I’m occasionally asked if an individual can create or update an estate plan if a doctor has opined that the individual can no longer make sound decisions or the individual has a court-appointed guardian or conservator. The short answer: It depends.…
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After Aretha Franklin’s death in 2018, two wills were found in her home. Both were handwritten by Franklin and neither was drafted by an attorney. A judge recently determined that a jury could decide whether the 2014 document that was found in a no…
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As poet Geoffrey Chaucer attested centuries ago, “Time and tide wait for no man.” For the second time in as many years, survivors have turned to me for help when a loved one died unexpectedly, leaving behind wills or trusts that no longer reflect…
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Do-it-yourself estate planning is the gift that keeps on giving. To attorneys, that is. A married client recently came in to see me. He had used one of the online document preparation services to create a revocable living trust for himself. When I re…
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These days, families come in all shapes and sizes. Blended families are even more common now than ever. And without proper planning, it can be easier than you think to unintentionally disinherit your children. We all know the story about Mike and Car…
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Earlier this month, the Michigan Court of Appeals clarified the standard of proof that must be met in determining whether a conservator has breached the fiduciary duty he or she owes to the individual whose assets are being managed under the conserva…
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A friend of mine gave me permission to share her story in the hope that it would be helpful to others. Her brother, a single man, was recently found dead in his Florida apartment. Sadly, no one in his family knows where he banked. They do not know hi…
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When planning the distribution of your estate, smaller, tangible personal property items can cause more difficulty than larger, even more valuable assets. Sentimental items can lead to family disputes and possibly litigation, which might rack up lega…
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You Have a Will, But It’s Old It likely won’t surprise you to hear that many people already have an estate plan. You might even be one of those people. But how long ago did you make that plan? 5 years? 20 years? Yes, it’s true that an estate pl…
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Bleak House is a novel written by Charles Dickens in 1852. Set in England, it’s the account of a family dispute that resulted when a deceased ancestor left multiple conflicting wills. The case (Jarndyce vs. Jarndyce) spanned generations of the fami…
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