Facebook-f Twitter Linkedin-in Youtube Rss
estate planning and elder law
Book Your Free Call

Estate Planning Blog Articles

Estate & Business Planning Law Firm Serving the Providence & Cranston, RI Areas

Managing a House After a Relative’s Death

When a loved one passes away, their home is often one of the most significant assets left behind. However, managing an inherited property can be complicated, involving legal procedures, financial obligations and potential family conflicts.

Knowing what steps to take can help heirs navigate the probate process, handle property expenses and decide whether to sell, rent, or keep the home.

Understanding Probate and Property Transfers

1. Determining Ownership and Title

Before making any decisions, confirming who legally owns the property is essential. Ownership depends on:

  • Whether the deceased had a will or trust specifying beneficiaries
  • The state’s inheritance laws if no will exists (intestate succession)
  • Whether the home was jointly owned by a surviving spouse or co-owner

If the property is included in a will, it must go through probate before transferring it to heirs. However, probate may not be necessary if it was placed in a living trust or owned jointly with survivorship rights.

2. Navigating the Probate Process

If the home is subject to probate, the executor of the estate is responsible for:

  • Filing legal documents to initiate probate
  • Paying outstanding debts and property taxes before distributing assets
  • Determining if the house must be sold to settle debts or be transferred to heirs

Probate can take months or even years, depending on the complexity of the estate. If multiple heirs inherit the home, they must agree on how to proceed with the property.

Financial Responsibilities of Inheriting a Home

1. Covering Mortgage and Property Expenses

If the home still has a mortgage, the heir must continue making payments or risk foreclosure. Other financial obligations include:

  • Property taxes and homeowner’s insurance
  • Utility bills and maintenance costs
  • Homeowners’ association (HOA) fees, if applicable

If the deceased had a reverse mortgage, the estate may need to sell the home or pay off the loan before inheriting it.

2. Selling vs. Keeping the Home

Once ownership is settled, heirs must decide whether to:

  • Keep the home – Ideal if a family member plans to live in it or use it as an investment.
  • Sell the property – A common choice to divide assets among heirs and cover expenses.
  • Rent the home – Provides an income stream but requires property management.

A legal dispute may arise if multiple heirs inherit the home but disagree on what to do. Having a clear estate plan can help prevent these conflicts.

Steps to Take When Managing an Inherited Home

  1. Secure the Property – Change locks, check for damages and notify homeowners insurance of the owner’s passing.
  2. Review Debts and Expenses – Determine if the home has outstanding loans, unpaid taxes, or liens.
  3. Get a Home Appraisal – Assess the market value to guide selling, renting, or estate distribution decisions.
  4. Settle Ownership and Probate Issues – Work with an attorney to transfer the title to heirs or sell the property.
  5. Decide on Next Steps – Weigh financial and personal factors before keeping, selling, or renting the home.

Get Legal Guidance for Managing an Inherited Home

Inheriting a home can be complex, requiring careful legal and financial planning. Whether you need to navigate probate, resolve title issues, or explore selling options, our law firm can help ensure a smooth transition.

Key Takeaways

  • Property transfer depends on probate: If a will exists, the executor must navigate probate before heirs can claim ownership.
  • Financial obligations continue after inheritance: Mortgage payments, taxes and maintenance costs must be managed immediately.
  • Heirs must decide whether to sell, rent, or keep the home: Each option has legal, financial and emotional implications.
  • Legal conflicts may arise with multiple heirs: Having a clear estate plan helps prevent disputes over inherited property.
  • Professional guidance ensures a smooth transition: An estate attorney can assist with probate, property transfers and tax implications.

Reference: AllLaw (Aug. 03, 2022) “Transferring Real Estate After Death”

Good Parenting and Estate Planning Work Together

Wealth created by one generation is often lost by the third generation when financial discipline, respect for the process of wealth creation and understanding the responsibilities of wealth aren’t taught from generation to generation. There are ways that parents can help their children and grandchildren overcome this tendency, and estate planning strategies are part of the process, says a recent article from Barron’s, “Teach Your Kids to Preserve Family Wealth, Not Squander It.”

Preparing to transfer wealth is best done with an experienced estate planning attorney. In addition, an annual letter to your children with a summary of the family’s financial situation and a statement of the parent’s values will help educate and update the family.

