Estate Planning Steps to Contemplate in 2025

One of the tasks for families and business owners to consider at the start of a new year is estate planning. Did any special events occur in 2024, making it necessary for your estate plan to be updated? Or has another year passed since you didn’t get to update an existing plan or even have an estate plan created? What about a succession plan? A recent article from Cincinnati Business Courier, “5 key considerations for personal estate planning in 2025: An attorney’s perspective,” examines steps to take in the new year.

What’s going to happen with the federal gift, estate and generation-skipping transfer tax exemptions? The exemption is currently $13.61 million and will increase to $13.99 million in January (indexed for inflation). The legislation creating these levels expires on January 1, 2026, but the future of the exemption remains uncertain. Many high-net-worth individuals and families are going forward with estate planning strategies to ensure that their estates are not hit with taxes in case the exemption is reduced.

Annual gift tax exclusion rises to $19,000 in 2025. The IRS recently announced an increase in the annual gift tax exclusion, which took place in January 2025, from $18,000 to $19,000. This is the amount any individual can gift to as many people as they wish without using up any of their lifetime exemptions. A married couple can make gifts of $38,000 to as many individuals as they want.

Grandparents who gift $38,000 to grandchildren and adult children can transfer a tidy sum to their descendants in a single year without using any of their own exemption amounts. Speak with your estate planning attorney about whether or not it makes sense to file a gift tax form with the IRS. There are instances where this is not required. However, it is helpful for future planning.

Deadline for the Corporate Transparency Act is approaching. Business owners should speak with their estate planning attorney about the Corporate Transparency Act to see if they need to file a beneficial owner information report. Any reporting company established before January 1, 2024, is required to file the initial beneficial owner information report before January 1, 2025. A reporting company created in 2024 has to file within 90 days of formation. Even single-member limited liability corporation (LLC) owners should check with their attorneys to ensure that they meet reporting obligations.

Family-owned and other closely held business organizations should consider the new year a time to start creating or updating a succession plan. The succession plan needs to align with the estate plan and serve two goals: avoiding probate and ensuring a seamless transition for employees and clients.

Will the recent Connelly decision impact your business succession plan? This high court decision centered on whether or not proceeds from a business owner’s life insurance should be included in the value of the business for estate tax purposes. The court ruled a company’s obligation to redeem a deceased shareholder under a stock redemption plan cannot be used to offset the insurance proceeds when calculating the value of the company as part of the owner’s estate. Business owners need to consider how their succession plan is structured, including life insurance, and discuss whether changes need to be made.

Reference: Cincinnati Business Courier (Dec. 3, 2024) “5 key considerations for personal estate planning in 2025: An attorney’s perspective”

Discussing Estate Planning in the Holiday Season

With so many families living in distant states, the holiday season is often the only time everyone is together. A family gathering can provide a chance to talk about major life changes and plans for the future, including estate planning issues. It can be tricky to navigate. However, some conversations are simply better in person. A recent article from Independent Record, “How to tackle estate planning with loved ones this holiday season” outlines topics to cover.

Beneficiary Designations. Upon opening savings, investment and retirement accounts, an option is usually provided to name a beneficiary. This tells the financial institution who is to receive the asset upon the owner’s death, similar to how a beneficiary is named on a life insurance policy. There are often contingent beneficiaries if the primary has died or does not want to receive the assets.

Beneficiary designations should be checked every few years and when certain triggering life events occur, like death, divorce, or marriage. Some financial institutions have default beneficiary designations, so the owner should also have this information. The beneficiary receives these assets outside of the will, avoiding probate in most cases. Tax treatments of these instruments may differ, so they should be reviewed with an estate planning attorney to see how they work with the estate plan.

Power of Attorney. The POA is a document allowing an individual to name someone to make decisions on their behalf if they are incapacitated. This document should be discussed with the chosen person, usually a spouse, adult child, trusted friend, or an estate planning attorney, with their consent. If there are issues with family members, a non-family member may be a better choice.

