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April 2017 Archives

Estate plans and probate: problems can arise

Every family and indeed every individual should build out their estate with a wide range of legal options, such as wills, trusts, and powers of attorney among other potential options. But even though the number of legal options is ultimately finite, there are an infinite number of circumstances that could be involved in any estate plan. No two families will be the same; no two wills will be the same; no two trusts are the same. Each and every estate has to be dealt with individually and addressed in a specific manner.

Challenging an estate is legally complex

In a perfect world, estates would never be disputed. The grantor would create his or her will early in their life and proactively manage it, ensuring that beneficiaries are properly designated and that they are receiving what they should get. The beneficiaries would understand the legal complexities of the situation. And, in general, there would be no feelings of anger or resentment based on what the beneficiaries receive.

When should you update your will?

Having a will is an essential part to your estate plan. But once you have created a will, it isn't as if you can just put your hands up and say "well, I'm done with this forever!" Wills must be updated frequently, and there are many specific circumstances that can arise that should cause you to look over your will and update it accordingly. If you don't update your will, you could risk your assets going to someone or some party that you didn't intend.

What can a durable power of attorney do for me?

Whether you are just starting the estate planning process or have a plan in place but your circumstances have changed, it can feel like an overwhelming task to protect yourself in the event you become disabled or incapacitated in some way. As you cannot predict the future in order to know exactly what your estate plan should include, there are certain legal documents that Ohio residents should consider preparing to cover certain contingencies. A durable power of attorney is one of them.

Employers: Avoid litigation with arbitration clauses

Running a business is an incredibly complex responsibility. Employers have to balance the priorities of the company, the rights of the workers and their financial resources on a regular basis, and sometimes, disagreements arise. This not surprising, considering all the different perspectives and interests involved in any business relationship.

What does 'intestate' mean and why should you worry about it?

Having an estate plan should be a priority for every person, but obviously the ideal outcome isn't always reality. Not every person has an estate plan, and not every person even has the desire to even start one. It is simply unrealistic to think that everyone will have an estate plan, despite the clear advantages and benefits to having one.

Decades after his death, Jimi Hendrix estate still in litigation

If an estate or probate dispute arises, it typically comes up during the original administration of the estate in probate court. That is by no means the only time it can occur, however, as the recent dispute involving the estate Al Hendrix, father of guitar legend Jimi Hendrix, demonstrates.

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