There are many complex legal requirements associated with being a trustee or administering an estate. We help our clients create an estate plan where they can handle the affairs of an estate without major challenges.

Adulting 101: How to Choose the Right Decision-Makers for Your Life

Becoming an adult is exciting, with newfound freedoms and responsibilities. But with that freedom comes the need to plan for situations where you may not be able to make your own decisions. From naming a medical power of attorney to choosing someone to manage your finances, choosing the right decision-makers for you and your life is a critical step in protecting your future.

Who Will Make Your Medical Decisions?

Medical decisions are among the most personal choices you’ll make. If you’re ever unable to make these decisions yourself—such as being under anesthesia or incapacitated—you’ll need someone you trust to step in.

A medical power of attorney lets you legally appoint an agent (sometimes called a patient advocate) to make medical decisions on your behalf. In addition, consider these tools for a more comprehensive plan:

  • Advance Directive or Living Will: Outlines your wishes for end-of-life care, such as life support in cases of terminal illness or a vegetative state.
  • HIPAA Authorization: Allows trusted individuals to access your medical information, ensuring they can communicate with healthcare providers about your condition.

Tips for Choosing a Medical Decision-Maker

  • Trust Is Key: Pick someone who understands your wishes and will honor them, even in emotionally charged situations.
  • Name Backups: Ensure there are alternate agents in case your first choice is unavailable.
  • Proximity Matters: Medical emergencies require quick responses, so choose someone who can act promptly.

Who Will Handle Your Finances?

As an adult, you’re responsible for your finances—from paying bills to managing accounts. But what happens if you’re temporarily unable to handle these tasks, whether due to travel, illness, or an accident?

A financial power of attorney allows you to name an agent to manage your financial and legal affairs if you can’t. Depending on your preferences, this power can be:

  • Limited: Authorizing your agent to act only on specific matters, like paying rent or managing a single account.
  • General: Granting broad authority over your financial affairs.

Important Considerations for Financial Agents

  • Durability: Ensure the financial power of attorney is durable so your agent can continue acting on your behalf if you become incapacitated.
  • Trustworthiness: Your agent may handle money and sign legal documents for you, so choose someone reliable and responsible.
  • Availability: While proximity is less important here, ensure your agent has the time and resources to carry out their responsibilities.

Why This Matters

Adulting isn’t just about independence—it’s about being prepared for the unexpected. Choosing the right decision-makers for you and your medical and financial matters ensures that someone you trust is ready to act in your best interests. Without these legal designations, your loved ones may face delays, legal hurdles, or even court intervention to step in on your behalf.

Let Us Help Protect Your Future

Taking the first step into adulthood is empowering, but it comes with important decisions that will shape your future. At Williams Starbuck, we specialize in helping young adults create estate plans tailored to their unique needs, so you can focus on living your life while knowing you’re protected.

Schedule a consultation today, and let’s craft a plan that gives you peace of mind for whatever life throws your way.

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What Are the 3 Most Effective Ways to Contest a Nevada Will Within the 120-Day Deadline?

Facing Will Disputes? A Probate Litigation Lawyer in Las Vegas Can Help

When dealing with the emotional challenge of contesting a will in Nevada, time is of the essence. The 120-day deadline to contest a will starts ticking from the date of the will’s admission to probate. As a Las Vegas estate dispute lawyer would tell you, understanding your rights and acting swiftly is crucial. Located just off Charleston Boulevard in the heart of Las Vegas, legal professionals are ready to guide you through this challenging process.

Tip: Mark your calendar with the exact deadline date as soon as you receive notice of probate.

When it comes to contesting a will in Nevada, time waits for no one. Ensure your rights are protected and your case is handled with care by reaching out to Williams Starbuck. Don’t hesitate to contact us or give us a call at 702-320-7755 today.

