Most of us have probably received some scam email at one time or another asking us for money. The “Nigerian Prince Scam” was a popular one for many years and is still running its course. These scam email solicitations typically ask for advance fees, wire transfers or funds to take care of emergencies. In return for your generous donation, the sender promises to return your fees and provide compensation for your time and generosity. Unfortunately, many become unsuspecting victims of these email … [Read more...] about Scam Email Looking for Overnight Spouses for Will Hoax
The Cy Pres Doctrine
Most non-attorneys are unfamiliar with the doctrine of cy pres. According to this Norman French doctrine, common law courts can apply a person’s charitable donation to its next best use if the original donative purpose is legally impossible to meet. It may also apply to probate transfers if the original purpose is impossible to fulfill. For example, if you set aside a $100 donation to a charitable human society which no longer exists upon your death, a court may uphold the cy pres doctrine and … [Read more...] about The Cy Pres Doctrine
ABA Journal Article
The ABA Journal article "SCOTUS Notebook: A Minute-by-Minute Account from Inside the Courtroom on the Big Day" is great blog material. It tells the story of how the U.S. Supreme Court yesterday released its decision in the “Obamacare” case. Some media pundits have had great fun poking the ribs of other media figures, particularly at Fox and CNN for initially getting it wrong in announcing that the Supremes had ruled individual mandates unconstitutional. The court released a number of different … [Read more...] about ABA Journal Article
ABA Journal article on Supreme Court timeline for decision on “Obamacare” ruling
The Link to the ABA Journal article The Big Picture is great blog material. It tells the story of how the U.S. Supreme Court yesterday released its decision in the “Obamacare” case. Some media pundits have had great fun poking the ribs of other media figures, particularly at Fox and CNN for initially getting it wrong in announcing that the Supremes had ruled individual mandates unconstitutional. The court released a number of different opinions, including majority, concurring and dissenting. … [Read more...] about ABA Journal article on Supreme Court timeline for decision on “Obamacare” ruling
Social Media and Estate Administration
The Nebraska State Legislature has introduced prospective legislation that would require Facebook, the popular social media website, to grant account access to the executor of a deceased Facebook account user. While this appears to be the first legislation directly aimed at granting Facebook access to an executor of an estate, the role of social media in a deceased person’s estate is likely to grow over the coming years. Facebook’s policy with regard to deceased account holders is to create a … [Read more...] about Social Media and Estate Administration
Final Arrangements Should Be Part Of The Plan
Without question there is a pragmatic financial component that sits at the core of legacy planning. Yet, when you are planning your estate you may find yourself seeing the bigger picture. After all, estate planning involves considering how things are going to be for your family members after you pass away. Doing this from a financial perspective is one thing, but there are other things to take into consideration. Stop and think about the inevitable event and how your loved ones are going to … [Read more...] about Final Arrangements Should Be Part Of The Plan
Far Too Many Americans Have No Legacy Plan
There is an old saying that suggests that you should never put off until tomorrow what you can do today. How do you think such notions withstand the test of time and get passed down from generation to generation? It is probably because there's truth in them, and when it comes to estate planning this is one old saying that you should take to heart. To put it bluntly, there is no way of predicting when you're going to pass away. You can look up the average lifespan at any given time, but that is … [Read more...] about Far Too Many Americans Have No Legacy Plan
What Insurance Policies Might I Need to Include in My Estate Plan?
Whether or not to include insurance policies in your estate plan depends, in large part, on your financial situation and what your concerns and goals are for your estate plan. Some people choose to include numerous insurance plans because they simply cannot afford not to include them. Others have significant savings and assets and decide that investing in various insurance plans is not cost effective. Only you and your estate planning attorney can evaluate your situation to decide what is best … [Read more...] about What Insurance Policies Might I Need to Include in My Estate Plan?
Things You Can Do to Make Probating Your Estate Easier
The object of your estate plan is to provide a roadmap for the disposition of your estate assets upon your death. Although a court will officially oversee the probate process in most cases, the person you appoint to be the executor of your Last Will and Testament will be responsible for the day to day tasks associated with the probate of your estate. Aside from creating a comprehensive estate plan, there are some other practical steps you can also take to make the probate process run a bit … [Read more...] about Things You Can Do to Make Probating Your Estate Easier
Using a Qualified Terminable Interest in Property Trust for Your Blended Family
Creating an estate plan for a blended family requires careful planning and consideration. If you have children from a previous relationship, you must create a plan that will both provide for your current spouse and retain assets for your children once your current spouse dies. One estate planning tool that is tailor made for just this purpose if the Qualified Terminable Interest in Property, or QTIP, trust. Talk to your estate planning attorney to decide if a QTIP trust is right for your estate … [Read more...] about Using a Qualified Terminable Interest in Property Trust for Your Blended Family