There are different types of POA. A durable POA takes effect immediately and doesn’t expire. A non-durable POA is valid for only a specific period of time. The healthcare POA, also known as a healthcare proxy, is also needed for another person to be involved in medical care: spouses are not automatically given these rights. A HIPAA release form should also be in place, so the POA can talk with doctors and others involved in medical care.

Wills and Trusts. If there is no will, the person’s assets are distributed according to the laws of the state, which, in most cases, is decided based on kinship. Most people opt to have a will to decide how their assets are distributed.

Trusts establish a separate legal entity managed by a trustee, who also oversees distribution at the time indicated in the language of the trust. Unlike a will, assets in a trust are distributed privately and outside the court system, meaning they don’t pass through probate. An experienced estate planning attorney creates a trust to meet the specific needs of the grantor.

It’s a good idea to talk about these issues while the family members are well and able to discuss them with a clear head. An estate planning attorney will help with guidance and could also help figure out how to navigate issues when potential conflict exists. During and after the holiday season, estate planning protects loved ones and ensures that wishes are followed.

Reference: Independent Record (Nov. 25, 2024) “How to tackle estate planning with loved ones this holiday season”

How to Avoid Estate Planning Mistakes in 2025

Even if you could remove all of the emotions about estate planning, like considering your eventual demise and the possibility of incapacity, it can still feel a bit overwhelming. Having an experienced estate planning attorney on your team makes the process far easier, with the knowledge you’re in good hands. A recent article from GO Banking Rates, “4 Expert Insights on Avoiding Estate Planning Pitfalls for 2025,” explains how estate planning helps to avoid family fights, lost assets and legacies.

Estate Planning encompasses your entire life. Wills express how you want assets to be distributed, and trusts minimize taxes by taking assets out of the probate estate. However, an estate plan is more than these two pieces. Estate plans include incapacity plans, caring for children and transferring wealth in a number of ways.

If someone becomes incapacitated and hasn’t created a Durable Power of Attorney, no one can manage non-healthcare matters, from paying utility bills to maintaining their home. A family member must go to court to obtain guardianship to do anything.

Every estate plan should include a Healthcare Power of Attorney and HIPAA release authorization so a designated person can be involved with their loved one’s healthcare, talk with their doctors and be involved in any medical decision-making.

Keeping beneficiary designations up to date. Beneficiaries aren’t just the people you name in a will. Designated beneficiaries are those listed on retirement accounts, investment accounts, life insurance policies and other documents to receive assets when you die. Make sure these names are up to date, especially if you haven’t reviewed them in years. Any account with a beneficiary designation does not go through probate, and your will has no control over these assets.

Things will get messy if beneficiaries on your accounts are no longer in your life. Assets could go to an ex-spouse, an estranged family member, etc.

Choosing your executor with care. Many people get stuck when there is no obvious person to manage this task. An experienced estate planning attorney can help you work through this issue, since a poor choice could put your entire estate plan at risk. Whoever you choose to serve as executor—the person who manages your estate—will need to deal with financial institutions, family members, government agencies and every facet of your life. Many automatically name their eldest child or best friend, which might lead to disaster if they are not available, good with details, fiscally knowledgeable, or able to manage your family’s personalities. Ensure that they are up for the task and also have a backup executor named.

Introduce your family to your estate planning attorney, financial advisor, CPA and other professionals in advance. The people who help you manage the business side of your life will be able to help you better if family members know who they are, how to contact them and have already met them. They don’t have to be friends. However, making introductions in advance can make their work together easier.

Reference: GO Banking Rates (Nov. 17, 2024) “4 Expert Insights on Avoiding Estate Planning Pitfalls for 2025”

Millennials and Gen Z Need Estate Plans Now

People with modest assets, young adults and parents should all have estate plans to protect themselves while they’re living, protect their children and provide a means for transferring assets of any size to heirs of their choosing. This is estate planning in a nutshell, with details furnished in a recent article from yahoo! finance, “Why millennials and Gen Z should have a basic estate plan.”