Understanding Your Legal Rights in Nevada Will Contests

A Las Vegas probate lawsuit begins with establishing legal standing to contest the will. You must be an interested party – typically an heir, beneficiary, or someone who would inherit under a previous will. The 2024 Nevada Probate Court statistics show that 67% of will contests involve questions about the testator’s mental capacity.

  • Undue Influence

  • Lack of Testamentary Capacity

  • Improper Will Execution

Tip: Gather all relevant documentation, including previous versions of the will, medical records, and witness statements.

The Three Most Effective Ways to Contest a Nevada Will

The three most effective ways to contest a Nevada will:

1. Prove Lack of Testamentary Capacity

  • Gather medical records showing mental state

  • Obtain witness statements about behavior

  • Document irregular financial transactions

2. Demonstrate Undue Influence

  • Track suspicious relationship changes

  • Document isolation from family

  • Collect evidence of dependency

3. Challenge Technical Validity

  • Review witness requirements

  • Check signature authenticity

  • Verify proper notarization

Recent data shows that will contests filed within the first 60 days have a 45% higher success rate.

Strategic Approaches with a Will Contest Attorney

A Nevada probate litigation attorney can help implement these strategies effectively:

  • Immediate Evidence Preservation

  • Witness Interview Coordination

  • Expert Testimony Arrangement

The Las Vegas inheritance laws require strict adherence to procedural rules. Working with a probate dispute lawyer ensures your contest meets all legal requirements.

Tip: Keep a detailed timeline of all communications and events related to the will.

Critical Timing Considerations in Will Contests

Las Vegas estate attorneys emphasize that the 120-day deadline is absolute. Missing this deadline typically bars you from permanently contesting the will. The estate law firm handling your case needs sufficient time to:

  • Review case details

  • Gather evidence

  • File proper documentation

  • Schedule necessary hearings

Tip: Start the process at least 60 days before the deadline to ensure thorough preparation.

Building a Strong Foundation for Your Will Contest

The first 30 days are crucial in developing your case. A Las Vegas will contest attorney will focus on:

  • Document Collection

  • Witness Identification

  • Legal Strategy Development

  • Filing Preparation

Tip: Create a dedicated file for all will-related documents and correspondence.

Evidence Gathering Techniques

Successful will contests require substantial evidence. Key areas to focus on include:

  • Medical Records Analysis

  • Financial Transaction Review

  • Witness Statement Collection

  • Expert Opinion Procurement

Tip: Maintain a chronological log of all gathered evidence.

Maximizing Your Chances of Success

To strengthen your case:

  • Document all unusual circumstances

  • Preserve electronic communications

  • Maintain detailed records

  • Follow attorney guidance closely

Tip: Keep copies of all documents in multiple secure locations.

Understanding Settlement Options

Many will contests resolve through settlement. Consider:

  • Mediation possibilities

  • Negotiation strategies

  • Compromise solutions

  • Alternative resolutions

Tip: Be open to reasonable settlement offers while protecting your rights.

Cost and Time Management

Plan for the financial and temporal aspects of your will contest:

  • Legal fee considerations

  • Timeline expectations

  • Resource allocation

  • Documentation expenses

Tip: Discuss fee structures and potential costs upfront with your attorney.

Frequently Asked Questions

1. What is the 120-day deadline for contesting a will in Nevada?

The 120-day period begins from the date the will is admitted to probate. Under Nevada law, this is an absolute deadline, and missing it typically prevents any future contest.

2. How can I provea  lack of testamentary capacity in Nevada?

You’ll need medical records, witness testimonies, and evidence showing the testator didn’t understand their actions when creating the will.

3. What constitutes undue influence in Nevada will contests?

Undue influence involves showing that someone exerted excessive pressure or manipulation on the testator, resulting in provisions they wouldn’t have otherwise included.

4. Can I contest a will without a lawyer in Nevada?

While possible, it’s not recommended due to complex legal requirements and strict deadlines. Professional legal representation significantly increases success chances.

5. What happens if new evidence is discovered after the 120-day deadline?

Generally, new evidence discovered after the deadline won’t extend the contest period. This emphasizes the importance of a thorough initial investigation.

