Estate Planning Newsletter

What is a Will?

A simple definition of a will can be found in a paralegal textbook, Edward A. Nolfi's Basic Wills, Trusts, and Estates (Glencoe/McGraw-Hill 1995). Mr. Nolfi writes that: "A will is a formal letter to the probate court judge declaring what the maker wants after death." Let's look at each part of this intriguing definition.More...

Exceptions to Medicaid Trusts

Under a 1993 change in federal law, three types of trusts were recognized as exceptions to the rules that would otherwise count the assets in a self-settled Medicaid trust and therefore disqualify the beneficiaries of such trust. These three trusts are commonly called the "under-65 trust," the "pooled trust," and the "Miller trust."More...

Beneficiaries -- Types of Professional Advisers

Receiving an inheritance calls for two basic activities that should be discussed and handled with an attorney: reviewing the estate closing to insure that the decedent's wishes were carried out and preparing a beneficiary's own will or living trust so that his new assets will be protected. If a beneficiary already uses an attorney for general personal and business advice, he should find out if she is familiar with estate planning. If not, the attorney should be asked for a reference.More...

Making Final Arrangements -- Ceremonies

When formulating your estate plan, you should contemplate body disposal and ceremonies. Writing out a statement of your preferences will likely save money and save your loved ones from additional heartache. Typically, at least one ceremony occurs when a person dies. Sometimes several ceremonies are held, either before or after burial or cremation. Most loved ones are likely to be comforted by attending a ceremony that reflects the wishes and personality of the deceased person.More...

Handwritten and Oral Wills

Today, the standard method of making a will is the formal witnessed written will, sometimes called an attested will. However, today's formal witnessed will has roots in other methods of making a will. The first wills in medieval England were the oral wills recognized by church-related courts. Some states permit one or more of the historic methods of making a will. This article discusses handwritten and orals wills. Contact your lawyer to learn if these methods of will making are permitted in your state.More...