The annual letter should also share info about where to find wills and trusts and other estate planning documents, contact info for the estate planning attorney, financial advisor and accountant, and the location of life insurance policies. Don’t neglect an inventory of digital assets, their value and how to access them.

Trusts offer an opportunity to express values by creating a trust with incentive provisions and age-related triggers. When a beneficiary reaches certain milestones, like graduating from college or getting married, distributions can be made. There are also means of discouraging problematic behaviors. Provisions may be written to delay distributions until a beneficiary retains a job or enters a rehabilitation program and maintains sobriety for a certain period. Your estate planning attorney will discuss which type of trust is best for your family.

Start by defining your own family’s values and what it looks like to put those values into real-life scenarios. For instance, if you value entrepreneurial spirit, a trust could be created with discretionary distributions and non-binding language encouraging heirs to use the funds to start or expand a business. A trust could also encourage children to buy a home in a community with an excellent school district to benefit their children.

Stating these models without living them defeats the end goal. Children learn values by seeing how their parents behave. These lessons are learned early in life.

For high-net-worth families, avoiding a sense of entitlement is a major challenge. This is where generations lose a work ethic and wealth. Good parenting can avoid this by encouraging children to become resilient and allowing them to fail in safe settings. Developing confidence based on their abilities, whether in academics, sports, or community efforts, will foster a sense of self and independence not based on the family’s wealth.

For regular families intent on building wealth over generations, a healthy respect for the work it takes to build bank accounts, buy a home and create the stability needed for the future takes extra effort. Creating an estate plan with an experienced estate planning attorney can help you plan for the unexpected.

Reference: Barron’s (Feb. 7, 2025) “Teach Your Kids to Preserve Family Wealth, Not Squander It”

Obtaining Power of Attorney for Parents

As parents age, it becomes increasingly important to plan for the possibility that they may need assistance managing their financial affairs or making healthcare decisions. Without proper legal documentation, adult children may face significant obstacles in handling their parents’ needs, especially in cases of cognitive decline or medical emergencies.

A power of attorney (POA) is a legal document that designates a trusted individual to act on another person’s behalf in financial, medical, or personal matters. Obtaining a POA before a crisis arises ensures a smooth transition of responsibilities and prevents costly legal battles.

What Is a Power of Attorney?

A power of attorney grants legal authority to a designated person, known as an agent or attorney-in-fact, to make decisions on behalf of another individual, known as the principal. The scope of authority varies depending on the type of POA.

Types of Power of Attorney

  • Financial Power of Attorney – The agent can manage financial matters, such as paying bills, handling investments and managing property.
  • Medical Power of Attorney (Healthcare Proxy) – Authorizes the agent to make healthcare decisions if the principal becomes incapacitated.
  • General Power of Attorney – Grants broad authority over financial and legal matters. However, it typically ends if the principal becomes incapacitated.
  • Durable Power of Attorney – When “durable,” the POA remains in effect even if the principal is unable to make decisions due to illness or injury.
  • Limited (or Special) Power of Attorney – Provides authority for a specific transaction or period.

Choosing the right type of POA ensures parents receive the support they need while maintaining as much independence as possible.

Steps to Obtain a Power of Attorney for Your Parents

1. Start the Conversation Early

Many families delay discussing estate planning because of discomfort around aging and incapacity. However, waiting too long can result in complicated legal hurdles if a parent becomes unable to grant POA due to cognitive decline.

Approach the conversation sensitively, emphasizing that a POA protects their wishes and prevents unnecessary stress. Highlighting real-world examples of families who struggled without one may encourage proactive decision-making.

2. Determine the Right Type of POA

Assess your parent’s needs and preferences to determine the most appropriate POA. A durable financial POA may be suitable if they require help managing finances. A medical POA is essential to ensure that future healthcare decisions align with their wishes.

3. Choose a Trusted Agent

The person granted POA should be responsible, financially stable and able to handle difficult decisions. While many parents choose an adult child, they may also select a trusted family friend, financial advisor, or attorney.

The agent should be someone who:

  • Understands the parent’s values and preferences
  • Is capable of managing finances and healthcare decisions responsibly
  • Will act in the parent’s best interests without personal bias

Naming an alternate agent is also recommended if the primary agent is unable or unwilling to serve when needed.