Work with a Qualified Estate Law Professional

Don’t face this challenging process alone. A qualified probate litigation lawyer in Las Vegas can help protect your rights and navigate the complex will contest process. Time is critical, and proper legal guidance can make the difference between success and failure in your will contest case.

Time is of the essence when contesting a will in Nevada, and Williams Starbuck is here to ensure your rights are safeguarded. Don’t let the clock run out on your opportunity; reach out to us today by calling 702-320-7755 or contact us to get started.

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Wills vs Trusts: Understanding Your Options Before It’s Too Late

When it comes to estate planning, many people know it’s important but still delay starting the process. Often, this hesitation stems from confusion about estate planning options like wills and trusts—or the belief that there’s always more time.

The truth is, having a plan in place protects your loved ones and ensures your wishes are honored. Whether you choose a will, a trust, or both, understanding the differences between these tools is the first step toward creating a comprehensive estate plan. Let’s take a look at some scenarios to better understand how each option works.

Scenario 1: Passing Away Intestate

Dying intestate means you pass away without a will or trust. In this case, the court steps in to determine what happens to your accounts and property. This process, called probate, can be time-consuming, costly, and public.

What Happens in Probate:

  • Court-Controlled Decisions: State law determines who inherits your assets, typically prioritizing a surviving spouse, children, or other close relatives.
  • No Protections for Heirs: Adult children inherit their share immediately. For minors, a court-appointed guardian manages their inheritance until they come of age—often with no safeguards against squandering or creditors.
  • Public Disclosure: Probate records are public, meaning anyone can access details about your assets, debts, and beneficiaries.
Bottom Line: Without an estate plan, state laws and the court decide how to distribute your assets, who manages your children’s inheritance, and even who raises them if they’re minors. This may not align with your wishes.


Scenario 2: Dying with a Will

A will provides clear instructions about how you want your assets distributed and who you want to manage your affairs. However, assets governed by a will still go through the probate process.

Benefits of Having a Will:

  • Control Over Asset Distribution: A will allows you to name specific beneficiaries and dictate how and when they receive their inheritance. For instance, you can set up a testamentary trust to provide financial oversight for your children until they reach a certain age.
  • Guardianship Nominations: A will lets you nominate guardians for your minor children, ensuring the court considers your wishes when making a decision.
Bottom Line: While a will gives you more control than dying intestate, it doesn’t avoid the probate process, which remains public and subject to court oversight.

Scenario 3: Creating a Trust

A revocable living trust offers the most flexibility and privacy in estate planning. Unlike a will, assets owned by a trust bypass probate entirely, allowing for a smoother transition of property.

Key Advantages of a Trust:

  • Avoids Probate: Assets owned by the trust are not subject to probate, keeping your financial matters private.
  • Greater Control: A trust lets you set detailed terms for how assets are managed and distributed. For example, you can ensure your children receive their inheritance gradually, protecting it from mismanagement or creditors.
  • Successor Trustees: You appoint a successor trustee to manage the trust if you become incapacitated or pass away, ensuring continuity without court intervention.

A Word of Caution:

For a trust to work properly, it must be funded. This means retitling assets in the trust’s name or naming the trust as a beneficiary where applicable. Any assets not included in the trust may still go through probate.

Bottom Line: A trust provides privacy, flexibility, and control over your assets while avoiding the delays and costs of probate. However, proper setup and funding are crucial for it to work as intended.

Why Choose a Will or Trust?

Every family’s situation is unique, which is why understanding the differences between wills and trusts is so important. A will provides a clear roadmap for how your assets are distributed and ensures your children are cared for, while a trust offers added privacy, control, and flexibility.

No matter which option you choose, having a plan in place helps your loved ones avoid unnecessary stress, delays, and costs during an already difficult time. By tailoring your estate plan to fit your needs, you can protect your family’s future and ensure your wishes are honored.

