Posted by Nina Whitehurst | Nov 28, 2024 |
Once you've taken the step to create a will and get your estate plan in order, you need to figure out what to do with the will itself.
Keeping track of the location of your current will – as well as any old wills – can be crucial. Old wills should usually be destroyed, but there are rare circumstances under which you might want to preserve the originals or just copies. You want to ensure that your loved ones know how to find the most recent versions of your will and other estate planning documents. This way, they can easily access important information they may need to manage your affairs when you pass away.
Posted by Nina Whitehurst | May 28, 2024 |
Wills and trusts are foundational estate planning tools. While each is used to distribute assets to beneficiaries, they do so in different ways. Each also has its own distinct uses and advantages. They’re often used together to close gaps in an estate plan and prepare for multiple scenarios that might otherwise cause unexpected burdens for heirs.
Posted by Nina Whitehurst | Mar 29, 2024 |
This statistic reflects a common misconception about estate planning: that it is only for the wealthy.
Posted by Nina Whitehurst | Jan 09, 2024 |
Everyone should have a will, whether or not your estate includes a trust.
Posted by Nina Whitehurst | Aug 23, 2023 |
Starting an estate plan can be overwhelming, and you probably have many questions. You are not alone. Below are eight questions people often ask about last wills and testaments as they begin to think about estate planning.
Posted by Nina Whitehurst | May 24, 2023 |
Most people recognize that they need to plan for the future. Yet while financial planning has been at the top of many Americans’ minds, a vast majority of people have stalled in creating an estate plan.
Posted by Nina Whitehurst | May 19, 2023 |
A pour over will is a type of estate planning document. It works in concert with a living trust and goes into effect if you become incapacitated or pass away. In such a scenario, this document ensures that any assets you had not transferred to your existing living trust are directed (or “poured over”) to it.
Posted by Nina Whitehurst | Apr 28, 2023 |
People create wills to establish what happens to their money and assets when they pass away. In these estate planning documents, they can name beneficiaries – individuals who will receive money, other assets, or specific bequests like sentimental items upon the person’s death.
Posted by Nina Whitehurst | Mar 27, 2023 |
An executrix is a female executor. Trix is a Latin suffix designating a female agent, whereas the Latin suffix tor identifies a male actor, per Collins Dictionary.
Posted by Nina Whitehurst | Mar 20, 2023 |
Choosing an executor is a big decision when it comes to estate planning. So, what should I know about being an executor? What should I consider before naming an executor? Here are answers to three common questions about executors.
Posted by Nina Whitehurst | Feb 14, 2023 |
A testamentary trust allows a testator to manage wealth by giving a trustee instructions for distributing their property after the trustee’s death. A testamentary trust is a part of the testator’s last will and testament.
Posted by Nina Whitehurst | Jan 16, 2023 |
Estrangement refers to a breakdown in a relationship, such as a relationship with a spouse or family member, where there is no longer any communication, or communication has become hostile, and the individuals lead separate lives. Although estrangement can significantly impact individuals’ lives, it is not a legal term and, in many cases, might not have a legal effect.
Posted by Nina Whitehurst | Nov 18, 2022 |
Many people delay the conversation or thoughts of having to prepare a will. Confronting the possibility of one’s death is not easy. However, as the recent death of Anne Heche shows us, not having a will can place a significant burden on your children and cause undesirable complications. Even if difficult, planning ahead may be a better solution than the alternative.
Posted by Nina Whitehurst | Aug 24, 2022 |
Saying that there has been "undue influence" is often used as a reason to contest a will or estate plan, but what does it mean?
Posted by Nina Whitehurst | Jul 15, 2022 |
Unfortunately, not all families get along. If you are having problems with one of your children, you may not want them to benefit from your estate. There are several strategies for dealing with an estranged child in your estate plan.
Posted by Nina Whitehurst | Mar 04, 2022 |
People create an estate plan including, at least, a will, and then move to another state. They want to know if their existing wills are still valid the new state. The answer is a qualified "yes, sort of."
Posted by Nina Whitehurst | Feb 16, 2022 |
While you aren't technically required to hire a lawyer to draft a will, failing to do so can lead to costly problems for your family and other heirs.
Posted by Nina Whitehurst | Dec 15, 2021 |
Marriage is supposed to be “until death do us part,” but after one spouse dies, is it possible for a court to declare a marriage invalid (annulled)? It can be happen, as a Nebraska widower recently learned, but only in certain circumstances.
Posted by Nina Whitehurst | Jul 21, 2021 |
As life circumstances change (births, marriages, divorces, and deaths), it may become necessary to make changes to your will. If an estate plan is not kept up-to-date, it can become useless.
Posted by Nina Whitehurst | Jun 09, 2021 |
While a will is one of the most important estate planning documents you can have, there are things that it won’t cover.
Posted by Nina Whitehurst | Feb 10, 2021 |
Millions of people are affected by dementia, and unfortunately many of them do not have all their estate planning affairs in order before the symptoms start. If you or a loved one has dementia, it may not be too late to sign a will or other documents, but certain criteria must be met to ensure that the signer is mentally competent.
Posted by Nina Whitehurst | Oct 21, 2020 |
While wills do not have expiration dates, certain changes can render them useless. When this happens, having an out-of-date will can be the same as having no will at all. It is important to review your will periodically to ensure it still does what you want. The following are five ways your will can become out-of-date:
Posted by Nina Whitehurst | Aug 19, 2020 |
Many movies and television shows have a scene where a family gathers around a big table after a relative has died to listen to the reading of the will. While this makes for a dramatic scene, one that may have been more common when literacy rates were lower, it doesn't usually happen this way in the modern world. There is no requirement that a will be read out loud to anyone. So what does happen with the will?
Posted by Nina Whitehurst | Jul 01, 2020 |
No parents want their children to fight among themselves after they are gone. Sadly, conflicts often arise, especially when a parent has gifted or loaned money to one child and not others. However, a few key words in your estate plan can minimize the potential for conflict.
Posted by Nina Whitehurst | Jun 08, 2020 |
If you don't have a will or trust, you have no control over how your estate is distributed.