Here at Crain & Wooley, we constantly battle two things: Bad advice given by others who do not specialize in Estate PlanningProcrastination by those who know they need to update or create an estate plan but put it off for a later date/age Estate Planning is not...
The United States is seeing an increase in diseases affecting mental capacity (like Early Onset Dementia) occurring more frequently and at younger ages than was previously known in earlier decades. These diseases often impact an individual without anticipation or preparation and the symptoms experienced can...
Every week, we encounter many different types of wills from those created using an online self-help product to those hastily scribbled on the back of a napkin before a medical procedure. The family and friends of the testator (the will’s author) are often surprised that...
Part of an estate planning attorney's job is to play devil's advocate and ask the question "what if?" What if you can't sign your own name?What if your mental capacity is diminished and you need a guardian?What if you can't make your own medical decisions? Let me...
There are strict rules governing lawyers’ professional responsibility to be ethical. The very first rule is that a lawyer has the duty to be competent in his representation of a client and to maintain competence by keeping up-to-date with any changes in the practice of...
Many of us know someone who suffers with a form Dementia, the most common being Alzheimer’s Disease. Dementia in all its forms slowly rips independence away from those who suffer its ravages. While no amount of planning can eliminate the emotional pain encountered when a...
The need to establish guardianship rarely emanates from a joyous occasion. Traditionally, a guardian for an adult is needed in cases of incapacity or diminishing capacity resulting from a disabling condition. There are two primary ways to obtain guardianship for an adult: Reactively file an Application...
Agent – a person who is authorized to act on behalf of another Estate Administration – the process of settling an estate after someone dies Executor – the person you designate in your last will and testament who will work with the attorney to settle your estate Grantor Trust – any trust over which...
Step 1: Find an Attorney Establishing an estate plan may seem daunting, but the first step is to locate a competent attorney who can guide you through the entire process and ensure that your assets will pass to the right people with minimal delays and costs....
Guardianship Questions: Q. If my spouse and I die together, where would our children live for the first day or week or month until a judge can determine who will be their guardian? What if there are relatives we absolutely don't want them to live with,...