Ready to Take the Next Step?

At Williams Starbuck, we take the guesswork out of estate planning options. Whether you need a will, a trust, or a comprehensive plan that includes both, our team will guide you every step of the way.

Don’t wait until it’s too late—contact us today to start creating an estate plan that works for you and your loved ones.

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How to Stop Mail for a Deceased Loved One: 4 Simple Steps

When a loved one passes away, managing their affairs can be overwhelming, and stopping mail addressed to a deceased loved one is one of the many unexpected tasks you may face. Handling a deceased person’s mail is a critical step in closing their estate. From ensuring bills and important notices are received to stopping unwanted junk mail, following the right process makes this responsibility more manageable and efficient. Ready to take the first step?

Here’s how to manage mail for a deceased loved one in four straightforward steps.

  1. Notify the Post Office

The first step is to contact the deceased’s local post office and set up mail forwarding to your address. As the person responsible for handling their estate, you’ll need to monitor their mail to ensure you receive important documents like bills, bank statements, or refunds.

To notify the post office:

  • Visit your local post office in person.
  • Provide proof of your authority, such as a probate order or trustee certification (a death certificate alone is insufficient).
  • Complete a change-of-address request on behalf of the deceased.

Mail forwarding is usually valid for up to one year, so it’s a helpful way to stay on top of necessary tasks while avoiding delays.

2. Reduce Junk Mail

Dealing with catalogs, advertisements, and other unsolicited mail can feel like a waste of time. Luckily, there’s an easy way to stop junk mail from arriving. Register your loved one on the Deceased Do Not Contact (DDNC) list through DMAchoice.org.

Here’s how:

  • Visit the DDNC registration page.
  • Enter the deceased’s information.
  • Pay the $1 authentication fee.

This simple step can significantly reduce unwanted mail within three months, making your job a little easier.

3. Cancel Subscriptions and Notify Charities

If your loved one subscribed to magazines, services, or donated to charities, those organizations may continue to send mail unless notified. To stop these:

  • Contact the company directly and inform them of your loved one’s passing.
  • Provide documentation if requested.

Some organizations may even issue refunds for unused subscriptions, which can be returned to the estate. Taking this extra step ensures their affairs are tidied up and simplifies your workload.

4. Use “Return to Sender”

For any remaining mail that doesn’t require your attention:

  • Write “Deceased, Return to Sender” on the envelope.
  • Place it back in your mailbox for pickup.

This notifies senders that the recipient is no longer available and can prevent further correspondence.

Why This Matters for Estate Planning

Managing mail may seem like a minor detail, but it’s an important part of wrapping up a loved one’s affairs. As the executor or trustee, staying organized helps you fulfill your responsibilities efficiently and avoid complications down the road.

It’s also crucial to handle mail legally. Opening or reading someone else’s mail is a federal offense unless you are their legal representative. If you’re unsure how to handle specific correspondence, consult your local post office for guidance.

Planning ahead can make this process easier for your own loved ones. Thoughtful estate planning—including selecting decision-makers, creating wills or trusts, and organizing financial information—provides your family with a clear path during difficult times.

Let Us Help

At Williams Starbuck, we understand that managing a loved one’s estate is more than just a legal responsibility—it’s a way to honor their legacy. Our team specializes in guiding families through every step of estate administration, from practical tasks like mail management to complex legal considerations.

Ready to plan for your family’s future or need help with a loved one’s estate? Contact us today. We’re here to make the process easier, so you can focus on what matters most. 

Estate Planning After Marriage: How Marital Estate Rights and Divorce Impact Your Future

Estate planning after marriage is essential for safeguarding your financial future and ensuring that your wishes are honored. Major life events like marriage and divorce can significantly influence your estate plan, often in ways you might not anticipate. Whether you’re newly married or navigating a divorce, understanding how marital estate rights impact your estate plan is crucial to protecting your assets and loved ones.

