Second in a Series on Estate Planning Myths. A financial power of attorney (“POA”) can ensure that if you become incompetent, you will not need a court-appointed guardian. Instead you can name the person to act on your behalf with…
9 Myths About Your Last Will
First in a Series on Estate Planning Myths As an estate planner I like the moment when I see a client’s worried expression shift to relief. Almost every client tells me something he or she is convinced is true about…
Make Your Will Your Own!
I once read that Robert Lewis Stevenson gave his birthday to his friend, Annie. (You might expect this from the author of Treasure Island.) It was said that Annie was born on December 25th and constantly complained about this inconvenience.…
When to Revisit Your Estate Plan
People get inspired to sign a will when a major life event occurs. Sometimes it’s because they became a parent or they bought a house or a close friend or family member died and they handled a messy estate. Once…
Soil and Sorrow
People own land. This concept is as old as dirt. Still, I sometimes daydream about how land was transferred in the days before government agencies regulated out all of the chaos and fun. I envision a scenario where a person…
Keys to Your Kingdom
Choosing who will act for you financially under a power of attorney if you become incompetent is difficult. This person, known as the attorney-in-fact, has the keys to your kingdom. For example, they can pay your bills, make investment decisions,…
Don’t Keep Your Beneficiaries Sitting At a Red Light
I have heard people comment that they do not need to plan their estate because they do not have enough money. My response to them is, “If you have a car, you have an estate.” I say this good-naturedly and…
Turning Eighteen: Do You Know What It Means?
My fourteen-year old son recently caused me to choke on my coffee when he mentioned that he would be able to vote in the next presidential election. It is a form of denial that maybe all parents have about the…
When Did You Last Check Your Beneficiary Designations?
I think we can all agree that memory is an easily influenced contraption. Too often we rely on what we know about ourselves and our current surroundings in concluding what our past decisions may have been. Or, over time, the…
It’s Not Just About Money – Your Estate
Everyone has an estate and every estate has value, but this value is not often monetary. It is all too easy to dismiss estate planning as something that is not needed until we have amassed a certain amount of wealth.…
Where Did She Keep Her Passwords?
Most of us live two lives: our daily lives and our cyber lives. We awake, check our phone, make our coffee, turn on the computer, login to email and Facebook, check financial accounts (trying not to spew coffee at the…
Marriage Is Not A Substitute For An Estate Plan
On several occasions when I have met with unmarried couples, they have interrupted the initial pleasantries, taken a deep breath, looked at me intently and asked: “Couldn’t we skip all this planning and just get married?” Immediately, visions of horse-drawn…
What’s in Your Basement?
As an estate planner I think about death probably more than most people. I have considered death as a period to the final sentence in the final paragraph that is life. Of late it seems to me to be like…
Read This If You Might Die in the Next Two Years
I have not written about estate taxes in this column over the last year because I, like all estate planners, was nonplussed as to what to say. Through almost all of 2010 we were in disbelief that no estates were…
Estate Planning Potpourri
I am in my forties and I have been a drafter of wills for fifteen years. I have formed a few ideas and conclusions over the years of doing this type of work and thought it might be interesting to…
The Living Trust: Is it All That?
Four out of five clients ask me whether they need a living trust. They ask me earnestly and with fear. They have seen ads. Their broker has told them they need one. Their friends tout them as the answer to…
Did You Turn Off the Iron Before You Left the House?
I could probably travel around the world on the gas I’ve used up turning around to return home to make sure I turned off the iron or the oven or lowered the garage door. But such return trips are necessary…
Buckle Your Health Care Seatbelt
I am hoping for a turbulence-free journey to my final destination: to die quietly in my sleep in my own bed after a good day involving family and friends with no signs of dementia and a final slice of chocolate…
Turf Wars
You may recall the words of Gerald O’Hara (Scarlett’s daddy): “Why, land is the only thing in the world worth workin’ for, worth fightin’ for, worth dyin’ for, because it’s the only thing that lasts.” Would Gerald like your estate…
Your Last Act as a Parent
I tell my clients that your will is your last act of parenting so make it a loving act. This approach shifts your perspective. Most of us think of wills as being about property distribution. They are, of course, but…
I Just Don’t Know What to Do with Myself
The first question I ask my clients when we are discussing their wills is what their wishes are for their remains. I am often greeted with a blank look. This topic is not one that tends to come up frequently…
Mama Said That Was Mine
The stories of estate beneficiaries fighting about money are a bit exaggerated. Usually it is clear how to distribute the money, the stocks, and the real property through the deceased’s will, trust or the North Carolina statutes that control if…
Who Gets the Dog?
Your pet, be it a dog, a cat, a fish, or a bird, no doubt occupies an important role in your life. For many their pet is a family member. What should you do to plan for the care of…