Most people first think about estate planning when they have children. It’s a good reason, as a will is used to name a guardian who will raise the children if both parents should die. Otherwise, a court will decide who should raise the children, and it isn’t always a family member. However, this is far from the only reason to have a will.

All adults should have two essential documents: a durable power of attorney and a healthcare power of attorney, also known as a healthcare proxy. These documents give other people, referred to as “agents” or “representatives,” the legal power to act on behalf of the adult if they cannot do so. We don’t like to think about becoming incapacitated. Nevertheless, it happens, and when it does, having these estate planning documents makes it possible for another person to act on your behalf.

If there is no power of attorney, the family will need to go to court to have someone named as a guardian of the incapacitated person. The process is both stressful and costly. Having a POA is far easier. When you have an estate planning attorney create a POA, you also get to name the person you want to be in charge. The court may not choose the person you would have wanted.

Wise parents have their children sign a healthcare power of attorney when they turn 18. Unless this happens, the parent may no longer be part of the newly-minted adult’s healthcare, including talking to doctors, discussing health insurance issues and being involved with decision-making.

If it seems unnecessary for an 18-year-old to have a last will and testament, there are more than a few reasons for doing so. First, an 18-year-old who has been accumulating cryptocurrency might have assets to protect. In the same way, parents don’t have the right to make medical decisions for an 18-year-old; they don’t have any say over their property. If the young adult has bank accounts, digital assets, car loans, or student loans, the parent will be better protected if there is a simple will. If there is no will, the grieving family will have to go through probate, the court process of determining who will receive the young person’s assets.

Having a young adult think about having a will is a good life lesson. As they age, they must update their plan to reflect life’s milestones. Estate planning is an evolving process similar to owning and maintaining a home.

Young adults working and with retirement accounts should be mindful of who they name as their beneficiary on retirement accounts, insurance policies and any other financial account allowing a beneficiary to be named. These assets don’t pass through probate but go directly to the designated beneficiary. Keeping a list of these accounts and who was named as a beneficiary is also good practice for young adults.

Younger adults who tackle estate planning early on are setting themselves and their families up for success in the future. Many estate planning attorneys start working with one generation and are happy to advise their children as they grow into adulthood.

Reference: yahoo! finance (Nov. 18, 2024) “Why millennials and Gen Z should have a basic estate plan”

Probate for Real Estate in Multiple States: Managing Assets

Probate is complicated. However, things can get even trickier when managing real estate in multiple states. If you own property outside your home state, your heirs may face extra steps in settling your estate. Here’s a look at how probate works for real estate in multiple states and how you can help your loved ones avoid these challenges.

What Is Probate?

Probate is the legal process of distributing a person’s assets after death. For real estate, probate involves the court supervising property transfer to the rightful heirs. This can take months or even years, depending on the complexity of the estate. When real estate is involved, mainly if it’s located in more than one state, it can complicate matters even more.

Each state may require a separate probate process when you own property in multiple states. This means your family could deal with probate proceedings in several locations, which can add time, legal costs and stress.

Probate Across States

If you own property in a state other than where you live, your estate could go through two different probate processes—one in your home state and another in the state where the property is located. This is called “ancillary probate.” The probate process in your home state handles all your other assets, but any real estate outside of your state is subject to the probate laws where the property is located.

Each state has rules for probate, including who can inherit property and how long the process takes. If you don’t plan, your heirs could face additional delays and legal fees as they navigate probate in multiple states.

Can You Avoid Probate in Multiple States?

According to Forbes, there are ways to avoid probate for real estate, even if it’s located in different states. By planning, you can save your heirs time and money. Here are a few options:

Should You Use a Revocable Living Trust?

One of the most effective ways to avoid probate is to create a revocable living trust. This allows you to transfer your real estate ownership into the trust while still alive. You remain in control of the property during your lifetime. After you pass away, the property goes directly to your beneficiaries without going through probate.

