What Should Be Included In Durable Power of Attorney?
The durable power of attorney is an important document to have in your estate planning portfolio. It allows a person you trust to make financial and health care decisions on your behalf if you cannot make these decisions on your own. Absent a durable power of attorney, court-ordered guardianship is the only way someone else […]
Estate Planning for Same-Sex Married Couples
With the recent decision of the U.S. Supreme Court legalizing gay marriage nationwide, same-sex couples — especially those who are going to marry — should think about their estate planning needs. Now that states must allow same-sex couples to marry and honor same-sex marriages legally performed in other states, there are several estate planning tools […]
Online Lawyer Directories
In the past, lawyers attracted new clients primarily through word of mouth referrals and, perhaps, ads in the yellow pages. Today, however, many people turn to the internet in order to find a lawyer and meet their legal needs. Two of the most prominent online lawyer directories are Avvo and Justia. These sites allow prospective […]
How to Avoid Probate
My post yesterday focused on when probate is necessary. As I discussed, probate is required whenever a person dies owning property in his or her name alone. There are several downsides to probate, namely, the time and expense to your heirs and the potential for creditor claims and disputes by disgruntled family members. Therefore, when […]
Is Probate Necessary?
Probate refers to the court-supervised process of settling a deceased person’s affairs and distributing their property and assets to the rightful heirs. When is probate necessary? Probate is required any time someone passes away owning property in his or her name alone. One example is a deed for a house that lists only the deceased […]
The Silver Tsunami
I was listening to National Public Radio this morning when I heard a story which was very interesting to me on both a personal as well as professional level. It was about the coming “silver tsunami”, referring to the retirement and aging of the Baby Boomer generation. The primary focus of the story was the […]
World’s Oldest-Known Person Dies at 116
Jeralean Talley, the world’s oldest-known person, died last week at the age of 116 (Source: Reuters via NAELA eBulletin). Due to advances in medicine and today’s emphasis on eating healthy foods and maintaining an active lifestyle, people are living longer than ever before. With life expectancy likely to increase further in the coming decades, there […]
Estate Taxes
It used to be that estate taxes were a primary focus of estate planning both in Oklahoma and nationwide. However, the estate planning landscape has changed significantly in recent years. Oklahoma repealed its estate tax effective for deaths occurring on or after January 1, 2010. Consequently, you won’t owe any estate taxes to the Oklahoma […]
Beneficiary Designations and Estate Planning
A revocable living trust, last will and testament, durable power of attorney and medical directive are the main components of a comprehensive estate plan. However, did you know that another simple one page document can often be the key to your estate planning working as you intended? Sometimes overlooked, beneficiary designations play an important role […]
Who Should Serve as Trustee?
So, you have decided in consultation with your estate planning attorney that a revocable living trust is best for you and your family. One of the first issues you will have to address is naming a trustee. It is likely that you will be the initial trustee. Therefore, the question becomes who will serve as […]