Once Removed Episode 23: Naming Guardians for Minor Children
It is easy to mistakenly assume that naming a guardian in estate planning documents is only critical for individuals with minor children. In reality, however, appointing a guardian is just as important for parents as it is...more
August is National Make-A-Will Month, a timely reminder to create or update your will. Whether you’re establishing a career, raising a family, or accumulating assets, having a will in place ensures your loved ones are...more
Speaking about death can be difficult but planning ahead brings peace of mind and protects loved ones from unnecessary stress. Having a professionally drafted will ensures your wishes are followed and your estate is handled...more
It is a common misconception believed by many that having a will avoids probate. Not only is it false, it really could not be further from the truth. Rather, a will is a tool that is often used during the probate process and...more
Wendy Williams’ ongoing legal battle over her financial conservatorship has reignited public debate on the complexities of incapacity planning. Although she allegedly executed a power of attorney (POA) in favor of her son,...more
As the chair of the Elder Law Practice Group, I see a lot of issues that the firm’s clients encounter in their personal lives. As we begin the new year, I thought it appropriate to write about the areas of our practice that...more
In an external contract-based or tort-based dispute between the trustee and a third party to the trust relationship, the beneficiaries are generally not necessary parties. But all beneficiaries (of an irrev. trust) whose...more
Welcome to "Lost in Translation: Blunders in International Estate Planning." This blog series explores the intricacies of international estate planning, uncovering potential pitfalls and providing insights to navigate...more
In a recent class-action lawsuit, ten disabled Alaskans have sued the State of Alaska and their court-appointed guardian. This case emphasizes the profound importance of comprehensive estate planning, extending far beyond the...more
Section 17.3, comment f, of the Restatement (Third) of Property (Wills and Other Donative Transfers) explains the difference between a collateral power of appointment and a power of appointment in gross: “In traditional...more
We all make important decisions and engage in regular financial transactions without giving a second thought about our capacity to do so. But what if you suddenly lost the ability? What would happen? While most of us don’t...more
For parents with young children, naming the guardian who will raise their children upon the parents’ passing can be one of the most important and foundational questions of an estate plan. And in fact, because this decision is...more
Kate Holbrook discovers that her chances of becoming pregnant are drastically reduced. Kate considers adoption, but a misguided social worker convinces her that her chances of being approved as an adoptive parent are limited...more
Does a court-appointed GAL in a trust matter owe fiduciary duties to the parties to the trust relationship who have yet to come into existence, e.g., the settlor’s future great grandchildren (hereinafter the “non-existent...more
Pets are not just animals, they are cherished members of our families, providing unconditional love and companionship. That is why, as responsible pet owners, it is our duty to ensure that our beloved furry friends are cared...more
Fortunately, your worry was solved by the Massachusetts Pet Trust Law, M.G.L.A. 203E § 408, which allows the creation of a trust during the settlor/owner’s lifetime for the continuing care of a pet or other animal should the...more
With the exciting and long overdue news of the increase in the Massachusetts estate tax exemption from $1 million to $2 million for decedents dying on or after January 1, 2023, many Massachusetts residents have been left...more
At some point in our lives there may come a time when we need to rely upon another individual to assist us with managing our finances, managing our healthcare, or simply helping us with daily tasks. One question that...more
Many of us consider our pets an important part of our family and worry about their care and well-being when we are no longer able to make decisions about their care. As animal lovers ourselves, we have worked with many...more
I wanted to start this essay by reference to history and so I grabbed my bedside copy of Sir William Blackstone’s Commentaries on the Laws of England (1765) to show that guardianship had ancient traditions. In one sense the...more
Estate planning, or legacy planning, entails preparing your affairs for the future, including death and other life events. While older adults might give more thought to estate planning, it is an essential tool at any age....more
People frequently assume that a person for whom a guardian/conservator is appointed automatically loses the right to engage in estate planning – in other words, a finding of a need for a guardian/conservator amounts to a...more
Tis the season for giving and, in that spirit, the Wisconsin legislature and courts have given those pursuing adult guardianship two more things to take into consideration as they move through that process. These two holiday...more
The idea of a visit to an attorney for your estate planning can be daunting. Below is a list of to-do items or at least items to think about before your visit. MAKE A LIST OF YOUR ASSETS AND AN ESTIMATED VALUE OF THE...more
The Grinch lives alone in a mountaintop cave with his dog, Max, and no medical attention for his undersized heart and oversized unpleasantness. The Grinch observes the noisy holiday festivities of Whoville from afar. The...more