The Problem with Out of State Documents – Part 2
In last week’s post I was telling you about a situation with a client who has a North Carolina power of attorney that his wife needed to use here in New Jersey where they currently live. The document is a springing power of attorney, meaning it does
The Problem with Out of State Documents – Part 1
I am often asked whether moving from one state to another requires someone to redo their legal documents. While I obviously don’t have knowledge of the laws in every state, my general answer is that I am not aware of any state that invalidates a will, power
What Constitutes a Validly Executed Will
An interesting case caught my eye on the internet the other day. An Australian court found that an unsent text found in a deceased man’s phone, stating that he wanted his estate to go to his brother and nephew, not his wife and son, composed before he took his
Estate Planning for Your Pet (Part 1)
Everyone loves their pet. We spend millions in pet products and vet bills each year and that number seems to increase every year. A question I increasingly am asked is what happens to my pet when I pass away? What are my options in terms of providing a safe
Do-It-Yourself Wills #doityourselfwill
Do a search online and you can quickly find advertisements for websites and software that will help you prepare your own will and other legal documents. Some choose this option to save the legal fees. But is this being “penny wise but pound foolish”? Estate planning is as much
Estate Planning – Changing as We Age
When I ask someone if they’ve got an estate plan in place – the basics being a will, power of attorney and health care directive, often the response is “yes, we took care of that a number of years ago”. But, what many people don’t realize is that the
Can a Mentally Impaired Person Execute a Will?
Mom has been diagnosed with dementia. She doesn’t have any estate planning documents, such as a will, power of attorney or health care directive. I am often asked, “Can Mom still execute these documents? What level of capacity is needed?” The legal capacity needed to execute a will is
A $500,000 Estate Planning Mistake (Part 2)
Last week we were talking about Mary, who is losing out on a $500,000 401k her husband left to her in his will. So, why is the 401k custodian telling her she isn’t entitled to it? The reason is that the will does not automatically control how all property
A $500,000 Estate Planning Mistake
Mary called after her husband, John had died. She had questions about his will and his 401k. Mary was John’s second wife and he had two daughters from his first marriage. Between his first and second marriages, John had designated his daughters as the beneficiaries of his life insurance
Your Child is Turning 18 – What Does it Mean?
The law, in most instances (with the notable exception of consuming alcohol), views an adult as one who reaches age 18. As any parent knows, most 18 year olds are not mature enough to make important decisions without the guidance of a parent or other adult. Yet, what most don’t realize