When you met with an attorney a few weeks ago, perhaps all you expected was a simple will. Maybe you thought that, with your situation, the work should be easy and the documents should be few. But now that you have finished working with the attorney, your parting gift is a large binder filled with hundreds of pages. You may …
Protecting a Loved one Who Is, Will Be, or Has Been Incarcerated
It is natural to want to protect our loved ones no matter what. However, you may be finding it difficult to provide a prosperous future for your loved one if that person will be, is, or has been incarcerated. Unfortunately, this event will forever change your loved one’s life, but with the right planning, you may still be able to …
Wills, Trusts & Dying Intestate: How They Differ
Most people understand that having some sort of an estate plan is a good thing. However, many of us do not take the first steps to get that estate plan in place because we do not understand the nuances between a will and trust – and dying without either. Here is what will generally happen if you die, intestate (without …
Discretionary Trusts – How to Protect Your Beneficiaries from Bad Decisions and Outside Influences
Although leaving your hard-earned assets outright to your children, grandchildren, or other beneficiaries after you die may seem like the easiest and most desired form of distribution, this scheme will make their inheritance easy prey for creditors, predators, and divorcing spouses. Instead, consider using discretionary trusts for the benefit of each of your beneficiaries. What is a Discretionary Trust? A …
Wondering Whether You Need to Update Your Estate Plan?
Yes, You Do, and Here’s Why Please allow us to be frank. It’s unrealistic to think that a piece of paper you draft, reflecting your life at a certain time, will work when your life has completely changed some years later. We’ll use the Kendrick family as an example. Meet the Kendricks Meet Bill and Karen Kendrick. They got their …
Questions to Ask When Hiring a Fiduciary
A comprehensive estate plan consists of several documents that accomplish three important things. First, they lay out your wishes for the handling of your money and property during life and at death. Second, they explain your medical wishes if you are no longer able to make them yourself or communicate them to others. Third, they list the trusted individuals you …
Five Reasons Business Owners Need Estate Plans
Business owners are notorious for engrossing themselves in the day-to-day management and functions of their businesses. As a business owner, you are likely the heart and soul of the company you lead. Your clients love you, and you have built unique relationships with your contractors and suppliers. Suppose, however, that tragedy strikes: You, as the business owner, are in a …
NY Estate Planning: Electronic Execution of Last Will and Testament
Typically, a will must be signed in front of two (2) witnesses and other estate planning documents require a notary. Now, due to social distancing guidelines, Executive Order No. 202.14 issued by Governor Cuomo states, in pertinent part, that witnessing can be performed via audio-video technology as long as certain conditions are met. Similarly, under Executive Order No. 2020.7, so …
Ask Kym: How Can I Legally Protect My Wishes if I am Hospitalized and My Family Cannot Visit due to COVID-19?
I have already heard of several cases from family, friends, and colleagues about family members (even spouses and children) being restricted from seeing patients affected by illness and COVID-19. This is extremely sad because loved ones in comas or other dire circumstances are unable to be comforted by their family and friends. They are also unable to communicate their wishes …
Ask Cari: What Should I Do About My Digital Assets In The Event Of My Death?
If you are interested in asking Cari a question to be promoted on her YouTube channel or on her podcast, Ag Law Today, please email Cari Rincker at cari@rinckerlaw.com with Ask Cari in the subject line. Your identity will remain anonymous. Cari’s answers are for informational purposes only and should not be considered legal advice.
Make an Achievable 2019 New Year’s Resolution – Get an Estate Plan Checkup!
With 2019 right around the corner, it’s time to start thinking about your new year’s resolutions. It doesn’t matter whether you have an estate plan or don’t, one important item to add to your list is getting an estate plan checkup. Don’t Have an Estate Plan? If you don’t already have an estate plan, then getting one in place should …