One of the most common—and dangerous—phrases in Estate Planning is “that would never happen.” This article explores how assumptions about family dynamics, relationships, and behavior often lead to unintended conflict, litigation, and failed plans. By examining where these assumptions break down, both attorneys and families can build Estate Plans designed to withstand real-world challenges.
Selecting a trustee is one of the most important—and most misunderstood—decisions in Estate Planning. While many individuals focus on who will receive their assets and how those assets will be distributed, far fewer consider the impact the Trustee will have on the management and distribution of those assets. This article explores why trustee selection matters, common pitfalls that lead to conflict and litigation, and how thoughtful planning can help preserve both family harmony and a lasting legacy.
Providing for a loved one with a disability requires careful planning if they rely on need-based government benefits like Medicaid and/or Supplemental Security Income (SSI). While leaving a direct inheritance might seem like the right thing to do, it can inadvertently put their benefits at risk. A well-structured special needs trust offers a solution, allowing … Read more