By Matthew P. Stucki A couple of concepts that are often confusing for many clients deal with: 1) the difference between separate property and community property, and 2) how separate property of an individual is distributed upon his or her death if he or she does not have a Last…
Articles Posted in Estate Planning
Top 5 Estate Planning Myths
By Lane V. Erickson, Attorney In my practice as an estate planning attorney, I often have clients who want to talk about what they think they know about estate planning. It usually starts with a statement/question like the following: “It’s true isn’t it that . . .” The client then…
The Differences Between Estate Planning and Intestacy
By Lane V. Erickson, Attorney I meet with clients almost every day to discuss their estate planning. When I do this I discuss the differences between estate planning and intestacy. Most of my clients are surprised to hear a default estate plan exists for everyone. It is only when a…
The 4 Biggest Estate Planning Mistakes Made by Everyday People
By Lane V. Erickson, Attorney In the many years that I’ve worked as an estate planning attorney, I have met a variety of people. I find that most people are generally interested in getting their estate planning done, but don’t know how to get started. I’ve also found that completing…
Estate Planning and Minor Children
By Lane V. Erickson, Attorney For parents with minor children, setting up a basic Estate Plan is the single most important thing you can do. Completing an estate plan allows parents to make sure their child or children will be cared and provided for. Here are the 2 most important…
Can I use a DIY Estate Planning Kit Online?
By Lane V. Erickson, Attorney The internet has become an integral part of our everyday lives. In fact, it’s hard to imagine a time before emails, YouTube, Facebook, tweeting, Instagram, Amazon and so on. However, not everything having to do with the internet is great. Additionally, not all the information…
The Importance of Having a Living Will
By Lane V. Erickson, Attorney Although I’ve been an attorney for many years now, the first time I really came to understand the importance of having a valid Living Will was not through work. Rather, it occurred many years ago when a friend suffered a serious heart attack. The paramedics…
Death Without a Last Will and Testament
By Matthew P. Stucki When people in the community discover that I am an attorney that practices in the area of estate planning, one of the first questions that they ask is what happens upon my death if I do not have a Last Will and Testament. In response, I…
Executing a Valid Will – Part 4 Proper Execution
By Matthew P. Stucki This is the fourth of four posts discussing the execution of a valid Last Will and Testament. The first three steps in executing a valid Last Will and Testament include testamentary intent, testamentary capacity, and voluntary creation of the Last Will and Testament free from fraud,…
The 4 Disadvantages of Probate
By Lane V. Erickson, Attorney Probate is an essential part of the process where property is passed through a court process from a person who dies to those individuals he has chosen or who the law prescribes are entitled to receive it. The probate process is used whenever title to…