4. Draft the POA Document

A POA must be properly drafted and executed according to state laws to be legally valid. While online templates exist, they may not provide the necessary legal protections. An estate planning attorney ensures that the document:

  • Complies with state-specific legal requirements
  • Clearly defines the agent’s powers and limitations
  • Includes provisions to prevent abuse or mismanagement

5. Sign and Notarize the POA

Most states require signing the POA in front of a notary public. Some states also require witnesses, particularly for medical POAs.

Once signed, distribute copies to relevant parties, including:

  • Financial institutions (for financial POAs)
  • Healthcare providers (for medical POAs)
  • Family members involved in caregiving

Keeping the original document in a secure but accessible location ensures that it is available when needed.

What Happens If No Power of Attorney?

If a parent becomes incapacitated without a POA in place, family members must petition the court for guardianship or conservatorship. This process is:

  • Time-consuming – Court proceedings can take months, delaying essential decision-making.
  • Expensive – Legal fees can accumulate quickly.
  • Emotionally challenging – Family members may disagree over who should be appointed guardian.

A properly executed POA prevents court involvement and ensures that a trusted individual is legally authorized to act on the parent’s behalf.

Common Misconceptions about Powers of Attorney

“I’ll Just Handle It when the Time Comes”

Many adult children assume they can automatically step in and manage a parent’s affairs in an emergency. However, financial institutions and healthcare providers will not grant access to accounts or medical records without a POA.

“A Will Covers Everything”

A will governs estate distribution after death—it does not grant decision-making authority during a parent’s lifetime. A POA is essential for managing affairs while they are still alive.

“POAs are Only for the Elderly”

While POAs are critical for aging parents, they are equally important for adults of any age. Unexpected accidents or illnesses can leave individuals unable to make decisions, making a POA a valuable safeguard for all adults.

Key Takeaways

A POA ensures financial and medical decision-making: Without it, family members may need to go through costly court proceedings to obtain legal authority.

  • The right POA depends on the parent’s needs: Financial, medical and durable POAs serve different purposes and should be chosen carefully.
  • A POA must comply with state laws: Improperly executed documents may not be legally valid, making professional guidance essential.
  • Without a POA, court intervention is required: If a parent becomes incapacitated without a POA, family members may need to pursue guardianship, which can be time-consuming and expensive.
  • Starting the conversation early prevents future stress: Delaying POA discussions can lead to legal complications and unnecessary burdens for family members.

Reference: A Place for Mom (Aug. 5, 2024) “A Beginner’s Guide to Power of Attorney for Elderly Parents”

Why Timeshares are One of the Worst Assets to Inherit

Timeshares are often marketed as affordable vacation ownership. However, what happens when they become part of an estate? Many heirs are surprised to learn that timeshares do not function like traditional real estate assets—instead of inheriting a valuable investment, they may be left with ongoing maintenance fees, restrictions on resale and unexpected legal obligations.

Understanding the downsides of inheriting a timeshare can help beneficiaries decide whether to keep, sell, or disclaim the property.

The Hidden Costs of Inheriting a Timeshare

Unlike traditional real estate, timeshares come with mandatory fees and restrictions, making them a financial liability rather than a valuable inheritance.

1. Ongoing Maintenance Fees

One of the most significant downsides of inheriting a timeshare is the never-ending maintenance fees, which must be paid whether you use the property. These fees:

  • Increase annually, often outpacing inflation
  • Can amount to thousands of dollars per year
  • Must be paid even if the timeshare goes unused

Failure to pay can result in collections, credit damage, or even foreclosure.

2. Difficulty Selling or Transferring Ownership

Many assume they can sell an inherited timeshare. However, resale is notoriously difficult. Timeshares:

  • Depreciate quickly and often have little to no market value
  • Have limited buyer demand, even for desirable locations
  • May include contract clauses that restrict resale or transfer options

Some heirs spend years trying to offload an unwanted timeshare, only to realize they are stuck paying fees indefinitely.

3. Potential Legal Liabilities

If a timeshare is deeded property, heirs become legally responsible for all associated costs. This means:

  • The management company can take legal action to collect unpaid fees
  • Inheritance laws may force multiple heirs to share financial obligations
  • Some contracts bind heirs indefinitely, making it hard to walk away

Even if a timeshare seems appealing initially, the long-term costs and restrictions can outweigh any perceived benefits.

How to Avoid Inheriting a Timeshare

1. Disclaiming the Inheritance

Heirs are not required to accept a timeshare inheritance. If an estate includes an unwanted timeshare, beneficiaries can legally disclaim it by filing a formal refusal with the probate court before taking ownership.

