Wills are legal documents that outline your final wishes regarding the distribution of your assets and property.

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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. 

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How to Choose the Initial Trustee of Your Trust

When establishing a trust, nominating a trustee is a crucial step. If you’re creating a revocable living trust, you will likely be the initial trustee. Additionally, it’s essential to name successor or backup trustees who can manage the trust’s affairs if you are unable to do so.

The trustee is responsible for managing the trust’s accounts and property, which includes:

  • Collecting income
  • Paying bills and taxes
  • Making investment decisions
  • Buying and selling property
  • Distributing funds to you and your beneficiaries according to the trust’s instructions
  • Keeping accurate records and ensuring everything is organized

Who Can Be Your Initial Trustee?

If you have a revocable living trust, you can serve as your own trustee. If you are married, your spouse can act as a co-trustee. This arrangement allows either spouse to manage financial affairs without interruption if the other cannot. Many married couples opt to serve as co-trustees, particularly if they have shared accounts and property.

However, you are not required to be your own trustee. Some individuals choose to appoint an adult child, trusted friend, or relative. Others prefer a professional or corporate trustee, such as a bank trust department or trust company, for their experience and investment expertise.

Nominating someone else as trustee or co-trustee does not mean you lose control. The trustee must follow the instructions outlined in your trust and may need to report back to you. You can also replace your trustee if needed.

When to Consider a Professional or Corporate Trustee

A professional or corporate trustee may be valuable in several situations. If you are elderly, widowed, or in declining health with no children or trusted relatives nearby, a professional trustee can provide peace of mind that your affairs are being handled appropriately. Alternatively, you may simply prefer not to manage investments yourself, regardless of your age or health status.

Certain irrevocable trusts may prohibit you from acting as a trustee due to tax law restrictions. In these cases, a professional or corporate trustee may be the best choice, as they have the expertise and resources to manage your trust effectively and help you meet your investment goals.

What You Need to Know About Fees

Professional or corporate trustees typically charge a fee based on the value of the trust’s accounts and property. While these fees can be significant, they may be worthwhile given the trustee’s experience, the quality of services provided, and the potential investment returns they can generate.

Actions to consider: 

  • Evaluate Your Ability: Honestly assess whether you are the best choice to be your own trustee. Someone else may manage your investments more effectively. If you choose to be the trustee, consider hiring financial advisors to assist you.
  • Consider a Co-Trustee: Nominating someone as a co-trustee can help them learn about your trust and its management while allowing you to evaluate their capabilities.
  • Evaluate Candidates Realistically: When selecting a trustee, be cautious. Financial management skills do not necessarily correlate with birth order or family dynamics.
  • Research Professional Trustees: If considering a professional or corporate trustee, interview several candidates to compare their services, investment returns, and fees.

Get the Support You Need

We can help you select, educate, and advise your successor trustees, ensuring they know how to fulfill your wishes. Give Williams Starbuck a call today!

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Don’t Wait to Name a Guardian for Your Minor Children

Choosing a guardian for your child is an emotional and challenging task, but it’s one of the most important decisions you’ll make as a parent. Without a designated guardian, a judge—unfamiliar with your family and values—will decide who raises your child if the unexpected happens. This could lead to placement with a distant relative or even a stranger, a scenario no parent wants.

Why Naming a Guardian is Essential

While the chances of both parents facing a tragic event may seem low, the consequences of failing to name a guardian can be severe. If no guardian is specified in your will or legal documents, the court will intervene and choose a guardian based on its own criteria. Family disputes often arise, especially when money is involved. Naming a guardian proactively ensures your wishes are honored and your children are cared for by someone you trust.

How to Choose the Right Guardian

Selecting a guardian for your minor children requires careful thought. Here are several key factors to consider:

  • Relationship with the Children: Consider how well your children know and connect with the potential guardian. A familiar and loving relationship can ease the transition during a difficult time.
  • Parenting Style and Values: Look for alignment in parenting philosophies, moral values, educational approaches, and health practices. This helps ensure your children are raised in an environment consistent with your beliefs.
  • Location: The guardian’s proximity matters. A distant location could require your children to change schools and leave behind their friends and familiar surroundings, making an already tough situation even harder.
  • Age and Health:
    • Older guardians may have the experience but might lack the energy to keep up with young children.
    • Younger guardians, like siblings, may be preoccupied with their own life challenges and goals, which could impact their ability to parent effectively.

Reminder: Discuss your expectations with potential guardians and confirm they are willing to take on this important responsibility. It’s also wise to name at least two alternate guardians in case your first choice becomes unavailable.

Financial Considerations: Who Will Manage the Funds?

Raising children should not become a financial burden for your chosen guardian. While their financial situation shouldn’t be the sole reason for your selection, it’s essential to ensure that sufficient resources are available to support your children. You may want to consider setting aside funds through life insurance or other assets to assist your guardian with necessary adjustments, such as acquiring a larger home or vehicle.

