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Recent Posts in Trustees, Executors and Fiduciaries Category

Back Up Plans: What if a Trustee Becomes Incapacitated

Trusts are a valuable tool to protect your heirs in the event of your death or incapacity. In effect, assigning a trustee to manage your affairs while you are alive (using a living trust) or ...
Continue reading "Back Up Plans: What if a Trustee Becomes Incapacitated" »

The California Health Care Foundation Encourages Californians to Discuss End-of-Life Decisions

Recently, the California Health Care Foundation (CHCF) encouraged Californians to discuss end-of-life decisions. This came on the heels of a survey the CHCF did that showed that while 60% of ...
Continue reading "The California Health Care Foundation Encourages Californians to Discuss End-of-Life Decisions" »

How to Talk About Estate Planning With Your Parents

An uncomfortable conversation, estate planning is something siblings need to discuss with parents. Normally it's something you don't think about or ask because you can't imagine losing ...
Continue reading "How to Talk About Estate Planning With Your Parents" »

A Village in Holland has Been Created for Patients with Dementia

Village in Holland has been created for patients with dementia promising a unique solution for the care of the elderly. Dementia, including Alzheimer’s, is one of the fastest growing diseases in ...
Continue reading "A Village in Holland has Been Created for Patients with Dementia" »

Five Things You Should Know About Asset Protection Trusts

Asset protection protects you from sudden catastrophes in businesses. It is perceived that large corporations have the finances to afford asset protection. Small businesses need asset protection too. ...
Continue reading "Five Things You Should Know About Asset Protection Trusts" »

The 4 Steps You Need to Know About the Probate Process

What is probate ? After a loved one dies, the legal process known as probate takes place. As it is overseen by probate court, it typically includes the following: Proof that the will of the deceased ...
Continue reading "The 4 Steps You Need to Know About the Probate Process" »

5 Common Estate Planning Mistakes to Avoid

Estate planning is the process in which we anticipate and arrange the disposal of our assets (property) during our life. It also involves the people around you, including family, friends and sometimes ...
Continue reading "5 Common Estate Planning Mistakes to Avoid" »

Health Care Directive: What is it and who Needs One?

Caregivers are sometimes faced with tough decisions when it comes to the medical care of a loved one. A health care directive involves a set of written orders given by an individual in advance so that ...
Continue reading "Health Care Directive: What is it and who Needs One?" »

Why Johnny Thunder Should Have Engaged In Estate Planning

When Johnny Thunder, the lead singer of the pioneering punk rock band New York Dolls, died in 1991, he left behind just $4,000. Since he didn't have much money, Thunder probably thought he did not ...
Continue reading "Why Johnny Thunder Should Have Engaged In Estate Planning" »

What is a Living Will?

The simple answer to that question is that a living will is a written statement detailing an individual's wishes regarding medical treatment when that person cannot express consent. Guidelines in ...
Continue reading "What is a Living Will?" »

Elder Law: Living Environments

Elder law, simply put, is anything that has to do with seniors. The National Academy of Elder Law Attorneys sums elder law up as: living, financial, health and long term care planning for older adults ...
Continue reading "Elder Law: Living Environments" »

Power of Attorney: How to Choose

Choosing who should be your agent, or have power of attorney is an important decision. You are choosing a person to make legal decisions on your behalf. You want to think about this decision, talk ...
Continue reading "Power of Attorney: How to Choose" »

Understanding Payable on Death Account Pros and Cons

Payable on death (POD) or transfer on death (TOD) is a rule that was enacted in the late 80s with help from the National Conference of Commissioners on Uniform State Laws. Florida is one of the states ...
Continue reading "Understanding Payable on Death Account Pros and Cons" »

A Look at Payable on Death Account Pros and Cons

A payable on death account (POD) is a quick, cost free vehicle to pass on unlimited amounts of cash assets to a designated heir without going through probate. Known as a poor man’s trust, a POD ...
Continue reading "A Look at Payable on Death Account Pros and Cons" »

Living Trusts Avoid Necessity of Probate in Multiple States

As the probate process becomes more streamlined across the country the use of living trusts is diminishing. There are still circumstances when a living trust can be a useful tool to settle your estate ...
Continue reading "Living Trusts Avoid Necessity of Probate in Multiple States" »

The Importance of Writing a Will

At the Law Offices of James C. Shields, we specialize in three types of wills : testamentary, pour-over, and living wills. Our job is to facilitate the process of writing a will and ensure that it is ...
Continue reading "The Importance of Writing a Will" »

When Fair Isn't Equal: Consider a Pot Trust for Your Kids

A part of estate planning that's unpleasant to think about, but needs to be addressed, is how you would provide for your children if both you and your spouse were to pass away. If your children ...
Continue reading "When Fair Isn't Equal: Consider a Pot Trust for Your Kids" »

Naming a Trustee to Ensure the Success of Your Trust

"I really love my daughter, and I think she would so a great job ensuring the trust is distributed according to my wishes. Then again, she doesn't exactly have a lot of money sense...my ...
Continue reading "Naming a Trustee to Ensure the Success of Your Trust" »
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