However, disclaiming must be done before using the timeshare or making any payments, as this can be seen as accepting ownership.

2. Negotiating a Deed-Back with the Resort

Some resorts allow heirs to return the timeshare through a “deed-back” program. This involves:

  • Contacting the timeshare company to check eligibility
  • Submitting necessary paperwork to relinquish ownership
  • Paying any final fees required to exit the contract

Not all resorts offer this option; some may charge a fee for releasing ownership.

3. Seeking Legal Assistance to Exit a Timeshare

If a resort refuses to take back the timeshare, an estate planning attorney can help explore other legal options. This may include:

  • Reviewing the contract for loopholes
  • Negotiating with the management company
  • Exploring legal exit strategies that protect the estate from liability

Many families assume they must accept an inherited timeshare. However, it may be possible to legally remove this financial burden with the right approach.

Should You Keep an Inherited Timeshare?

While most heirs choose to avoid inheriting a timeshare, some may find value in keeping one under the right conditions. It may be worth keeping if:

  • The location is desirable and frequently used by family members
  • The maintenance fees are affordable compared to rental costs
  • The contract allows for flexibility in usage and resale

However, long-term costs and restrictions should be carefully evaluated before deciding.

Protect Your Estate from Unwanted Assets

If you or a loved one owns a timeshare, addressing its future in an estate plan is essential to prevent heirs from inheriting an unwanted financial burden.

Our law firm helps clients plan for complex assets, negotiate timeshare exits and protect their heirs from unnecessary liabilities. Schedule a consultation today to discuss your estate planning options.

Key Takeaways

  • Timeshares come with lifelong financial obligations: Maintenance fees increase yearly and must be paid whether the timeshare is used.
  • Reselling a timeshare is difficult: The market for used timeshares is small, and many contracts restrict transfer options.
  • Legal liabilities can pass to heirs: If a timeshare is accepted, the beneficiary is responsible for all associated costs and fees.
  • Heirs can disclaim a timeshare inheritance: Legally refusing the inheritance before assuming ownership can prevent financial responsibility.
  • Legal guidance can provide exit options: An estate planning attorney can help navigate disclaimers, deed-backs and contract negotiations.

Reference: Yahoo Finance (Aug. 16, 2024) “Inheriting a timeshare can be bad news. Here’s why, and how to avoid it”

How an Estate Planning Attorney Can Bridge the Gap Between Generational Wealth

Building wealth is only half the battle—ensuring that it lasts for future generations requires careful estate planning and strategic wealth management. Many families fail to implement a structured plan, leading to lost assets, unnecessary taxes and family disputes. Without the proper legal and financial strategies, even substantial inheritances can be squandered within a generation.

An estate planning attorney plays a crucial role in bridging the gap between generations, ensuring that wealth is protected, distributed according to the family’s wishes, and sustained for years to come.

Why Generational Wealth Often Fails to Last

Studies show that 70% of wealthy families lose their wealth by the second generation and 90% by the third. The primary causes include:

  • Lack of financial literacy – Heirs often receive wealth without a plan for responsible management.
  • Estate tax burdens – Without proper planning, substantial portions of an estate may be lost to federal and state taxes.
  • Legal disputes – Poorly structured wills and trusts often lead to costly inheritance battles.
  • Failure to adapt to changing financial laws – Inheritance laws, tax regulations and trust structures evolve over time.

Estate planning provides legal structures and safeguards to prevent these issues and ensure that family wealth remains intact.

How Estate Planning Protects Generational Wealth

Structuring Trusts for Long-Term Asset Protection

Trusts are among the most effective tools for protecting wealth and ensuring that assets are passed down responsibly. Unlike a will, which simply distributes assets, trusts provide ongoing management and protection.

Common trust structures include:

  • Revocable Living Trusts – Allow individuals to control assets during their lifetime, while avoiding probate upon death.
  • Irrevocable Trusts – Provide stronger asset protection and tax advantages by permanently removing assets from the grantor’s estate.
  • Generation-Skipping Trusts (GSTs) – Allow assets to bypass one generation, reducing estate tax liability for grandchildren.

Trusts also allow customized inheritance distribution, such as delayed payouts, financial milestones, or incentives for responsible wealth management.