Let’s Continue the Conversation 

We recognize that thinking about your potential absence from your children’s lives is not easy. However, it’s vital to confront this topic and create a proactive plan that addresses these concerns. Williams Starbuck is here to help you navigate these difficult discussions and ensure your wishes are legally documented. Remember, you can change your designated guardian at any time as your circumstances evolve. Contact our office today to schedule an appointment and begin planning for the future!

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What to Do with Grandma’s Ring: Navigating the Division of Personal Property in an Estate

When a beloved family member passes away, the memories they leave behind often evoke feelings of warmth, nostalgia, and even bittersweet moments. Amidst the emotions, however, there comes the practical challenge of dividing their personal property in their estate, particularly sentimental items like Grandma’s cherished ring. Understanding how to navigate this delicate process can help ease tensions and honor your loved one’s wishes.

Balancing Emotional and Financial Value

Estate planning discussions often center on large assets such as homes, cars, and financial accounts. Yet, smaller personal items in an estate can carry significant weight—both emotionally and financially. Heirlooms like Grandma’s ring, a cherished watch, or a treasured piece of furniture may hold deep sentimental value, sometimes even surpassing their monetary worth. When an estate plan doesn’t clearly account for such items, disputes can arise, straining relationships and complicating the probate process.

Deciphering Residuary Clauses: Understanding the Fine Print

Many wills and trusts distribute personal property through a residuary clause, which directs how to handle remaining assets after specific bequests are fulfilled. If a single beneficiary inherits the residuary estate, the process is straightforward. However, when multiple beneficiaries are involved, the division becomes more complex. Differing perspectives on the sentimental value or monetary worth of certain items can lead to disagreements.

Resolving Conflicts Among Beneficiaries

When several family members have their eyes on the same keepsake, open communication becomes essential. Resolving conflicts may involve:

  • Negotiating Trades: Beneficiaries may agree to swap items of comparable sentimental or financial value.
  • Selling and Splitting the Proceeds: If no resolution is reached, selling the item and dividing the proceeds evenly can serve as a fair compromise.
  • Drawing Straws or Random Selection: As a last resort, beneficiaries can use this method when all other options have been exhausted.

If disputes persist, the executor or trustee overseeing the estate may step in to mediate and help facilitate an agreement.

The Importance of a Comprehensive Estate Plan

The best way to avoid conflicts over personal property is to have a thorough estate plan that clearly outlines your intentions. Proactively discussing your wishes with loved ones and considering gifting certain items during your lifetime can prevent future misunderstandings. Providing clear instructions for sentimental possessions ensures family heirlooms are passed down as intended, preserving harmony.

Seek Professional Guidance for a Smooth Process

Dividing personal property in an estate, particularly sentimental items, requires careful planning, clear communication, and often legal expertise. To navigate this process smoothly and honor your loved one’s wishes, consider seeking guidance from a qualified estate planning attorney. At Williams Starbuck, we specialize in creating comprehensive estate plans and assisting with the administration of estates. Contact Williams Starbuck today to schedule a consultation and learn how we can help you protect your family’s legacy.

The Benefits of a Living Will and How to Create One

A living will is an essential document in your estate plan that ensures that your healthcare wishes are respected and relieves your loved ones from making difficult decisions during stressful times.

Key Benefits of a Living Will

  • Control Over Medical Decisions: A living will allows you to specify medical treatments you do or don’t want, such as life support or resuscitation. This allows your wishes to be followed even if you’re unable to speak.
  • Peace of Mind for Loved Ones: Your loved ones won’t have to make difficult decisions about your care without knowing your preferences.
  • Avoiding Conflicts: A living will helps to prevent disagreements among family members by clearly outlining your medical directives, minimizing potential conflicts during a challenging time.
  • Legal Protection: This document provides legal protection for your medical providers.

Steps to Create a Living Will

  1. Consult with a Legal Professional: A qualified estate planning attorney can guide you through the process to make sure your living will is legally sound and reflects your wishes.
  2. Consider Your Medical Preferences: Think about the types of medical treatments you would or wouldn’t want in various scenarios. This can include decisions about life support, resuscitation, or pain management.
  3. Draft the Document: With the help of your attorney, draft the living will, detailing your preferences. Make sure it’s clear and specific to avoid any ambiguity.
  4. Review and Update Regularly: Life circumstances and preferences can change. Be sure to review and update your living will regularly.

Creating a living will is a crucial step in securing your future healthcare needs. By having one in place, your medical care can align with your values and relieve your loved ones from making difficult decisions on your behalf.

Get Professional Assistance

For guidance on creating a living will, contact Drew Starbuck at Williams Starbuck Attorneys at Law. Call 720-660-9847 to schedule a consultation and take the next step in protecting your healthcare preferences.