Life After “I Do”: How Marriage Changes Estate Planning

  1. Spousal Inheritance Rights
    • In many jurisdictions, even if your will omits your spouse, they may still be entitled to a portion of your estate under laws like elective share or community property rules.
    • To ensure your wishes are honored, review and revise your will to include your spouse explicitly or make other legal provisions.
  2. Jointly Owned Assets
    • Assets held in joint tenancy with your spouse pass directly to them upon your death, bypassing probate.
    • This arrangement is convenient but may need adjustment depending on your broader estate planning goals.
  3. Beneficiary Designations
    • Marriage often means updating beneficiaries for life insurance policies, retirement accounts, and investment portfolios to include your spouse.
    • Ensure these align with the rest of your estate plan to avoid conflicts.

Divorce: Rebuilding Your Estate Plan After Marriage

  1. Revoking Beneficiary Designations
    • After divorce, many people forget to update beneficiary designations on retirement accounts, insurance policies, and investment accounts.
    • In most states, divorce automatically revokes these designations, but it’s safer to update them manually to ensure your wishes are clear.
  2. Updating Your Will and Trust
    • Review your will to remove or adjust provisions for your ex-spouse. If your ex is a trustee, executor, or guardian in your plan, consider appointing someone else.
    • If you have a trust, check whether any terms grant your ex-spouse access to assets and revise as needed.
  3. Property Settlements and Estate Division
    • The division of marital assets during divorce can affect your estate plan. For example, selling the marital home may require changes to your planned inheritance for beneficiaries.
    • Consult an estate planning attorney to align your plan with the new financial reality.
  4. Guardianship of Minor Children
    • If you have minor children, divorce might influence decisions about their guardianship in the event of your passing.
    • Coordinate plans for your children’s care with your ex-spouse and legally document your wishes.

Steps to Protect Your Estate Plan During Life Changes

  1. Review Regularly
    • Revisit your estate plan after major life events like marriage, divorce, birth of a child, or significant financial changes.
    • Make it a habit to review your plan every 3-5 years to keep it current.
  2. Work with Professionals
    • Collaborate with an estate planning attorney and financial advisor who understands the nuances of marital estate rights.
    • Their expertise can help you navigate legal requirements and make informed decisions.
  3. Communicate Clearly
    • To avoid confusion or disputes, inform your loved ones about your estate plan.
    • Document your wishes clearly and legally bindingly to prevent future complications.

Proactively reviewing and updating your estate plan with professional guidance can ensure your financial future and provide for the people who matter most. Don’t wait—secure your legacy today.

If you’ve recently married or divorced, now is the perfect time to review your estate plan. Don’t let life’s changes catch you off guard— contact Williams Starbuck to schedule a consultation and take control of your legacy today.

Estate Planning Essentials for the Self-Employed

Self-employment means you’re not just managing your personal life but also steering the ship of your business. Amidst the hustle of entrepreneurship, estate planning essentials often take a backseat. However, it’s a critical aspect that ensures your hard work continues to benefit your loved ones and sustains your business legacy.

Why Does Estate Planning Matter?

Estate planning involves more than just drafting a will; it’s about securing your assets, minimizing taxes, and ensuring a smooth business transition in your absence. Personal and business finances are often intertwined for self-employed individuals, making estate planning essentials even more crucial.

Unique Challenges Faced by Self-Employed Individuals

  1. Business Continuity: Without a clear plan, your business might face operational disruptions or even closure.
  2. Asset Valuation: Determining the accurate value of your business assets can be complex.
  3. Tax Implications: Estate taxes can significantly reduce the inheritance left for your beneficiaries.
  4. Legal Complexities: Navigating the legal requirements for transferring business ownership requires careful attention to estate planning essentials.

Tips for Effective Estate Planning

  1. Consult Professionals: Work with estate attorneys and financial advisors who are experienced with self-employed clients.
  2. Regular Updates: Review and update your estate planning essentials periodically, especially after major life events.
  3. Communicate Openly: Discuss your plans with family members and business partners to set clear expectations.
  4. Organize Documentation: Keep all important documents accessible and inform your executors of their locations.