Creating a revocable living trust requires some legal work. However, it can be a much simpler and faster way for your heirs to receive the property after your death. It can also help them avoid the costs and delays of ancillary probate.

Is a Transfer-On-Death Deed Good for Real Estate Inheritance?

In some states, you can set up a transfer-on-death (TOD) deed for real estate. This allows you to name a beneficiary who will automatically inherit your property when you pass away. A TOD deed can be more affordable and straightforward to avoid probate. However, it’s unavailable in every state. If you own property in multiple states, you must check if each allows TOD deeds.

Avoiding Probate with Co-Ownership

Another way to avoid probate for real estate is by co-owning the property with someone else. If you and your spouse, for example, own a home together, the property might automatically transfer to the surviving spouse upon your death without going through probate. However, this option only works for certain types of co-ownership, so knowing how your property is titled is essential.

When You Should Seek Legal Help

Dealing with probate for real estate in multiple states can be complicated. Every state has laws and rules about how probate works and how property is transferred. Talking to a probate lawyer is good if you own real estate in numerous states. They can help you understand your options and create an estate plan to make things easier for your loved ones.

Protect Your Property Across State Lines — Start an Estate Plan Today!

Planning is essential to ensure that your family avoids the stress and costs of probate; a probate lawyer can help you explore your options, whether creating a living trust, setting up a TOD deed, or exploring co-ownership strategies. Contact our law firm today to request a consultation and start planning to protect your real estate and other assets.

Key Takeaways:

Simplify the probate process: Avoid multiple court proceedings for real estate in different states.
Save time and money: Keep your heirs from dealing with costly and lengthy probate.
Maintain privacy: Keep your real estate transfers out of the public record with proper estate planning.
Ensure smooth asset transfer: Use trusts, TOD deeds, or co-ownership to help your family inherit without the hassle.
Protect your loved ones: Plan with the help of a probate lawyer to minimize future legal challenges.

Reference: Forbes (Aug. 23, 2024) “A Guide To Probate In Real Estate: What You Should Know”

Why Is Legal Planning Important for the Sandwich Generation?

Adults of the sandwich generation find themselves responsible for both their children and their aging parents, an increasingly common situation with struggling youth and a growing elderly population. As someone ages and faces growing health issues, caregivers face increasing workloads, stress and burnout. However, good legal planning can reduce uncertainty and make future challenges easier.

What Challenges are Facing the Sandwich Generation?

The sandwich generation often faces a tricky balancing act. People born in the 1940s and 1950s live longer. However, many are experiencing more health issues than previous generations. According to research from University College London and Oxford University, today’s older adults are more likely to suffer from multiple health problems, such as diabetes or obesity, which complicate their care needs.

At the same time, parents today face new demands from their children, including issues like mental health challenges and children staying in the family home longer due to financial reasons. Caring for both generations can feel like an overwhelming responsibility.

How Does Legal Planning Help Manage Health and Financial Concerns?

Without proper planning, the emotional and financial costs of caring for aging parents can be enormous. One solution is to work with an elder law attorney to create legal documents and plans that provide peace of mind. These legal plans may include:

Powers of attorney: Ensuring someone can make financial and medical decisions if your parent or loved one cannot.
Health care directives: Ensure that your loved one’s wishes for medical care are respected.
Guardianship and conservatorship: Appointing a trusted person to care for someone who can no longer decide for themselves.

Legal planning ensures that your parents are protected and helps avoid family disputes about who will care for them and how their finances will be managed.

What Happens without Elder Law Planning?

Legal issues can arise unexpectedly for many families if no planning is in place. A lack of legal documents can lead to disputes, confusion and expensive court battles over care. Without proper planning, adult children may end up shouldering the financial burden of their parent’s care and their children’s needs.

Some sandwich generation members face a situation where they care for their children, aging parents and grandparents. This “club sandwich” generation is responsible for four generations, which increases the pressure and makes planning even more critical.

