Undue influence happens when an outside party exerts pressure on an individual causing that individual to adjust their estate plans to the benefit of the influencer. In simple terms, this can often refer to one person taking advantage of another. A live in care provider to your elderly loved one, for example, might exert undue […]

If you intend to appoint another person to serve as your attorney in fact or agent for health care, it can be confusing to determine what they should be paid. In most cases the people who are appointed in these roles are family members or friends and serve as your health care power of attorney […]

Has someone you know asked you to execute a power of attorney that names you as their agent? Never sign a power of attorney document without having your own estate planning lawyer view it first.  There are many different mistakes that could be made in a power of attorney document and all of them can […]

A person cannot sign any legal document including one that would appoint a power of attorney if they are incapacitated. This is one of the most common misconceptions about the power of attorney document. Only a mentally competent individual is able to appoint a power of attorney for themselves.  Once a person lacks legal capacity […]

If you have a loved one who is elderly and owns a house that no longer has a mortgage on it, it is important to look carefully at the deed to determine who has the rights to this home.  If, for example, an elderly loved one took money to pay taxes on the home from […]

It is very common to sign an agreement or a contract with an attorney that you intend to work with and an elder law attorney is no different. Based on your initial consultation with this elder law attorney you will have a better sense of the services that would be provided and the process with […]

The executor or the person appointed to administer your estate will have many different responsibilities in closing out your estate, such as paying taxes, notifying creditors and informing beneficiaries about any remaining assets that must be distributed. In order to start all of these processes, however, it is essential for your executor to be able […]

The pandemic has opened many people’s eyes to how unexpected health circumstances can change the scope of the foreseeable future for you and your family members. If you’ve been putting off creating a will, here are a couple of tips to finally get that important document done. First of all, think about who you are […]

It might seem like an initial gut reaction to challenge a will that you don’t believe is in line with what a parent or other relative had told you prior to passing away. It is important to realize that there are circumstances in which you are legally eligible to challenge a will but this is […]

As we get closer to an election, it’s important to think about how your estate plan might need to be updated or changed altogether in light of who is elected. Some of the most common issues that have been popping up with Biden’s proposed tax plans have to do with accelerated capital gains and bonuses, […]