Minimizing Estate Taxes and Legal Fees

High-net-worth individuals face significant estate tax challenges if wealth is not structured correctly. An estate planning attorney helps reduce tax exposure through:

  • Gifting strategies – Annual tax-free gifts to heirs reduce taxable estate size.
  • Charitable giving – Donating assets through charitable remainder trusts or donor-advised funds offers tax deductions while benefiting causes.
  • Family Limited Partnerships (FLPs) – These allow wealth to be transferred gradually, minimizing tax burdens.

Without tax planning, heirs may be forced to sell assets or businesses to cover tax liabilities.

Preventing Family Disputes Over Inheritance

Even well-meaning families can experience conflict over wealth distribution. An estate planning attorney helps prevent disputes by:

  • Creating straightforward wills and trust agreements that specify asset distribution.
  • Including business succession plans to ensure seamless leadership transitions in family businesses.
  • Establishing conflict resolution mechanisms like mediation clauses to settle disputes outside of court.

A structured estate plan ensures that inheritance disagreements do not escalate into costly legal battles.

Teaching Financial Responsibility to Heirs

Wealth transfer is more effective when heirs understand how to manage their inheritance. Estate planning attorneys work with families to:

  • Educate younger generations on financial management and investment strategies.
  • Introduce heirs to financial advisors who can help them navigate wealth preservation.
  • Incorporate inheritance incentives that promote responsible spending and investment.

Without financial education, even a well-structured estate plan can fail to maintain generational wealth.

Estate Planning for Business Owners

Family businesses require careful succession planning to ensure stability after the founder’s passing. An estate planning attorney helps:

  • Identify and prepare successors for leadership transitions.
  • Establish buy-sell agreements to ensure smooth ownership transfers.
  • Structure ownership in trusts or LLCs to provide financial protection.

Companies often struggle to survive past the first generation without a business succession plan.

Secure Your Family’s Financial Legacy

Estate planning is more than wealth transfer—it’s about ensuring that assets are preserved, managed wisely and passed down without unnecessary financial losses. Our law firm helps families create customized estate plans that protect wealth for generations. Schedule a consultation today to safeguard your legacy.

Key Takeaways

  • Generational wealth often fails without planning: Families that do not structure inheritance properly risk losing assets within a generation.
  • Trusts protect wealth and control distributions: Properly structured trusts ensure responsible asset management and prevent mismanagement by heirs.
  • Tax planning preserves more wealth: Estate taxes can erode inheritances. However, gifting strategies and charitable giving help reduce tax liabilities.
  • Clear estate plans prevent family conflicts: Legally binding wills, trusts and mediation clauses prevent disputes over wealth distribution.
  • Financial education ensures wealth lasts: Teaching heirs responsible financial management strengthens long-term asset preservation.

References: J.P. Morgan (Nov. 18, 2024) “We Need to Talk: Communicating Your Estate Plan With Your Family” and Business Insider (Feb. 9, 2025) “Inside the Retreat for Billionaire Heirs Trying to Give Away Their Money”

An Estate Plan Can Say, ‘I Love You’ More than Flowers

Estate planning is more romantic than you might think. It ensures that someone or a group of people you care about receive instructions for challenging situations and how assets are distributed. It’s about ensuring that someone has a power of attorney and medical directives. These are acts of love, according to a recent article from Wealth Management, “Say ‘I Love You’ With an Estate Plan.”

With an estate plan in place, family members aren’t forced to make difficult decisions or worry about someone’s wishes not being granted. Without it, loved ones may face a lifetime of regret.

You may think spouses automatically receive everything upon the death of a spouse. However, it doesn’t always work this way. If there are children and there is no will, the assets are divided between the spouse and the children in many states. If the children are minors, the surviving spouse may be left scrambling to make up the difference to support the children. They won’t be able to access the minor children’s inheritance, as a court-appointed conservator may control the assets.

The last thing you want a grieving spouse to have to do after you’ve passed is to deal with legal complications, unexpected expenses and a struggle to pay bills. Creating an estate plan with an experienced estate planning attorney prepares the spouses for what will happen when one passes and allows the family to focus on grieving and caring for each other, instead of untangling disorganized finances.

Planning for estate taxes is another act of care for loved ones. Life insurance is often used to cover the cost of any taxes, which reduces the taxable estate and adds to the assets a loved one will receive. Without planning, an estate can lose one-sixth of its value in taxes alone, so tax planning should always be part of an estate plan.

