Robert J. Green
How Often Should You Review Your Estate Planning Documents?
A question I regularly hear regarding all types of estate planning documents is “how often should this be updated?” The answer depends, of course, on the individual circumstances. However, there are some general guidelines that can be helpful. Two questions to think about regarding updating your legal documents include – have there been any major life events since the documents were last updated, and have you looked through the documents in the past 2 years?
Read MoreIs it Important to Avoid Probate When You Die?
When I first meet with clients they frequently tell me that they need to “avoid probate”. They less frequently know what probate is, or why they want to avoid it. To determine if you should be trying to avoid probate, you must first know a little about probate.
Read MoreHow to Avoid the Need for a Court Appointed Guardian or Conservator
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If you are an adult in Idaho and become unable to make your own decisions in life due to injury, illness, or some other form of incapacity, there are two basic ways in which another person becomes the stand-in decision maker for you. The first way is through the use of a previously written and signed Power of Attorney Document in which you will have stated who it is that should make your decisions for you if you cannot do so. That stand-in decision maker is called your “Agent” or your “Attorney in Fact.” However, if you have not previously completed valid Power of Attorney documents, a judge will need to appoint someone to become your decision maker through a court process known as Guardianship and Conservatorship. If a judge has to appoint your stand-in decision maker, that person will be called your “guardian” and/or “conservator.”
Read MoreWhat Happens if you Handwrite Your Own Will in Idaho?
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From time to time in my practice as an estate planning attorney I come across a Last Will and Testament (a “will”) that is handwritten. If my client is the person who wrote the handwritten will, he or she is usually meeting with me due to a decision to formalize the estate plan. However, I am always asked in that scenario: “was my old handwritten will valid?” The answer, as it so often is with legal matters, is that it depends.
Read MoreHow Wealthy Do You Need to be Before Setting Up an Estate Plan?
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One of the most common reasons that people believe that they do not need to prepare an estate plan is because they are not wealthy. However, for most adults, it is important to have a Last Will and Testament or a Living Trust (used to avoid probate), Financial and Health Care Powers of Attorney, and Advanced Directive documents, regardless of your net worth. Let’s look at just one of those important documents, a Last Will and Testament, to understand why it is important to have one.
Read MoreWhere Should You Keep Your Important Legal Documents?
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So you have done the responsible thing by getting all of your estate planning documents in order and now you have to put them somewhere. So, where should that be? And, what should you do with those documents if you are traveling for an extended period of time? Let’s take a look.
Read MoreThe Difference Between a Power of Attorney Document and a Last Will & Testament
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I’m often asked if a person needs a Power of Attorney document if that person already has a Last Will and Testament (“Will”). It is a good question. The simple answer for almost everyone is yes – you should have both a Will and a Power of Attorney document. Let’s look at what purpose each serve and why both are necessary.
Read MoreOrgan Donation Should be Addressed in Your Estate Plan
As I read an article about a local family’s experience with organ donation on the front page of last Sunday’s newspaper, my mind went immediately to the many conversations I have had with my clients about this topic. There are several things I think we should all understand about how Idaho law addresses the issue of organ donation and how we can use our estate planning documents to help make sure our wishes on this topic are followed.
Read MoreEstate Planning Can Help Seniors Remain Independent
No one wants to be a burden on his or her friends and family. And no one wants to lose his or her independence. Yet, so many of my clients express deep concern about both. Seniors want to ensure that their families are not disrupted when the complications of life occur. Be it a fall and injury, the onset of dementia, an unexpected chronic illness, or just loss of energy and slowing down – seniors do not want their problems to effect those around them. Many of the seniors I work with have spent the bulk of their lives caring for others. They are rarely ready to be cared for themselves. My clients are often very realistic about the possibility that they need help with certain things or may even have to move out of their home at some point to receive adequate care. However, they also want and deserve to have the most important voice in those decisions.
Read MoreWhich do You Need -A Last Will & Testament or a Revocable Living Trust? The Answer Might be Both.
For those who want to avoid the court-controlled process that takes place after a person’s death (known as “probate”) – using a Revocable Living Trust is typically the best way to do so. This document allows a married couple or a single individual to direct what shall happen to their assets and possessions. It will also indicate who will be in charge of carrying out those instructions, without the need for the involvement of a probate court judge.
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