For the self-employed, embracing estate planning essentials ensures both personal and business affairs are handled according to your wishes. Start planning today to secure your legacy for future generations.

Contact Williams Starbuck today to schedule a consultation and learn how we can help you protect your family’s legacy.

The Ultimate Guide to Estate Planning for Single Parents

As a single parent, you carry the weight of ensuring your child’s well-being and financial security. Estate planning for single parents is essential for protecting your children and providing peace of mind, so that you know your wishes will be honored if something unexpected happens. Here’s what you need to know to create a comprehensive and effective estate plan tailored to you and your family’s unique needs.

Why is Estate Planning so Crucial?

Unlike two-parent households, single parents often shoulder the full responsibility for their children’s care and financial well-being. Without a solid estate plan, this can leave your children’s future vulnerable to legal challenges and outcomes that may not align with your wishes.

Key Elements to Consider When Estate Planning as a Single Parent

  1. Choosing a Guardian for Your Child

Selecting a guardian is one of the most important decisions you’ll make as a single parent. Without a clear designation, the court may appoint someone who doesn’t align with your values or wishes.

  • Consider Your Options Carefully: Choose someone who shares your parenting philosophy and has the means to care for your child.
  • Name a Backup Guardian: Include an alternative if your first choice cannot serve.
  • Discuss with the Guardian: Make sure they are willing and able to take on the role.

2. Establishing a Trust

Setting up a trust is an excellent way to manage and protect your child’s inheritance.

  • Revocable Living Trust: Allows you to control the trust during your lifetime and make changes as needed.
  • Appoint a Trustee: Choose someone responsible for managing the trust and distribute funds according to your wishes.
  • Specify Terms: Outline how and when your child can access funds for education or other significant expenses.

3. Updating Beneficiary Designations

Your life insurance, retirement accounts, and other financial instruments often bypass a will and go directly to the named beneficiaries.

  • Ensure Accuracy: Name your child as the beneficiary or direct funds to the trust established for their benefit.
  • Avoid Unintended Consequences: Update designations after major life events, like divorce or the birth of another child.

4. Drafting a Will

A will remains a cornerstone of estate planning for single parents.

  • Distribute Personal Assets: Specify how you want personal belongings, real estate, and other assets to be distributed.
  • Include Custody Plans: Name your chosen guardian to avoid potential legal battles.
  • Be Specific: Clear language reduces confusion and ensures your wishes are carried out.

Don’t wait—reach out to Williams Starbuck today to begin estate planning for single parents. Gain the peace of mind you deserve while ensuring a secure and bright future for your loved ones.

Travel Essentials: Preparing Your Estate Before Your Next Adventure

Traveling internationally is exciting, but amidst the thrill of booking flights and packing bags, it’s crucial not to overlook your legal and financial safety. Whether you’re traveling for leisure or business, having the right estate plan ensures peace of mind, knowing your loved ones and assets are protected if the unexpected happens.

Here’s a guide to the legal documents and insurance types every traveler should include in their travel essentials.

Why is Your Estate Plan a Travel Essential?

When traveling internationally, you face unique risks—being far from home and potentially subject to different laws. An estate plan tailored to your travel needs can help mitigate these risks by:

  • Ensuring someone you trust can make decisions on your behalf.
  • Protecting your assets and loved ones if an emergency arises.
  • Avoiding legal complications across borders.

Adding estate planning to your travel essentials lets you focus on enjoying your journey with confidence.

  1. Durable Power of Attorney: A durable power of attorney allows a trusted individual to manage your financial affairs if you are unable to do so yourself.
  • Why It’s Essential: Should you face an emergency abroad, someone can access your bank accounts, pay bills, or handle investments on your behalf.
  • Travel Tip: Ensure your power of attorney is valid internationally if you own foreign property or assets.

