Episode #076: If someone with special needs receives an unexpected inheritance that jeopardizes necessary benefits, there are solutions to help save them. If you are doing an estate plan, you should have what Kirsten calls a “just in case provision,” With special needs terms built in. You never know what could happen down the road. If you…
A power of attorney is an essential part of a comprehensive estate plan. It is common to create your entire estate plan and only think about updating your will and trust as your thoughts on distributing your property may change. However, it is imperative to make sure that you keep other documents up to date as well. Specifically, it is…
Big Three from Episode #70: If you’re a surviving spouse – talk to your attorney as soon as you can. Don’t forget about official notifications! Did you know that even those who are disinherited have to be notified? If you’re a trustee who has missed something, don’t worry. This is a tough job, and things can be fixed. Time-stamped Show…
Summer is here and graduation season is in full swing. It has been a tough year for our high school seniors with most of their senior year activities canceled due to Covid-19 restrictions. Hopefully, with restrictions lifting, they are looking forward to catching up on summer activities and being able to go off to college in the fall. Most people…
Big Three from Episode #059: Elder mediation can help families reach agreements about legal, financial, and care planning for their aging loved ones and their estate. Even if you think a conflicting party will not agree to mediation, it’s worth getting in touch with a mediator to find ways to engage the parties in communication. The ultimate goal is to…
When people write down their assets in conjunction with their estate planning, they often overlook their digital assets. Digital assets are considered to be any electronic record that you own or control. This can include Venmo, PayPal, Zelle, or other online accounts. It can also include cryptocurrency, such as Bitcoin, social media pages, online photos, email accounts, credit card rewards,…