We may enjoy watching courtroom drama in movies, TV and on stage, but when it comes to our own lives, most people will do just about anything to avoid an estate battle. Including a “No Contest” provision in a will or living trust is an attempt to preclude challenges to a person’s wishes, and to give anyone who might be thinking about a trust or estate battle a clear warning against doing so, according to the article “Why courts enforce a ‘No Contest’ clause” from The Daily Se

Clients often ask where they should keep their Will and Trust. Although some people ask their attorney to hold the original documents of their estate plan, Forbes’ recent article, “Keeping Your Estate Planning Documents Safe,” explains that, because of the expense of storage and the move to paperless offices, many estate planning attorneys are now having their clients hold the original documents. I believe that is the right answer. I’ve seen well established law firms with se

With most bank and investment customers receiving financial statements electronically instead of on paper these days, your estate plan should include providing your executor or trustee with your important passwords when you die. Kiplinger’s recent story, “Your Estate Plan Isn’t Complete Without Fixing the Password Problem,” says that having online access to investments is a great convenience for us. We can monitor bank balances, conduct stock trades, transfer funds and many o

You have likely heard the words “will” and “trust” as part of estate planning. What are the differences between the two, and how do you know which one you need? A will is the most commonly used legal document for leaving instructions about your property after you die. It is also used to name an executor — the person who is in charge of your assets, their distribution, paying taxes and any estate expenses after you die. The will is also very important if you have minor childre

Estate planning is something new parents need to put at the top of their must do list. I know you may be sleep-deprived, overwhelmed, and frazzled. But don’t let that become an excuse to put off your estate planning. Having a child dramatically changes one’s estate plan and makes having that plan all the more necessary, says ThinkAdvisor’s recent article, “5 Legacy Planning Basics for New Parents.” Create a checklist—and set attainable dates to complete the items. Here are fi

If you’re concerned about family conflict after you pass away, you must have an estate plan to minimize that potential for conflict by making your wishes clear and legally documented. Unfortunately for families, most people (whether they are concerned about conflict or not) never get around to estate planning. In fact, research shows that about 60% of U.S. adults don’t have even a simple will. For those that do have a will, they often fail to recognize that not all of their p

It’s common when both parents die, that they leave their home to their children. However, what happens when the sibling, who’s the executor or trustee, refuses to sell the home (which still has a home equity loan). nj.com’s recent article, “What happens when siblings can’t agree about selling parents’ home” explains that even though an executor has some discretion in administering the estate, she has a duty to settle and distribute the estate expeditiously and efficiently for