Should You Start Planning?

It’s never too early to start planning. Waiting until a health crisis strikes can limit your options. Early planning gives you time to consider your loved one’s future care needs carefully and ensures that their wishes are followed. An elder law attorney can guide you through essential decisions before emergencies, helping you avoid unnecessary stress and financial strain.

Can an Elder Law Attorney Help You?

An elder law attorney can assist you in making decisions regarding your parents’ long-term care and financial well-being. They can create a customized plan that meets your family’s unique needs, ensuring that everything is in place before significant life changes occur. With the guidance of an attorney, you can focus on spending time with your loved ones instead of worrying about legal and financial details.

Secure Your Family’s Future with a Comprehensive Care Plan

Are you feeling overwhelmed by caring for both your parents and your children? Legal planning can help you regain control and bring peace of mind. Contact our elder law attorney today to request a consultation and start planning for your family’s future. Don’t wait until it’s too late—take the first step toward protecting the ones you love.

Key Takeaways:

Protect your parents’ wishes: Ensure that healthcare and financial decisions align with your loved ones’ preferences.
Avoid family conflict: Legal planning helps prevent disputes over caregiving responsibilities and financial matters.
Plan for health crises: Preparing in advance provides peace of mind and reduces stress during emergencies.
Secure legal authority: Powers of attorney and healthcare directives ensure that trusted individuals can act on your behalf.
Ease financial burdens: Careful planning helps manage care costs and prevents unexpected financial strain on your family.

Reference: The Guardian (Oct. 13, 2024) “Guilt, Worry, Resentment: How the ‘Club Sandwich’ Generation Juggles Caring for Parents, Children and Grandparents”

Wealth Protection Through Estate Planning

Without a well-prepared estate plan, wealth can be lost to taxes, administrative costs, or disputes among heirs, both in and out of court. With an up-to-date estate plan, changes to tax laws are proactively addressed and wealth can be protected and passed across generations. A recent article appearing in Medical Economics, “Estate planning is your first line of defense against wealth loss—Here’s what you should know,” explains how an estate plan creates a framework to minimize taxes, avoid the costs and complications of probate and ensures that your wishes for your estate are followed.

Documenting assets is one task that is done when creating an estate plan. When records are not clear, transferring assets can become complicated. A comprehensive record-keeping system can store documents like deeds, life insurance policies, asset inventories, family videos and photographs online.

Many financial records are already online through client portals by major financial companies. The key to incorporating these records into an estate plan is remembering where all the information is stored and being willing to share access information with a trusted family member or friend. The person you name as an executor of your will or a trustee for a trust is the most likely candidate to be provided with this information.

There are many steps to having a solid estate plan. However, there are also many missteps. Here are some of the most common pitfalls to avoid:

Failing to update an estate plan. All the documents in your estate plan, including a Will, Power of Attorney, Healthcare Proxy, HIPAA Release Form, Trusts, Advanced Directives and more, must be updated to comply with changing laws and changes in your life.

Making a careless decision about the executor or trustee can be disastrous. The eldest child does not have to be the one to be in charge of your estate. Neither does the person you love if their life is a trainwreck. The person to be named executor and/or trustee needs to be someone you know to be extremey

Wly responsible, reliable, good with money management and a solid moral compass.

Digital assets are often ignored when it comes to estate planning. However, this new asset class needs to be included. If you have email, you have a digital asset. You have digital assets if you have email, cryptocurrency, websites, social media content, online subscriptions and photos stored in the cloud. Suppose no plan is made to create an inventory of accounts and name a digital executor. In that case, your estate becomes vulnerable to identity theft, valuable cryptocurrency could be lost forever and there may be nothing your loved ones can do.

Most family fights have to do with unequal asset distribution after the death of a parent. A clear estate plan is one way to preclude confusion about what you want to happen after death. Talking about your estate plan while you’re still able to have these uncomfortable discussions is one way to help establish your wishes. You may want to create a Letter of Intent or make a video to express your reasons for making certain decisions. This may not be legally enforceable. However, it will serve to document your wishes.

