Still Married? Cannot Disinherit the Spouse

Michael and David are a same sex couple who live in the same house, owned by Michael. Michael prepares a will leaving everything he owns to David. Michael is still married to Evelyn who lives in Iowa with their minor child. For various reasons, they never divorced and don’t necessarily intend to do so.

Is Your Personal Representative Qualified?

When someone dies the Last Will & Testament becomes the controlling instrument. Typically, your Last Will & Testament will nominate a personal representative responsible for the administration of your estate including accounting for all of your assets, paying your creditors and distributing your estate to your named beneficiaries.

Is it good to be “Traditional?”

Let’s say there is a “traditional” scenario where the husband, Jim, works outside of the home and his wife, Annie, takes care of the children and the home. In this “traditional” scenario, Jim feels it is his responsibility to provide for his family and, as part of that, to take care of all the finances.

A Good Deed Gone Wrong

Bob and Suzy get divorced. Suzy has an adult child, Annie, from a prior relationship. As part of the marital settlement agreement, Bob is supposed to sign a deed conveying his interest in their homestead to Suzy. Suzy is supposed to get a new home loan in her individual name.

Probate v. Non-Probate Assets

When preparing an estate plan, it’s important to understand the difference between probate and non-probate assets. Probate is probably one of the most misunderstood areas in estate planning. People often say, “How can I avoid probate?” However, most people do not know what probate is. Probate is a court administered process that determines how your probate property will be distributed after you die.