Divorce, Part 2 of 7: Divorce Guts Your Will or Trust

If you’re like most married people, your spouse was the key to your estate plan.  You nominated your spouse to be your personal representative (the person who carries out your Will with the court).  You also left everything (or almost everything) to your spouse. In Oregon or Washington, your divorce automatically invalidates the provisions in […]

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Divorce, Part 1 of 7: Revamping an Estate Plan

This blog post is the first of a seven-part series regarding the estate planning implications of divorce for individuals who are going through a divorce or have completed the process.  This post serves as a road map for future posts. Divorce is an earth-shattering experience.  It is one of the most difficult legal experiences you’ll […]

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Explain Yourself!

When I talk to a client about an estate plan, I find myself often using the phrase “express your wishes.” An estate plan is not just about saying who gets what assets.  It’s also about saying how the transfer should be accomplished and what the assets should be used for.  Similarly, creating documents that say […]

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Planning for Child Custody in Time of Emergency – Keeping the Children Out of Foster Care

Yesterday’s Oregonian detailed the latest in what seem to be an unending series of abuses of children in foster care under the supervision of Oregon’s Department of Human Services (http://www.oregonlive.com/pacific-northwest-news/index.ssf/2013/06/salem_foster_parent_who_abused.html). What happens when a parent is in a coma after a car accident or medical emergency?  What if a spouse is out of town or […]

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Thoughts to Live By

Estate planning is important.  Sure, it may be a key part of your plan to minimize estate taxes or to make sure that nephew Billy gets your baseball card collection.  But it may be much more important to express your values:  to support nephew Billy’s hard-working entrepreneurial spirit, to help a local hospital provide better […]

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Organize Your Affairs With a Professional Organizer

My clients often are excited that they have organized their affairs and simplified things for their kids. I hope that consideration carries over to their homes. Every estate planning attorney has experienced difficult situations in which a personal representative (usually the decedent’s kid) has got to deal with a house that is overflowing with STUFF. […]

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Estate Planning Is Essential for Parents

An estate plan is especially important for parents. They can nominate guardians and set up testamentary trusts for their kids, to provide guidance for distribution of assets so that the funds are not distributed in their entirety when a child turns 18. I also create a Durable Power of Attorney for Childcare: a detailed, legal […]

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Health Care Planning: Making Your Wishes Known for Your Family

What greater burden could one place on one’s family than asking them to make a life or death decision with no information? Health care planning is an opportunity to give your family the gift of certainty in an uncertain time. By showing that you made considered choices, you can ensure that your family comes together […]

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Post-Death Status Updates?

I am constantly impressed by the new tools that technology provides.  Social media gives us an especially effective way to convey our affection for our loved ones or our congratulations for reaching a milestone.  Some of the tools discussed in this article take “reach out and touch someone” to a new level. http://www.cnn.com/2013/02/22/tech/social-media/death-and-social-media/index.html?hpt=hp_c2

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An Increasingly Important Issue: Filial Responsibility

Children are not generally liable for their parents’ debts, but that may be changing as care costs rise and state and federal government budgets are cut back.  So far, there is no talk of a “filial responsibility” statute in Oregon, but it’s scary to consider.  The article below may be a good excuse for you […]

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