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Do You Need An Estate To Create An Estate Plan?

Forbes:  “When I would tell people that I was working on a book about estate planning, many of them looked at me quizzically because they weren’t sure what I meant. Others said, “Oh, that’s not something I need, because I don’t have an estate.”

Contrary to popular misconception, you don’t have [...]

I Got A Divorce. What Should I Do With My Estate Plan?

Question:  I was recently divorced, but my estate plan names my former spouse in a few places.  What should I do?

Answer:  Revise your estate plan!  You should always think about updating your estate plan when a major life event happens.  Divorce or legal separation from your spouse is one of these events.  [...]

California Recognizes Tort of Intentional Interference with Expected Inheritance

California has finally joined the majority of states and recognized the tort of intentional interference with expected inheritance (“IIEI”).  This adoption was done by the California Court of Appeals based on the fact that the IIEI claim is consistent with other California laws, the fact that of the 42 states that have considered [...]

Be Sure To Update Your Beneficiary Designations

 JD Supra:  “Beneficiary designations are forms that are routinely completed for life insurance policies, retirement accounts and even some bank and investment accounts. The forms say who will receive the asset upon the asset owner’s death. When a beneficiary designation is in place, it generally controls the disposition of the asset it is [...]

Don’t Forget The Beneficiary of Your Life Insurance Policy

LD News:  “A frequently overlooked aspect of estate planning is giving full consideration to beneficiary designations on life-insurance policies you possess.

It is important to keep in mind that if you prepare a will, the will does not usually control the distribution of your life-insurance proceeds. Therefore, when you are making [...]

The Story of Disinherited Heirs

Vitals on MSNBC:  “Some do it with malice. Others, through a misguided notion that money or family heirlooms don’t really matter to the person. Whatever the reason, the plight of the disinherited — or those who may be cut out of the family wealth in the future –has been highlighted by a bitter [...]

Designating The Right Beneficiary Is Critical

Times-Herald Record:  In elder law estate planning, we often think of trusts, wills, powers of attorney, health-care proxies and living wills as documents and tools to express our wishes in the event of disability or death.

One other very important facet of planning is the “beneficiary designation,” a contractual document that directs where an asset [...]

5 Big Estate Planning Mistakes You Don’t Want To Make

Forbers:  Applying Murphy’s Law, “If anything can go wrong, it will,” to estate planning is crucial because in this case when something does go wrong, it goes very wrong and you aren’t around to fix it. Murphy’s Law at first glance appears to be overly pessimistic but the original intention of Capt. Edward [...]

Common Estate Planning Mistakes And How To Avoid Them

Online Athens:  I want to highlight some of the most common estate planning mistakes I think people routinely make (knowing that I can’t possibly cover them all in one column). You will notice that I’m not going to discuss the estate tax beyond saying that very few people are subject to it and [...]

Preparing Your Finances For Death

US News & World Report: Preparing your finances for your death is a topic many don’t want to talk about. Death is inevitable, however, and if you don’t take the time to plan, your wishes (and your family’s financial security) could be at risk.

Everyone should make a few preparations to [...]

Who Is Your IRA Beneficiary?

Examiner.com:  Deciding whom to designate as a beneficiary for your IRA might seem like an easy decision—you probably want your money to go to someone near and dear to you. But is the person (or people) you’re thinking of actually named as the beneficiary on the particular IRA you opened all those years [...]

Naming Beneficiaries

24-7 Press Release:  Assets with beneficiary forms seem appealing to people trying to set up estate plans. Such assets have the benefit of going directly to the heirs and avoiding the lengthy and sometimes costly probate process. However, people need to make sure that they coordinate their named beneficiary assets with the rest [...]

Assets Not Covered In Your Will

Wills, Trusts & Estates Prof Blog:  Even if an individual creates a well drafted will, he or she may unintentionally disinherit intended beneficiaries from large portions of his or her estate by failing to take proper steps regarding non-probate assets.

One such asset is a 401(k) plan. A surviving spouse is [...]

Smart Estate Planning Move To Make Today

Smart Money:  With the current $5 million federal estate tax exemption, you may not be thinking much about estate planning.  After all, there’s no way your estate would owe the tax if you happen to die between now and 2013.  So no worries, right?  Wrong.

In fact, there’s an important estate [...]