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Helping Clients with Estate Planning – Getting All of the Information
Estate planning is an important part of the financial health and well-being of a client and their family. The client benefits by knowing the status of all of their assets, including the value, tax issues, joint or other shared ownership, and the consequences for their estate, or even their retirement, for all of the above....
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A power of attorney can be an essential part of an estate planning portfolio. A general durable power of attorney, which remains in effect even if the principal becomes incapacitated after signing it, can allow someone to manage the person’s financial assets without the expense and hardship associated with a guardianship. It is usually a...
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Reasons to Contact an Elder Law Attorney
We have a growing senior citizen population in our region and our county. Senior citizens have worked their whole lives to build their families and communities. Yet, many of them are vulnerable in older age due to illnesses, family issues, and the complexity of our financial system and lives. Whether basic estate planning is needed,...
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Adult guardianship is an important, yet involved process.  Typically, a relative of an adult who seems to be unable to manage their own financial affairs and/or health care needs can be in need of a court-appointed guardian to assist them. It is important to emphasize two requirements.  First, the person who can’t manage their affairs...
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Why Guardianship Can Be Difficult
Guardianship has a well-deserved reputation as a difficult process. Filing almost any action in court can be a trying process, even with the best intentions, excellent legal counsel and a legitimate claim on issue. However, guardianship seems to bring out more difficulties than other legal processes. This is because: The incapacitated person is officially unable...
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Should I Try To Avoid Probate?
Probate avoidance seems to be a popular topic on everyone’s mind these days.  Certain popular television personalities and other public financial advisors appear to be praising the virtues of avoiding probate. What Is Probate? Probate is merely the process of having the surrogate court accept the will as valid, appoint the executor and supervise the...
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Advance Directive for Health Care
One of the key documents in basic estate planning is an advance directive. This documents does two things: It appoints a representative to make health care decisions for you if you are incapacitated; and Gives the agent instructions as to your wishes about medical treatment, including end of life treatment. Individuals have a right to...
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Estate planning in our day and age is complex and usually involves many different elements.  While many people know that almost everyone needs “the big three” documents – will, power of attorney, and health care proxy – the beneficiary designation issue has not received the attention it deserves. What is a Beneficiary Designation? Some assets...
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mfine_Adultguardianship
Sometimes, unfortunately, an adult becomes mentally unable to make financial or personal/medical decisions for themselves. If that happens, and there is no power of attorney or health care proxy, or those documents are not sufficient to enable someone to make those decisions or manage their funds, a guardianship may be necessary. Guardianship involves filing an...
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mfine probate
Probate is a court-supervised process to set up an estate, manage the affairs of a deceased person and distribute their property. Typically when a person dies with a will, the executor or the heirs petition the Surrogate Court to have the will declared valid and to have the executor formally appointed to take care of...
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