We receive more calls these days from clients who have parents, spouses or other loved ones dealing with temporary and permanent incapacity.  In cases where the individual does not have an updated estate plan, these can be challenging.  There are court-supervised processes that enable appointed individuals to act on behalf of incapacitated persons. The problems with these proceedings are many.  First, the initial part, determining incapacity, can be trying as it is a public process designed to protect the individual who may be incapacitated.  Normally multiple attorneys are involved to represent all the parties and interests in the case.  In addition, […]

Many of our clients who come in to prepare or update their Will ultimately decide to include a Revocable Living Trust (RLT) in their estate plan after learning about the benefits it can provide. These benefits include privacy, avoiding or reducing probate fees and delays, and aiding in the management of their assets during periods of incapacity. If you decide to implement an RLT, you’ll want to fund it by moving assets to it after it’s in place. For an RLT, which is the type of trust that operates as kind of a “Super Will,” you should be adding other […]