To make estate plans more meaningful, you may want to leave a written note to loved ones. Often called an ethical will, this personal message shares the life lessons you’ve learned, values and encouragement. For some family members, the message of thoughtful and loving advice becomes an annual ritual, where the ethical will is read every year and often referred to when facing tough decisions in their personal and professional lives.

When someone dies unexpectedly or has no opportunity to say goodbye, having these final words can anchor loved ones through life. Putting your love and wisdom into a letter will add to your legacy.

Estate planning is more than paperwork. It lightens the pain of loss, preserves peace among the family and demonstrates caring for those you love. If you don’t have an estate plan, give yourself and your loved ones peace of mind by making an appointment today.

Reference: Wealth Management (Feb. 13, 2025) “Say ‘I Love You’ With an Estate Plan”

What Happens When a Pet Outlives Its Owner?

While leaving millions to a pet is a little extreme, regular people who love their dogs, cats, parrots and other companion animals are wise to make plans to protect their pets in case they become incapacitated or die before their pets. A recent article from MSN, “Things That Happen When a Pet Outlives Its Owner,” looks at what can happen to pets after their owners die.

If plans for the pet, including funding for care, aren’t made, there’s no way to be sure the pet will avoid the fate of many senior animals: an animal shelter. Making matters worse, senior dogs have a lower adoption rate, putting them at risk of remaining at the shelter for the rest of their lives or being euthanized.

If your family loves animals, or you have close friends who are animal people, your pet might get lucky and be adopted by a family member or friend. However, this doesn’t always work out. Even well-meaning friends may have allergies or a lifestyle that conflicts with having a pet. There may also be behavior problems because the pet is grieving the loss of their owner in a new environment, and it may become difficult for the friend or family member to take care of.

Clear instructions about the care of your pet and money to provide for their food, veterinary bills and other costs need to be set down in a legally enforceable document if your pet is to avoid being passed like a hot potato from person to person or to end up in a cage in a shelter.

Pets are considered property, so you can’t leave money directly to them. You could name a caretaker in your will and leave them a certain amount of money to care for the pet. However, the will may not be enforceable. They may use the money for other things while your dog is neglected.

If you don’t name a caretaker, the court may decide where your pet will end up. This can delay the pet’s being placed into a home environment while decisions are being made. Even short shelter stays can be traumatic for animals that are used to living with people.

Exotic pets pose a different set of problems. A large bird with a 50-year lifespan needing a special diet and habitat will not be easy to rehome. A large tortoise with a 100-plus-year lifespan will probably end up living in an animal sanctuary if one can be found and if the sanctuary can afford to take on the cost and responsibility.

An estate planning attorney can create a pet trust in most states for several purposes. The pet trust should be funded with money for the pet’s care. A trustee oversees the money, while a caretaker is named in the trust to have physical custody of the pet.

Some shelters, especially no-kill shelters, have arrangements where a donation is required to ensure lifetime care in a suitable environment. The donations often incorporate a Charitable Lead or Charitable Remainder Trust.

Planning for your pet’s future will provide peace of mind, knowing your beloved companion will have a happy life even when you aren’t there.

Reference: MSN (Jan. 30, 2025) “Things That Happen When a Pet Outlives Its Owner”

What Kind of Trust Helps a Family with Young Children?

Trusts are not just for wealthy people. They are used when a family has young children and wishes to ensure that there is a plan in place to care for the children in case the parents die or become incapacitated. A recent article from Business Insider, “I asked an estate planning attorney the best way to establish a trust for my 2-year-old daughter,” explains what parents can do to protect their youngest loved ones.

There are a few different trusts to consider, depending on your situation:

Revocable Living Trust. The revocable trust is the most flexible. It is a separate legal entity with language directing how assets will be used for different scenarios. For instance, if someone dies or becomes disabled and their beneficiaries are all children, the trustee will manage and allocate necessary financial resources to support the children. Many estate planning attorneys consider a trust even more important than a will, since it doesn’t require the estate to be settled before trustees can access the assets.

An IRA Trust. You may want to consider creating an IRA trust if you own an IRA. This allows a minor child to be the beneficiary of the retirement account. On the death of the IRA owner, assets go into the trust, which has a trustee who manages the asset until the person comes of age or whenever the original owner wants them to receive the money.

