Going through probate is a process with very specific steps and need not be confusing or complicated. After the executor’s appointment, the following will occur: the executor may need to post a bond, assets will need to be marshaled, and there may be ancillary probate for out-of-state property.
Valentine’s Day is coming up, and you may already be thinking about popping the question, or perhaps you are engaged and wondering what to give your soon-be-be-spouse. Why not consider a prenuptial agreement or “prenup”? Maybe it is not as idyllic as picking out wedding décor, but a prenup is one of the best marriage-related decisions you will ever have the opportunity to make.
The most common misunderstanding I run into in estate planning is that people believe having a will allows them to avoid probate. That is not the case. Having a will requires probate to implement the deceased person’s written intentions. Probate is not the end of the world. In fact, in the State of Washington, probate is a relatively seamless process that an attorney can guide you through.
Regardless of age, a prenuptial agreement can protect your interests before marriage. Getting a prenup has nothing to do with your outlook on marriage or how committed you are to your spouse. On the contrary, getting a prenup speaks to how much you value a marriage where both partners feel comfortable knowing they’re protected — in love and under the law.
You’re at lunch with your friends. Or on the phone with your mother. You get to talking about what a jerk your spouse is and how you wish you weren’t with them anymore. You rattle off a laundry list of reasons why you can’t stand them. In isolation, none of the reasons seem too bad. Taken together, the thought of this person walking through the door at night sickens you to the point of contempt. And you haven’t even gotten to the quality of your sex life — or lack of it.
In the U.S., divorce filings typically increase between 25 percent to 30 percent in January. It makes the concept of “Divorce Month” a recorded phenomenon and not just another theme to describe January on social media. But why the sudden rise in divorces?
Many of us love to make New Year’s resolutions. So, if estate planning is on your resolution list, here are some suggestions for getting started, no matter what you do or don’t have in place now.
I’m thankful that my kids got most of what they wanted for Christmas from my ex and me growing up. The same went for my second husband’s kids. And it wasn’t because we went on a shopping spree to fill their wishlist to Santa. What we gave them didn’t cost a dime. And that was the gift of choice.
As an elder law attorney, I frequently advise adult children who suddenly realize that they must step in to help their aging parents. Perhaps mom is not making sound decisions regarding her medical care, or Dad is showing signs of early dementia. Unfortunately, many seniors are reluctant to plan for this possibility or even discuss it with their close family members. When families delay talking about these matters, the results can be stressful and costly. Failing to preplan can have serious consequences both while an elder is still alive and after they have died. Unfortunately, once a family realizes they urgently need legal documents to help an aging loved one, it’s often too late.
There is one guarantee in life that none of us can escape: We will all die someday. If we’re lucky enough, we’ll do this when we’re old, slipping peacefully away in our sleep, but inevitably, it will happen to each of us. Unfortunately, too many of us pass away without leaving a will or other instructions to our loved ones to speak for us when we no longer can, and this can cause hardship and stress for friends and family at an already difficult time.