Estate planning is not just about distributing assets after death. By establishing an estate plan, the family is better prepared to deal with the loss of a loved one and can focus on healing together instead of battling over their inheritance.

Reference: Medical Economics (Oct. 17, 2024) “Estate planning is your first line of defense against wealth loss—Here’s what you should know”

How Can a Will Be Changed?

A last will and testament is a legal document that distributes assets, including investments, real estate and personal property after death. Once a will has been signed and executed, it becomes the foundation for an estate plan. However, what happens if you want to make changes? This is the topic addressed in a recent article from smartasset.com, “What is a Codicil to a Will?”

A codicil is a legal document that changes an already completed and valid will. Some prefer to use a codicil rather than revise their entire will, usually for reasons of economy. The codicil allows the will’s creator to update specific provisions. A codicil can be used to change beneficiaries, assign a different person to be the estate executor, or even change the size of gifts made to heirs.

Codicils are like wills: they need to be signed and witnessed according to the laws of the state to be valid. People like the ability to make changes to their wills quickly and easily. However, sometimes, a codicil is not the right way to change a will.

The codicil performs best when changes being made to the will are minor in nature. They should be used to make small changes when the testator’s wish is to maintain the overall intent of the will. For instance, the birth of a new child and the addition of an heir could be reflected through a codicil.

An experienced estate planning attorney must create the codicil. Making a note on an original will with initials and a date is not a codicil. It’s a separate document, requiring a formal signature and the presence and signatures of witnesses. Most states don’t require a codicil to be notarized. However, you should check with your estate planning attorney to find out if this applies to your state.

Making a lot of changes to a will with multiple codicils may result in estate problems in the future. There are numerous instances where multiple changes, especially repetitive ones, like taking the same person off and then adding them back, are perceived as changing the intent of the testator (the person who made the will). This leaves the entire estate vulnerable to challenges.

Some typical reasons for using a codicil:

Changing beneficiaries
Replacing an executor
Revising asset distribution
Divorce, marriage, birth, death.
Making new bequests
Correcting prior errors or omissions

Before having your estate planning attorney create a codicil, there are a few steps to take. First, discuss the reason for the change and whether the entire will should be revised. A new will may be better if the change is not simple and straightforward. If the codicil is being done to disinherit a beneficiary, your estate planning attorney may have other suggestions. If you have created trusts, the changes to the will don’t carry over to your trusts. They may need to be modified as well.

Reference: smartasset.com (Oct. 23, 2024) “What is a Codicil to a Will?”

Millennials Need Estate Planning

One family jokes about their mother’s large blue binder, affectionately calling it “Mom’s Book of Life.” She has assembled physical copies of estate planning documents, including medical directives for next of kin, account information, passwords and a list of assets. Her adult children thought they were too young to deal with such matters, reports a recent article, “I’m Way Too Young For Estate Planning. Or Am I?” from The Wall Street Journal. On reflection, they realized they, too, needed an estate plan.

Someone as young as 18 could benefit from having an estate plan, and someone in their 30s definitely needs one. Once a young person becomes a legal adult, their parents no longer have any say in financial or health matters without properly prepared estate planning documents.

Everyone over 18 should have an advanced healthcare directive, sometimes called a healthcare proxy or healthcare power of attorney. This allows people of your choosing the ability to make decisions about your healthcare if you become incapacitated: too sick or severely injured and unable to communicate your wishes.

Adults of all ages also need a power of attorney. This document gives another person the legal authority to access and manage your finances in case of incapacity.

A will, also known as a last will and testament, is needed to direct how you want your assets to be distributed after death. Even if you don’t own a home or car, chances are you have some personal property and may want specific people to receive certain items. Creating a will and getting used to the concept of planning for the future is a good habit.

