All Wills Are Not Created Equal(ly)

Estate Planning, Wills

It has now been several years since we lost the “Queen of Soul,” Aretha Franklin. You may recall that a very public fight occurred over her estate. Ms. Franklin left a Will created in 2010. However, her family later discovered a 2014 handwritten document stuffed in...

Your Best Intentions Will Not Be Enough

Estate Planning, Wills

I recall a few years ago when a client passed away. His assets were not insignificant. His passing was sudden, and left serious issues affecting his family and his estate.His health had begun to deteriorate, but he thought there was still time. Nevertheless, he was...

Divorce and Your (or Your Child’s) Estate Plan

Deeds, Real Estate, Wills

Last column I addressed what would happen if your Will leaves everything to your spouse, but you later divorce and do not change the Will. Idaho law prohibits an ex-spouse from receiving assets just because he or she was named in a Will created prior to the divorce....

I Didn’t Take My Ex-Spouse Out of The Will

Estate Planning

Although never planned, divorce is a complication of life that affects many.  What happens if your Will leaves everything to your now ex-spouse because you never changed the Will after a divorce?  When you pass away, will your ex-spouse still get your...

 Don’t Deed Your Home to the Kids (Yet).

Estate Planning, Probate

People sometimes deed their property to their children while still alive in order to make sure the home goes to the kids after the parent has passed.  However, this shortcut often comes with significant unanticipated risks/costs. When a homeowner dies, the home...

 Will This Cost You The Home?

Estate Planning

In my last post, I gave the example of a man with children from a prior relationship who purchased a home with his girlfriend.  When he dies, who will receive his share of the home? Since they are not married, the house is not community property.  This means there is...