Three Key Suggestions to Avoid Disputes in your Estate Planning Process

By Doug Sisson, W M Law Paralegal

Your beneficiaries’ fondness of one another may be out of your control, in life or death. With that in mind, the following tips and considerations will help you avoid future litigation, or at least minimize it to avoid that steep attorney bill many fail to account for:  “The afternoon knows what the morning never suspected.” – Robert Frost

  1. Plan when you are healthy 

When you fall ill, all of you mental and physical resources should be devoted to getting better, not drafting an estate plan.  One should devise an estate plan and ponder their family dynamics while you are well and of sound mind.  If you wait until you fall ill to draft your plan, it may be poorly drafted, or may not be completed at all.  Devising a plan while you are well also relieving the burden from family members who may be left guessing your final wishes or medical decisions.

  1. Seek quality independent legal advice free from undue influence

Online resources (such as this blog) can aid in a rough idea of what you will need, but not much more than that.  DIY estate plans can also create a huge liability as they […]

By | March 14th, 2018|0 Comments

How to Use Estate Planning to Avoid a Guardianship Proceeding when an Elderly Parent is Involved

By Jeff Wagoner, W M Law President
Recently I had a potential client contact me about getting a guardianship for her mother whose mental state was beginning to deteriorate.  The daughter was concerned that her mother’s failing mental health would lead her to forget to pay the mortgage loan on her house or to pay the insurance or make other financial mistakes.  So, the daughter thought the best option was to obtain a guardianship over her mother.  But, a guardianship is a pretty drastic measure.  It involves a hearing to convince a judge that the guardianship is necessary.  It also requires annual reporting.  Sometimes a bond is required.  So, how can we avoid that?
In this case, the daughter was worried also because the mother was getting belligerent and uncooperative with her.  I recommended that while her mother is still mentally competent (so it needed to be done right away) that we should do a an estate plan, which includes a Financial Power of Attorney and a Healthcare Power of Attorney.  With these two documents, the daughter could accomplish nearly everything that a guardianship order would allow her to do.  With regard to the mother’s becoming belligerent, it is true that a […]

By | March 1st, 2018|0 Comments