Public Documents

Public Documents - Probate

2014 update Wills and Estate Planning Seminar materials
Posted by Kenneth Vercammen on 2.3.14 in Probate.
When one is coming up with an estate plan there is a common practice that some people engage in. That practice is putting their name on a bank account with their child or what is also known as having the bank account titled jointly.
Posted by Evan Guthrie on 10.6.12 in Probate. (SC)
Everyone likes a good surprise from time to time. There are some situations where a surprise can be welcome. An estate plan is not one of these situations. A surprise in an estate plan can lead to difficulties and difficulties can cost your estate money.
Posted by Evan Guthrie on 9.23.12 in Probate.
Estate Planning For Owning Real Estate In More Than One State Owning Real Estate in multiple states is a dream for many, but a reality that many have already achieved. This means you could have a residence in one state and a vacation home in another state. This is a good thing for the few that can pull it off, but there can be consequences down the road. Owning property in multiple states can drastically affect your estate plan.
Posted by Evan Guthrie on 9.5.12 in Probate.
There is a popular misconception that is part wives tale part urban legend that the best way to disinherit someone, particularly a child, is to leave them a dollar in your will. The will in this case usually contains a provision such as "I leave a dollar to my child". Leaving a dollar in a will is probably the worst way to disinherit someone from a will and is totally unnecessary.
Posted by Evan Guthrie on 9.4.12 in Probate.
Most view making an estate plan as a private activity that is between a lawyer and the client. There is a veil of confidentiality that allows one to keep their plan guarded and for their secrets to be taken to the grave. This may not be the best course of action as one may want to include their children or loved ones in on their estate plan.
Posted by Evan Guthrie on 8.28.12 in Probate.
You may think that an adequate estate plan consists of a will or living trust coupled with a durable power of attorney and a healthcare power of attorney and living will. There is now an additional estate planning document that you may need to have for a more complete plan. This additional document is what is known as a HIPAA Authorization and could make a big difference in the quality of care that you receive.
Posted by Evan Guthrie on 8.23.12 in Probate.
One of the most difficult choices that has to be made when you make your last will and testament is who will be the personal representative or executor. The personal representative is the person that is in charge of your estate when you die. This person that you choose will make have to make all the important decisions about your estate. A decision that is just as important as naming an executor and is most often overlooked is who will be the back up or alternative in case that person you choose as executor is unable or unwilling to perform the duties and responsibilities of the job.
Posted by Evan Guthrie on 8.22.12 in Probate.
The goal for some in a marriage is to make sure that the person they marry gets no inheritance from them when they die. This goal may seem harsh at first glance, but there may be good motivations behind it such as already having kids from previous marriage, a significant age difference in spouses, or wanting to give everything to charity. Whatever the reason it takes work to leave a spouse with nothing in most states and cannot be done with a simple will.
Posted by Evan Guthrie on 8.21.12 in Probate.
Getting married is a time when there is enough to worry about. There are a million things that need to be done for just the wedding. After the wedding is over a new marriage can have a huge impact on your estate plan. It is always important to review and update your will prior to getting married and at the very least after the marriage has begun.
Posted by Evan Guthrie on 8.16.12 in Probate.