Estate Administration

Digital Assets: Estate Planning for Online Accounts Becoming Essential (Part II)

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Today, we’ll continue our discussion on digital assets (see part I here) by reviewing the current state of the law, including the enforceability of the “Terms of Service” we all click on before opening an online account. Categories of Property First, let’s discuss the broad ways that the law defines different kinds of property before…

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Digital Assets: Estate Planning for Online Accounts Becoming Essential (Part I)

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If you are the only person who has access to your online accounts, then what happens when you die?  When you open an account online, you usually have to first accept the company’s “Terms of Service” on a take it or leave it basis.  These terms usually provide that the company will maintain some level…

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Estate Planning Movie Review: Harry Potter and the Deathly Hallows, Part I

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As we all know, many films do not take the time to peruse the estate planning effects caused by its characters and events.  I found that “Harry Potter and the Deathly Hallows, Part I”, released Friday, was a fine exception.  In fact, it was the earliest that a film introduced estate planning topics since “Death…

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Last-Minute Estate Planning Can Lead to Chaos

Who Should Care for X

I had the misfortune of hearing a dreadful story over the weekend.  It is a fine example of how emotions can run quite high in the weeks leading to death if no estate plan is established, and how the survivors are left to solve complex issues that will have an impact for generations.  Read more...

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Quaids and Star Whackers Need a Refresher Course

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Attorney-extraordinaire Jason Miller, a regular reader of this blog, alerted me to this ongoing saga about Randy Quaid and his wife Evi. To summarize, the Quaids believe that they are being pursued by a Hollywood cult called the “Star Whackers”. During their “escape”, the Quaids trashed their former home, skipped out on some large hotel…

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Talking to Hear My Own Voicemail

Today’s post goes into significant detail my phone service.  However, please bear with me until the final paragraphs, as there is an actual estate planning point. My home used to have an easy phone set up – one phone line (hereinafter “Line 1”), one fax line (hereinafter “Line 2”), and two “distinctive ring” lines for…

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Removal of the Personal Representative

Going through probate is especially difficult.  If you are a beneficiary, you were likely quite close with the deceased, and would prefer to have the whole process be over with.  But what if you are having problems with the executor, trustee or personal representative (hereinafter “PR”)?  Can you get rid of the PR?  How?  The…

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Choosing Your Personal Representative

One of the most important tasks in preparing your estate is choosing who will fulfill the responsibilities of carrying out the closure of your assets and liabilities.  Once appointed, your personal representative (or “agent”) will have the fiduciary duty to act in your estate’s best interests.  Violation of this or other duties could result in…

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