When a regular IRA account is left to a minor, the family must petition the court to obtain a court-appointed guardian to manage the account until the minor is of legal age. With an IRA trust, you’ve clarified who the trustee should be and when the child will receive the money. If the money is not needed and can remain in the trust, it is a protected asset for their future.

A Trust for Minors. This allows you to leave assets to a child until they reach a certain age, which you articulate in the trust. You can leave all or a portion of the money to the beneficiary to be distributed when you feel they can manage it. You decide when to release the funds, who the trustee should be, the rules for how the money is to be spent and when the minor may receive income.

An Education Trust. In addition to creating a 529 College Account for a minor child, it’s a good idea to create an Education Trust to be sure the funds will be used for education. You can assign a certain amount for education and state the age you’d like the beneficiary to receive any leftover funds.

An estate planning attorney can help you create a plan for your children or grandchildren to ensure that they have the funds they need in case of tragedy and place guardrails on the money so it’s protected.

Reference: Business Insider (Jan. 31, 2025) “I asked an estate planning attorney the best way to establish a trust for my 2-year-old daughter”

How Estate Plan Protects Your Family

Estate planning is one of many ways to make a difference to your family’s future. Whether starting from scratch or revising a will created many years ago, your estate plan gives you control over your assets and secures your loved ones. The title of a recent article from Florida Today says it all: “Your family’s future is important to you. These estate-planning tips can help secure it.”

If you don’t have a will, get started on this part right away. A will outlines how you want assets to be distributed upon your death. Without one, the probate court in your jurisdiction will determine who receives your property, and while you may not be around to see the results, your family will. If you have a will but haven’t reviewed it in a while, you’ll want to know if it still makes sense for you. Life is all about changes, good and bad, and your will should reflect your current life.

Living trusts keep assets in the family and pass from one person to the next without court involvement. Property owned by a trust goes directly to the beneficiaries without going through the probate process. Even better, trusts are used to appoint a trustee who will manage the assets if you become incapacitated. A trust works while you are living and after you have died. Families with significant assets, blended families and anyone looking for a smooth way to pass assets to loved ones rely on trusts.

People underestimate the importance of a Power of Attorney. A durable power of attorney gives a person of your choosing the legal authority to act on your behalf in financial matters. If you are too sick to pay bills or manage investments, an agent (the person named in the POA) can act on your behalf. Without this document, your family must petition the court to appoint someone to manage your life. The court has no obligation to name a family member or even someone you know to oversee your life. It’s far better to simply have an estate planning attorney create a POA suited to your needs.

You’ll also want an advance healthcare directive, sometimes called a living will, to express your wishes for healthcare in case you can’t. This document includes your wishes regarding life-sustaining treatments, organ donation and end-of-life care. The healthcare directive serves two critical purposes: it allows you to state your wishes and spares your family from not knowing what you want during a healthcare crisis. An emergency is no time for your children to guess what Mom wants.

Beneficiary designations are used in many financial accounts to allow the asset to go directly from the original owner to the beneficiary without going through probate. Beneficiary designations override your will. If you want your nephew to inherit your IRA but your IRA’s beneficiary designation is your spouse, your nephew gets nothing. People who have been divorced need to be extra careful about making sure their beneficiary designations are updated.

Parents of minor children must designate a legal guardian in their estate plan. Establishing a trust to own an inheritance for healthcare, education and living expenses ensures that their guardian will have funds to care for the children. Minors may not inherit property, so making a trust is the best way to protect and control their inheritance.

An estate plan, including a will, power of attorney, healthcare directive and trusts, is central to protecting your family and their future. An experienced estate planning attorney will help identify your concerns and know how to address them in a legally enforceable manner.

Reference: Florida Today (Feb. 8, 2025) “Your family’s future is important to you. These estate-planning tips can help secure it.”

Decluttering after Loved One’s Death: A Practical and Emotional Guide

Losing a loved one is never easy, and handling their estate can feel overwhelming. Beyond probate’s legal and financial aspects, families must also address the personal belongings left behind. Every item holds memories, and deciding what to keep, donate, or discard can be emotionally challenging.

While decluttering is necessary, it does not have to be overwhelming. With patience, organization and legal guidance, families can navigate this process in a way that honors their loved one’s legacy, while ensuring a smooth estate administration.

