Probate Attorney Blog

Whenever I get up and speak about estate planning the first question I always ask the crowd is “who here has an estate plan?” Usually about a third of the hands go up. I let that sink in for a while (because we all know we need one) and then break the bad news to them… They are wrong. EVERYONE HAS AN ESTATE PLAN. Whether you have formally created a power of attorney, medical power of attorney, health care directive,…

How to Choose the Right Long Term Guardian When it comes to estate planning and kids, a common hurdle that has to be overcome is choosing the right guardian. Often one spouse wants one person, the other spouse wants another, and the stalemate results in no decisions being made at all. Before we get to choosing the right long-term guardian for your kids, I want to point out that by making no choice at all everyone loses – a judge…

Revocable Living Trust Reason #3 – IRA Protection and Legacy Before we get going, the first thing I want to point out is that WHILE YOU ARE ALIVE keeping your IRA in your IRA account in your name is, in most cases, going to be the smart thing to do. Your IRA, the one that you created with YOUR money, is very safe while you are alive. If you think you might want to do something with your own IRA…

Why estate planning is like potty training. Cheers, Christopher Small Estate Planning Attorney PS – Click here to schedule a FREE strategy session with an estate planning attorney.

Revocable Living Trust Reason #2 – Divorce Protection We’re continuing our discussion of reasons you might want to have a revocable living trust and today we’re going to talk about the big D. Divorce. Before you get too uneasy, though, we’re not talking about YOUR divorce. A revocable living trust that you create gives you essentially no protection in the event you are divorced (remember, the revocable nature of the trust – i.e. you can change it at any time,…

Biggest estate planning mistake I see people making every day (probably even you!). Cheers, Christopher Small Estate Planning Attorney PS – Click here to schedule a FREE strategy session with an estate planning attorney.

What if You Find a Will After Probate Opened? When people pass away they don’t always do so with a high level of organization. Sometimes it’s not planned. Sometimes they are just disorganized. Whatever the reason, sometimes it is difficult to find the important information and documentation one needs when someone dies, including a will. If you can’t find a will and probate is necessary at some point you have to petition the court and open probate. But what happens…