American history is full of strange and mostly forgotten facts that we cannot believe to be true when we first hear about them. Yet, they are true. One such fact is that it was a mistake to designate money in a Will to be used to free slaves and appoint Thomas Jefferson as the Executor to carry out the task. That did happen and it was a mistake. Out of all of the founding fathers, Thomas Jefferson was probably the most opposed to slavery. He spoke out against it many times and often wrote … [Read more...] about A Strange Historical Fact
Wills and Trusts
Lincoln and the Lack of a Will
We have told you several different stories about the things that have gone wrong with celebrities' estates when they passed away without having a Will. It is a common theme as most Americans do not have Wills and things tend to go wrong with estates in that situation. However, things do not always go wrong when someone passes away without a Will. Sometimes, things go exceptionally well. For example, Abraham Lincoln did not have a Will when he was assassinated. In today's money, his entire … [Read more...] about Lincoln and the Lack of a Will
Destroy Old Wills
We have previously told you a couple of very basic, but important, estate planning tips. We have told you that when you make a new Will, you need to be sure that you destroy any old Wills. We have also told you that you need to make sure that your heirs can easily find your Will. A case in New York highlights why you need to listen to these tips. Elmer H. Bobst was multi-millionaire who passed away over 30 years ago. At the time, his estate was Probated and distributed according to Letters … [Read more...] about Destroy Old Wills
Another Thing Families Can Fight About
Many times in this space we have told you that when there is money involved in an estate, families will fight over that estate if they have any basis for doing so. This is why you need an estate plan so that your wishes are known. It helps avoid family fights. The fights are often not even about who gets what. Families can fight over other things if you do not have an estate plan. Consider the estate of rapper Nate Dogg who passed away without a Will. Someone still has to administer his estate … [Read more...] about Another Thing Families Can Fight About
Your College Kid’s Junk
Our last post was about what can happen if your college bound child gets into an accident and is incapacitated. We told you that you should get a Health Care Power of Attorney and a General Durable Power of Attorney ahead of time, so that you, or someone else, can handle the child's affairs. That information is worth repeating, but this time we are going to tell you why you might also want to get a Will for your college bound student. No parent wants to think about it, but the truth is that … [Read more...] about Your College Kid’s Junk
Divorce and Previously Drafted Wills in Texas
As a domicile of Texas, you may be able to rely on the state’s probate laws to a limited extent should you divorce. Almost all estate planning lawyers will recommend periodic reviews of estate planning documents. Your estate planning attorney will most likely ask you to review your estate plan during or after important life-changing events. One of these events is divorce. At least one time after your divorce, you should sit down with your estate planning attorney to review your estate plan. … [Read more...] about Divorce and Previously Drafted Wills in Texas
Everyone Can Have a Trust
If you have been reading our blog, then you know that you need a Will not matter how much money you have. Rich or poor, it is better for your estate to have a Will. Do you need other estate planning documents if you do not have a lot of money? Some people assume that if they do not have a lot of wealth that they can not take advantage of more advanced estate planning tools. That assumption is false. A Revocable Living Trust can be used by anyone. You do not need to have a fortune to fund a … [Read more...] about Everyone Can Have a Trust
Planning to be an Executor
When someone asks you to be the Executor of his or her Will, you usually agree to act in that capacity without thinking it through carefully. It is one of those things that people naturally say yes to. However, when it comes to to actually carrying out your duties as an Executor, you will face problems if you have not thought about what you need to do and prepare for it. Most of the time, Executors need to go to Probate to carry out their duties. This requires that you follow formal and set … [Read more...] about Planning to be an Executor
Choosing Trustees
If you are creating a Trust, the most important thing that you should consider is who to appoint to serve as a Trustee. In most cases, the best Trustee will be a bank or attorney who can give the Trust professional care. However, professionals cost money and they might not be right for every Trust. For example, if you are creating a small Trust for a grandchild of a few thousand dollars, a professional Trustee is not necessary. If you are not going to hire a professional Trustee, you still need … [Read more...] about Choosing Trustees
Minors Have Immediate Needs
If you are primarily responsible for a child or grandchild, one of the most important things that you can do is to plan for what will happen if you should suddenly pass away. You should make plans for the long term care and financial well-being of any minors that you care for. You should also make sure that the minors have quick and easy access to funds after you are gone. Many estate planning instruments require time to access. If you leave something to a minor in a Will, for example, then the … [Read more...] about Minors Have Immediate Needs