Understanding the Probate Process and Personal Belongings

Before decluttering, spend time learning how probate affects the distribution of assets. Probate is the legal process that ensures debts are paid, and assets are distributed according to a will or state laws if no will exists.

When to Begin Decluttering

Many families are urged to begin sorting through belongings immediately after a loved one passes. However, specific legal steps must be followed first. The executor of the estate—or administrator if there is no will—must:

  • Verify that a will exists and file it with the probate court
  • Obtain legal authority to manage and distribute the deceased’s assets
  • Identify which items are part of the probate estate and which pass directly to beneficiaries

Some belongings, such as jointly owned property or accounts with named beneficiaries, may not be subject to probate. Consulting with a probate attorney ensures that assets are handled correctly and that families do not unknowingly dispose of legally protected items.

A Step-by-Step Approach to Decluttering

Step 1: Create an Inventory

List all significant belongings and sentimental items, especially those with financial or legal significance. This includes:

  • Jewelry, antiques and collectibles
  • Financial documents and insurance policies
  • Family heirlooms and personal memorabilia

An inventory helps prevent disputes among family members and ensures that valuable or sentimental items are accounted for before decisions are made.

Step 2: Identify What to Keep, Donate, or Discard

After creating an inventory, begin sorting belongings into categories. While every family’s process will be different, a structured approach can make decluttering more manageable:

  • Items to keep – Family heirlooms, meaningful photographs and personal mementos
  • Items to donate – Clothing, furniture and household goods in good condition
  • Items to discard – Broken, outdated, or unusable items

Open discussion can prevent conflicts if multiple family members want the same item. Some families choose to rotate selections, allowing each person to select keepsakes.

Step 3: Seek Professional Guidance for High-Value Items

Some belongings may hold significant financial value. Consider having them appraised before selling or donating items such as artwork, antiques, or real estate. A probate attorney can also help determine whether certain assets require special handling under the law.

Emotional Challenges of Sorting through a Loved One’s Belongings

Managing Grief During the Process

Decluttering after a loved one’s death can trigger unexpected emotions. Items like handwritten letters, old clothing, or favorite books carry deep sentimental value, making it challenging to decide what to part with. It’s essential to recognize that grief affects decision-making, and taking breaks or seeking support when needed is okay.

Avoid Family Disputes

Inheritance disputes are one of the most common challenges during estate administration. Even if a will is clear, emotional attachments can complicate decisions. To avoid conflict:

  • Hold a family meeting to discuss how belongings will be divided
  • Use written agreements when distributing valuable items
  • Consider mediation or legal assistance, if disagreements arise

Clear communication and legal guidance ensure that the process remains fair, respectful and free of unnecessary conflict.

When Is Legal Assistance Needed?

While decluttering is a personal, family-driven process, some situations require legal intervention. It may be time to consult a probate attorney if:

  • There are disputes over high-value belongings or sentimental items
  • Uncertainty exists about which belongings are included in the probate estate
  • Legal documents, such as wills or trusts, need to be reviewed to ensure proper distribution

A probate attorney ensures that all legal obligations are met, while helping families move forward without unnecessary delays or disputes.

Plan for College and Protect Your Assets

Balancing college savings, estate planning and financial aid eligibility requires careful planning. Schedule a consultation today to ensure your family’s financial future is secure, while maximizing education opportunities for your children.

Key Takeaways

  • The probate process impacts decluttering: Some belongings must go through legal steps before being distributed or removed.
  • A structured approach makes decluttering easier: Creating an inventory and sorting items into categories reduces stress and ensures fairness.
  • Emotional attachments make decision-making difficult: Recognizing the role of grief and allowing time to process emotions is essential.
  • Family disputes can arise over sentimental belongings: Open communication and, if needed, legal mediation can help prevent conflicts.
  • Legal assistance ensures smooth estate administration: A probate attorney can clarify ownership, resolve disputes and guide families through complex legal requirements.

References: Joseph Stern, M.D. (April 18, 2023) “Grief Cleaning: How to Separate Memories from Things While Decluttering” and Empathy “It’s the little things: Dealing with keepsakes”

Search
Join Our eNewsletter

Recent Posts
Categories
estate planning and elder law
Email/Social Media
Facebook-square Twitter-square Linkedin Youtube Blog
Quick Links
Powered By

Copyright © Lambros Law Office LLC. All rights reserved. Some artwork provided under license agreement.