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Posts Category - Divorce

Defining Testamentary Capacity

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One of the most common reasons for a will contest are claims about testamentary capacity. These are usually brought by heirs who allege that the person who created the will did not have testamentary capacity to create that document. If this challenge is successful in court, the will is deemed invalid.  Capacity is a general […]

The Three Key Groups Involved in Creating a Trust

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Trusts are a popular estate planning tool because they can help you accomplish numerous goals at once. At a very simple level a trust is a legal entity that holds your assets that are intended to benefit others. They help you control how your assets are distributed after your death and help you plan for […]

Can I Revoke My MS Will?

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As the creator of your will, you are eligible to change or revoke it at any time. You can revoke your will by creating a new will that overrides the old one, ordering someone else to cancel or destroy your will in front of you, destroying or canceling your will yourself, or creating a written […]

What You Can’t Do With a Will

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While a will is one of the most important estate planning documents you can have, there are things that it won’t cover. A will is just one part of a comprehensive estate plan. A will is a legally-binding statement directing who will receive your property at your death. It is also the way you appoint a […]

Can I Leave Behind an Unequal Inheritance?

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Do you have questions about leaving behind unequal amounts or assets for your loved ones?  It might be simpler for the vast majority of older parents to leave the exact same inheritance or asset value to each adult child. However, equal is not always the best fit. Many more people are confronting this question in […]

What Do I Need to Do to Amend a Revocable Living Trust?

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The very definition of a revocable trust means that you are able to make changes to it in a few different ways. You can, for example, prepare and sign a trust amendment that is valid under your applicable state law. This makes an amendment or an update to the existing trust so if further substantial […]

Medicaid’s Coverage of Nursing Home Care

For better and for worse, Medicaid is the primary method of paying for nursing home care in the United States. But navigating the Medicaid system is complicated and confusing. Here are the basics. Medicaid (sometimes called by other names, such as “Medi-Cal” in California, “MassHealth” in Massachusetts, and “TennCare” in Tennessee) is a joint federal-state program […]

What Should I Ask My Elderly Family Member About End of Life Wishes?

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Having a conversation around the topic of estate planning is often difficult for adult children. This is because it means coming to terms with your parents’ own mortality and discussing issues on which you might not agree. Even though the subject might be uncomfortable to broach, it is good to have this conversation with your […]

MS Will Basics

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Why an Irrevocable Trust May Be Superior to Gifting

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Parents and other family members who want to pass on assets during their lifetimes may be tempted to gift the assets.  Although setting up an irrevocable trust lacks the simplicity of giving a gift, it may be a better way to preserve assets for the future. A trust is a legal entity under which one person — […]

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