Wills, Trusts, Estate Planning, and Probate
Recent changes in the law have made it easier for a child you have disinherited in your Will to challenge the Will in Court and successfully assert a claim to a portion of your estate. We will explain to you several strategies to prevent the child you are disinheriting from defeating your wishes after your death.
We will provide information explaining the instruments you can put in place designed to carry out your wishes if you become unable to take care of yourself and after your death. Did you know, for example, that what is commonly referred to as a "Living Will" is not a Will at all, but rather a Directive to Physicians allowing a doctor to decide whether measures to extend your life will be taken under certain circumstances?
While we believe that everyone should have a Will, it may be easier and less expensive for your heirs to avoid probating your Will by using beneficiary designations, payable-on-death accounts, and the like. Having a Will is still necessary in case there is property in your estate that does not have a beneficiary designation for some reason, such as property acquired after you are no longer able to make beneficiary designations. If any potential beneficiary is under the age of 18, special arrangements, such as a testamentary trust or transfers to minors account, may be needed in order to avoid an expensive court-supervised guardianship.
We will also help you make arrangements for trusted relatives of your choosing to be able to manage your financial affairs if you are no longer able to do so. Many banks do not readily accept the Statutory Durable Power of Attorney, so alternatives are advisable.