2. Healthcare Proxy vs. Living Will

  • A healthcare proxy designates someone to make medical decisions for you, while a living will outlines your preferences for medical treatment.
  • Why It’s Essential: If you’re hospitalized overseas, these documents ensure your medical wishes are honored and decisions are made by someone you trust.
  • Travel Tip: Carry translated copies of these documents if you’re in a non-English-speaking country.

3. Updated Will

  • A will ensures your assets are distributed according to your wishes.
  • Why It’s Essential: Unexpected events can happen anywhere, and having an updated will is critical for protecting your family and legacy.
  • Travel Tip: If you’ve recently acquired new assets or had a significant life event, update your will before traveling.

Key Insurance for International Travel

  1. Travel Insurance
  • What It Covers: Trip cancellations, delays, lost luggage, and emergency evacuations.
  • Why It’s Essential: Covers costs and inconveniences that could otherwise disrupt your travel plans.

2. Medical Insurance with International Coverage

  • What It Covers: Medical treatment, hospital stays, and repatriation.
  • Why It’s Essential: Many domestic health insurance plans don’t provide coverage outside your home country.

3. Life Insurance

  • What It Covers: Provides financial security to your loved ones in the event of your passing.
  • Why It’s Essential: Ensures your family is cared for, even if the unthinkable happens during your travels.

How to Organize Your Travel Essentials

  1. Digitize Documents: Save digital copies of your estate plan, insurance policies, and IDs on a secure cloud platform.
  2. Share with Trusted Contacts: Provide copies of critical documents to your attorney or a trusted family member.
  3. Carry Hard Copies: Keep physical copies of vital documents in a waterproof, secure travel organizer.

Keep Your Essentials Up to Date

Before every trip, review your estate plan and travel insurance to ensure:

  • All information is up to date.
  • Beneficiary designations align with your wishes.
  • You have coverage for your destination’s specific risks.

Make estate planning a routine part of your trip preparation and travel worry-free. Ready to get started? Contact us today to ensure your next adventure is secure!

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How to Choose a Conservator for Yourself

Every day, we make countless decisions, from what to have for breakfast to where to take our next vacation. But what happens when you’re unable to make those decisions for yourself? Who will step in to make day-to-day choices on your behalf? How do you choose a conservator for yourself?

What Is a Conservator?

A conservator is a court-appointed agent who takes control of your financial affairs when you are unable to manage them yourself. Depending on state law, this role may be called a guardian or guardian of the estate. The court will grant the conservator the authority to act on your behalf, ensuring your financial needs are met. Many jurisdictions prioritize individuals designated as agents or conservators in a financial power of attorney, underscoring the critical importance of preparing this document in advance.

The Importance of a Financial Power of Attorney

If you’ve recently updated your estate plan, you may have signed a financial power of attorney (POA), authorizing a trusted person to manage tasks like signing checks, opening accounts, managing property, and handling contracts. It’s a lifesaver if you can no longer handle these tasks yourself.

Understanding the Need for a Conservator

If you can’t make decisions, your loved ones may need to petition a judge to appoint a conservator. To avoid this, appoint an agent in your financial power of attorney and, if allowed, nominate a conservator through a document like a declaration of preneed guardian (name varies by state).

The Risks of Not Having a Plan

If you lack a financial power of attorney or similar documents, each state has laws outlining who may serve as a conservator. This could lead to an undesirable situation where someone you wouldn’t have chosen—like an estranged relative—manages your affairs. A financial power of attorney allows you to clearly communicate your wishes to the court.

Key Questions to Consider When Choosing a Conservator

To ensure you are cared for by someone you trust when you can no longer manage on your own, consider the following questions when evaluating potential candidates:

• Do they have the time? Often, the most capable and knowledgeable individuals are also the busiest. Ensure they can dedicate the necessary time to fulfill their responsibilities.

• Do they live nearby? Even in our digital age, some matters may require in-person interaction. A conservator who lives far away may struggle to carry out their duties effectively without incurring unnecessary costs or delays.