If you have an extensive online life, digital assets will also require some planning. An inventory of your digital assets, including email accounts, apps, social media, cryptocurrency, photos, videos, etc., should be created, so a digital executor can manage the accounts. Some platforms permit naming a legacy contact, while others require specific directions on what should be done with your content.

Student loans, 401(k)s from employers and other financial accounts should be inventoried. However, this information doesn’t go into the will. The will becomes a public document once submitted to the court for probate, so any specific account information should be kept in an inventory of assets and debts.

Creating an estate plan can open a conversation with older relatives and parents about their plans for end-of-life care, a difficult but important dialogue. Talking about their wishes before something happens will allow you or other relatives to know beforehand, rather than spending the rest of your life worrying about a decision made in an emergency situation.

Estate plans need to be changed as you go through your life. New partners or spouses may need to be added, or a deceased parent may need to be removed as an executor. Getting used to addressing these life matters is part of being a responsible and loving adult.

Reference: The Wall Street Journal (Oct. 18, 2024) “I’m Way Too Young For Estate Planning. Or Am I?”

Can an Invalid Will Be Challenged?

If you are looking for a reason to get your estate plan in order, the experience of a daughter faced with a long and expensive legal battle when an invalid will was filed should motivate you to contact an estate planning attorney today. This unsettling story, reported by KATU2, “Woman says invalid will drained her mom’s estate and exposed holes in OR probate process,” shows why wills need to be updated and shared with family members.

A woman’s mother died suddenly in her daughter’s apartment. A few months later, a will was filed and accepted by the probate court but not by the daughter. It took nearly five months for a judge to throw out the invalid will after it went into effect.

The will expressly disinherited the daughter, who was very close with her mother and knew her mother would never have disinherited her. Her attorney filed to contest the will in June 2023.

The witness and the notary on the will were identified and interviewed. Both said they never signed the documents. The witness and notary filed their statements with the court in July. A handwriting expert who testified that the two signatures had been forged was brought in.

The handwriting expert also determined the mother’s signature on the will was forged, finding it had been taken from a legitimate will created in 2018. Kristy was left a quarter of her mother’s estate in this will.

The judge set a court date for September. In the interim, thousands of dollars were charged fraudulently on the mother’s credit cards. Someone advertised and held an estate sale in August when generations of heirlooms were sold at a garage sale.

The court froze the entire estate in late August. The 2022 will was found invalid in early September, and the executor was removed. By this time, however, a lot of irreparable damage had been done.

The court validates a will during probate. However, something went wrong in this case. Having a will prepared with an estate planning attorney and discussing the process with the appropriate family members should take place. However, not every family takes these steps.

The court is not responsible for contacting the beneficiaries to ensure that they receive their inheritance, unless they file a will contest with the court. It is then up to the heirs to prove a will’s validity.

In this case, both the beneficiary of the invalid will and the attorney representing the executor of the invalid will have refused to speak with a KATU2 reporter. So far, no charges have been filed. The only sure thing is that the case is under investigation by the county sheriff.

Keeping a will current and maintaining open lines of communication between the family, the executor and the estate planning attorney helps to avoid this kind of situation.

Reference: KATU2 (Oct. 14, 2024) “Woman says invalid will drained her mom’s estate and exposed holes in OR probate process”

Estate Planning Blog Articles

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

What Is Probate?

Probate Across States

Can You Avoid Probate in Multiple States?

Should You Use a Revocable Living Trust?

Is a Transfer-On-Death Deed Good for Real Estate Inheritance?

Avoiding Probate with Co-Ownership

When You Should Seek Legal Help

Protect Your Property Across State Lines — Start an Estate Plan Today!

Key Takeaways:

What Challenges are Facing the Sandwich Generation?

How Does Legal Planning Help Manage Health and Financial Concerns?

What Happens without Elder Law Planning?

Should You Start Planning?

Can an Elder Law Attorney Help You?

Secure Your Family’s Future with a Comprehensive Care Plan

Key Takeaways:

Join Our eNewsletter

Recent Posts

Categories

Email/Social Media

Quick Links