Gertrude Stein died in 1946, just three days after writing her Will. No one imagined that 21 years later, her life partner, Alice Toklas, would die impoverished, half-blind, and half-deaf. During the later years of her life, Alice relied upon the goodwill and solicitations of friends to keep a roof over her head. What went wrong with Alice’s Will that resulted in the of her life dying in poverty?
Is it worth creating an Advanced Health Care Directive if a hospital issues a blanket “do-not-resuscitate” order?
In March of 2020, at the height of the COVID-19 Pandemic in NJ, it was been reported in several newspapers that there are whispers and some outright discussions about hospitals and states issuing blanket “do not resuscitate” orders for patients having coronavirus. Can hospital override the medical wishes outlined in your living will? If so, how? If not, how can you protect yourself?
Handwritten Wills can be admitted to probate and administered just like any other written will. However, there are some critical differences in how a person is appointed as the personal representative for an estate where there is a handwritten will.
It’s not uncommon for a person to want to change a decedent’s Last Will and Testament. The most common reason is, “Well, that’s not really what they wanted,” or “That’s not what they meant.” Those reasons are not enough to change a will after a person has died, which is why it is essential to get the Will right when it’s being created. Short answer? No, you can’t change a person’s will after they die. Long answer? It depends. (Hey, we’re attorneys, this is the default answer.)
What happens if you want to take a parent-child vacation without the other parent. You know, just a girls’ (or boys’) getaway weekend to the Caribbean? You and your child are so excited about the sun, sand, beaches, and dolphin excursions. You’re all packed and ready to go. Your partner drops you off at the airport, kisses you and your child goodbye, wishes you a “bon voyage,” and drives away.
Did you know that Khloe Kardashian named a legal guardian for her daughter True before True was even born? Khloe said that she had observed Kim’s parenting style, and she thought that Kim and Khloe had more similar parenting styles than Khloe and Kourtney did. During the post-episode interview, Kourtney said that Khloe would be changing her guardian nomination back to Kourtney in the future.
Khloe did the right thing when choosing a guardian. She forgot about family ties. She forgot about making people happy. Khloe focused on what is essential – keeping her daughter safe. She focused on having her daughter raised in a loving household. Moreover, she focused on a person who has a similar parenting style
When a person passes away, someone has to step up and take care of everything that the person left behind. The person who died is called the “decedent.” The person who steps up is called the personal representative. Everything that is left behind is called the estate.
The personal representative might be an executor who is nominated in the decedent’s will, or they might be an administrator who is allowed to apply under the statutes.
The person who wants to step up as the personal representative completes the application in the local County Surrogate’s office. If everything is in order, the representative will take an oath and be sworn in and designated to act on behalf of the decedent.
At the time of his death, Freddie Mercury’s net worth is estimated to have been about $30 million, which today would be worth approximately $50 to $60 million. His assets included real estate, art, royalties, catalog rights and more. Since then, his state has grown to an estimated net worth of around $100 million. We know what was his in estate because Freddie Mercury left behind a Last Will and Testament.
As estate planning attorneys, we are often asked whether we can obtain another person’s last will and testament. This is not an uncommon request and often it’s a child or other beneficiary seeking to discover whether they have an inheritance that will be coming down the road to them.
As a first note, if you’re asking about the last will and testament of someone who is still alive then you should probably be talking to that person and not talking to an attorney. You should go and spend time with that person while they’re still with you, because once they’re gone, they’re gone
Your Last Will and Testament is an expression of your wishes in regards to your possessions and real property after you die. But what happens if you change your mind about something or if you want to change something in your last will and testament?