• Does your chosen conservator have the necessary skills? They should be organized, detail-oriented, and able to communicate effectively. An unreliable or scattered individual is unlikely to be a strong advocate for your interests.

Get Help When You Need It

If you have any questions or would like to discuss whom to appoint for this important role, don’t hesitate to contact the team at Williams Starbuck today! We’re here to help.

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Left Out of Your Parent’s Estate Plan? Here’s What You Need to Know

Many in the next generation are pinning their hopes on a significant inheritance as part of the ongoing “Great Wealth Transfer” in the U.S. However, there’s a growing gap between what children expect to receive and what their parents actually plan to leave behind.

Unfortunately, you typically have no legal claim to be included in your parents’ estate plan and cannot challenge their will or trust simply because you believe it’s unfair. But if you suspect something suspicious is at play—like undue influence from others—you might want to investigate further.

The Great Wealth Transfer: Resetting Inheritance Expectations

Financial experts are predicting a staggering transfer of wealth, with estimates suggesting that $84 trillion in assets will change hands by 2045. Most of this wealth will flow to Gen Xers, millennials, and Gen Zers, totaling around $72 trillion. However, there’s a catch! Parents today are living longer, spending more during retirement, and facing high healthcare costs, which can significantly impact how much they pass on   .

While more than half of millennials expect to inherit about $350,000 or more from their aging parents, many baby boomers plan to leave far less—and some even plan to leave nothing at all  . This disconnect often stems from a lack of communication about inheritance expectations, as over a third of Americans avoid discussing wealth transfers with their families altogether.

So, you just found out you’re not included in your parents’ estate plan. What’s next?

Know Your Rights

Generally, adult children are not entitled to inherit from their parents’ estate plans. However, you may have the right to see your parents’ will if one exists. If a trust was established, it may be harder to obtain that information unless you are named as a beneficiary.

  • Clear Disinheritance: If the will or trust explicitly disinherits you, contesting it might not be possible without additional evidence.
  • Absence of Language: If there’s no explicit mention of disinheritance, the court might consider that you were inadvertently left out, potentially allowing for a contest.

You might also have grounds to dispute the will or trust if:

  • You believe your parents weren’t of sound mind when making their estate plans.
  • There was undue influence from someone else.
  • A factual error led to your disinheritance, like a misunderstanding about your personal circumstances.

Ask Questions

Before diving into a potential contest—which can be lengthy and costly—consider asking yourself some key questions:

  • Have they discussed their estate plan with you? If they indicated you’d receive something but you didn’t, that could be a significant issue. They might have viewed gifts given during their lifetime as part of your inheritance.
  • Were they silent about inheritance matters? Some parents avoid these discussions altogether, making it harder to know their intentions.
  • What was their financial situation? Increased longevity and lifestyle choices often deplete savings, leaving less for inheritance. Did they spend their wealth enjoying life, or did health issues drain their resources?
  • Who else received money? Understanding who inherited and why can provide context for your situation. For instance, if a sibling with financial needs received more, it might clarify your omission.

Red Flags to Look For

If you can access your parents’ will or trust, look for any recent changes or unusual beneficiaries that might raise questions:

  • Large gifts to charities or organizations they just became involved with.
  • Significant assets left to a caregiver without a longstanding family connection.
  • Sudden changes to the estate plan, especially if they coincide with declining health.

If the estate goes through probate, the will becomes a public document, allowing you to see the details of the estate and beneficiaries   .

Discuss Your Disinheritance with an Estate Planning Attorney

Feeling left out can evoke shock, anger, or confusion, particularly if your parents never mentioned disinheriting you. While hurt feelings alone won’t suffice to challenge their estate plan, it’s essential to ask questions and investigate any red flags.

If you believe something isn’t right, consulting an estate planning attorney can provide clarity and guidance on your options moving forward. Don’t hesitate to take the next step in understanding your rights! Contact Williams Starbuck today.