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Home » blog

Common Law Marriage and Estate Planning

December 16, 2011 by Stephen A. Mendel, Estate Planning Attorney

When it comes to marriage, relationships and the legal status of people who have been living together as a couple, the term “common law marriage” is often used. Common law marriages are recognized in a minority of states, though there is a lot of misinformation about how couples enter into this form of marriage. You should consult an attorney in your state if you need advice about common law marriages and how they affect estate planning concerns. Contrary to popular belief, you cannot enter … [Read more...] about Common Law Marriage and Estate Planning

Filed Under: Uncategorized Tagged With: common law estate planning, common law marriage, common law rights, Estate Planning

Estate Planning and the Single Parent

December 14, 2011 by Stephen A. Mendel, Estate Planning Attorney

If you are a single parent, your need to create an effective estate plan as soon as possible is even greater than that of non-single parent's. As a single parent, the prospect of dying and leaving your child without adequate protection can keep you awake at nights. A single parent's estate plan should take into consideration several key factors to ensure you ensure your child's well being after you die. It's important to distinguish between different single parent situations. If you're a … [Read more...] about Estate Planning and the Single Parent

Filed Under: Uncategorized Tagged With: Estate Planning, estate planning for single parents, single parent estate plan

Who Gets My Property If I Die Without a Will?

December 12, 2011 by Stephen A. Mendel, Estate Planning Attorney

If you're considering what happens to your property after you die, it's important to know that unless you take adequate steps now, your property may pass to those whom you do not wish to receive it. In some instances, the failure to create a last will and testament or other estate planning device can even lead to the state government inheriting your property. If you create a will, you get to determine who receives your property. You can choose anyone you wish, and are under no obligations to … [Read more...] about Who Gets My Property If I Die Without a Will?

Filed Under: Wills and Trusts Tagged With: dying intestate, intestate succession, livin trusts, property inheritance

Estate Planning & Asset Protection

December 9, 2011 by Stephen A. Mendel, Estate Planning Attorney

Are you interested in pursuing asset protection planning for your estate, your assets and your properties? There tends to be a lot of controversy surrounding the topic of asset protection, and with good reason. Do you have assets and properties you wish to protect during your estate planning process? Have you read about asset protection plans that were not created correctly, and are now concerned regarding if you should put one into place? This is not an uncommon concern and, I can assure … [Read more...] about Estate Planning & Asset Protection

Filed Under: Asset Protection Tagged With: asset protection planning, Estate Planning, estate planning attorney, estate planning lawyer, incapacity planning, probate, probate attorneys, probate court

Estate Planning & Asset Protection

December 9, 2011 by Stephen A. Mendel, Estate Planning Attorney

Are you interested in pursuing asset protection planning for your estate, your assets and your properties? There tends to be a lot of controversy surrounding the topic of asset protection, and with good reason. Do you have assets and properties you wish to protect during your estate planning process? Have you read about asset protection plans that were not created correctly, and are now concerned regarding if you should put one into place? This is not an uncommon concern and, I can assure … [Read more...] about Estate Planning & Asset Protection

Filed Under: Asset Protection Tagged With: asset protection planning, Estate Planning, estate planning attorney, estate planning lawyer, incapacity planning, probate, probate attorneys, probate court

What is Special Needs Planning?

December 7, 2011 by Stephen A. Mendel, Estate Planning Attorney

Are you the parent of a special needs child or the caregiver of a family member with special needs? Are you concerned about their future should something happen to you leaving you incapacitated, or ever what might happen following your passing? These are not uncommon concerns, even for those who are not parents. Even if you are a loved one with a family member who has special needs, these concerns are ever-present. What is going to happen? What can we do to prepare? Special needs planning is a … [Read more...] about What is Special Needs Planning?

Filed Under: Special Needs Planning Tagged With: Estate Planning, estate planning attorney, estate planning lawyer, incapacity planning, life insurance, medicaid, special needs planning

Why is Incapacity Planning Important?

December 5, 2011 by Stephen A. Mendel, Estate Planning Attorney

Life can turn on a dime without any warning, and things can rapidly change without you even realizing it is happening. One day you could be just fine and loving life, and the next day you could be lying in a hospital bed clinging to life. Yes, it can happen that fast – even faster in some situations! What do you do, though? While you can’t prevent things from happening because it is, after all, unexpected – you can put some plans into place. Incapacity planning, believe it or not, is an … [Read more...] about Why is Incapacity Planning Important?

Filed Under: Incapacity Planning Tagged With: creating a Trust, Creating a will, durable power of attorney, Estate Planning, estate planning attorney, Guardianship, incapacity planning, long term care, medical power of attorney, nursing home expenses, trusts, wills

Avoid Estate Litigation

December 2, 2011 by Stephen A. Mendel, Estate Planning Attorney

Are you aware of estate litigation traps? Chances are, like most people, you do not. Because people whom are not involved with law practices may fall into these traps, it is important to work with an estate planning lawyer experienced with estate litigation. The more experienced your estate planning lawyer is with the process of estate litigation, the least likely your estate is to fall upon these issues. There are many facets to the estate planning process ranging from complex to … [Read more...] about Avoid Estate Litigation

Filed Under: Uncategorized Tagged With: creating a Trust, Creating a will, durable power of attorney, estate litigation, Estate Planning, estate planning attorneys, estate planning lawyers, estate taxes, inheritance taxes, medical power of attorney, nursing home expenses, probate, trusts, wills

Put the Proper Estate Plan Tools Into Place

November 30, 2011 by Stephen A. Mendel, Estate Planning Attorney

There are a large number of estate planning tools your estate planning lawyer is experienced with, and understands that you are not. Because there are so many options to explore and tools to put into place, it will be necessary to meet with your estate planning lawyer regularly until everything is complete. Even then, meetings will follow regularly in order to keep all the documents up to date. Often times, people believe they only have to worry about their estate plan during the planning … [Read more...] about Put the Proper Estate Plan Tools Into Place

Filed Under: Uncategorized Tagged With: asset protection planning, blended families, creating a Trust, Creating a will, Estate Planning, estate planning lawyer, financial planning, funeral arrangements, Guardianship, healthcare directives, probate, probate court, retirement planning, revocable living trusts, revocable trusts, special needs planning

Can You Avoid Estate Litigation?

November 28, 2011 by Stephen A. Mendel, Estate Planning Attorney

Are you concerned your estate is going to go into litigation following your passing? Estate litigation is the process by which the estate is being contested by one or more parties. If you are worried about this happening with your estate, discuss your concerns with your estate planning lawyer. There are a number of ways to avoid these costly court proceedings. These include the following: Gift your assets: because so many fights occur over sentimental property following someone’s passing, … [Read more...] about Can You Avoid Estate Litigation?

Filed Under: Uncategorized Tagged With: asset protection planning, estate litigation, Estate Planning, estate planning attorney, estate planning lawyer, executor, wills and trusts

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