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How to Choose the Right Executor for Your Will

Choosing the right executor for your will is one of the most important decisions in estate planning. The executor is responsible for carrying out your last wishes, ensuring your assets are distributed according to your will, and navigating the probate process.

Understanding the Role of an Executor

An executor, sometimes called a personal representative, is legally obligated to act in the best interests of your estate and beneficiaries. They will manage your estate through probate, pay any debts and taxes, and distribute assets to your heirs. Given the significant responsibility, it’s crucial to choose someone capable and trustworthy.

Factors to Consider When Choosing an Executor

  • Trustworthiness and Integrity: Your executor must handle your estate with honesty and care. This role requires a person who can manage finances, understand legal documents, and make decisions without personal bias.
  • Willingness and Availability: Being an executor can be time-consuming and demanding. It’s important to select someone who is not only willing to take on the role but also has the time and energy to manage the process, especially if disputes arise.
  • Familiarity with Your Wishes: Ideally, your executor should be someone who understands your values and intentions. This familiarity can help them make decisions that align with your goals, particularly in complex situations.
  • Professional Executors: In some cases, you may prefer to appoint a professional executor, such as a trust company or an attorney. This can be particularly beneficial for large or complicated estates, as professionals bring experience and neutrality to the process.

Ensuring a Smooth Process

Choosing the right executor is vital to ensuring your estate is handled smoothly and in accordance with your wishes. Take the time to discuss your decision with potential candidates and seek legal advice to make the best choice.

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How To Protect Your Family With Estate Planning And Life Insurance In Las Vegas

It’s no wonder estate planning and life insurance go hand-in-hand. They both protect your family financially in the event of your death. If you don’t have life insurance or haven’t planned for the distribution of your estate, your family could face a lot of expenses and confusion after you’re gone. So here’s how to care for them with estate planning and life insurance in Las Vegas. 

How Estate Planning Protects Your Family

Estate planning involves creating legal documents that declare how to distribute your estate after you die. Most Las Vegas residents use their assets to benefit loved ones posthumously. You might see this as a simple gift to family or friends, but proper estate planning can protect them too. 

First, estate law can get very confusing if you do not have a legal will. The courts will have to follow intestate laws to distribute your estate, and your family may not like the outcome. Many families get into heated and expensive legal battles as a result. By creating a will, you leave no doubt about who gets what. 

A will can also designate caregivers for minor children or pets in the event of your untimely death. You know what’s best for them and deserve a say in their future. If you do not make those plans now, the courts must decide who will care for your children or animals without your input. 

You might also consider creating a trust. A trust does not go through probate like assets in a will do, so your beneficiaries will get the money from the trust sooner. This is vital if you have family members who depend on you financially. They will also avoid the general headache and expenses of the probate process. 

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How Life Insurance Helps Las Vegas Families 

When you work with an estate planning attorney, the question of life insurance will come up. Life insurance is a financial asset. When you die, your insurance provider will pay out the amount on the policy to your named beneficiaries. 

If you do not already have life insurance, your attorney will encourage you to get some. Life insurance in Las Vegas can financially protect your family in several ways: 

  • Unlike assets like a house or retirement account, an insurance policy gives your family fast, liquid cash. 
  • Insurance money does not go through probate, giving your dependents vital funds soon after your death.
  • With readily available insurance money, your family can cover funeral expenses, outstanding debts, and estate taxes without digging into their own pockets.
  • You can use the insurance money to equalize your estate. Suppose one of your beneficiaries wants to keep physical property like your house while others only want the money it is worth. In that case, you can calculate the monetary value of their shares of the house and bequeath that amount from your life insurance and leave the house to the first beneficiary. 

Williams Starbuck Is Here to Help With Life Insurance And Estate Planning In Las Vegas

As you can see, estate planning and life insurance in Las Vegas can get confusing. Work with the experienced attorneys at Williams Starbuck to best protect your family. We focus on your goals for estate planning and guide you through the entire process. Get started today contact us at 1-702-660-9847 or send us a message to request a free consultation. 

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What Are Unmarried Couples’ Rights When One Of Them Dies In Las Vegas?

Wondering about an unmarried couple’s rights when one of them dies in Las Vegas? Here’s what to know and how an estate planning attorney can help.

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What To Know About Estate Planning For Childless Couples In Las Vegas

When most people think about the heirs of an estate, they think of offspring. But what if you never had children? An increasing number of Las Vegas couples face this question when planning for the future. As with all estate planning questions, an experienced attorney can help find the right answers for you. In the meantime, here are some things to know about estate planning for childless couples in Las Vegas. 

You’ll Need To Choose Beneficiaries

Perhaps the first concern during estate planning for childless couples in Las Vegas is choosing your beneficiaries. Most parents will automatically bequeath their estate to their children. People without offspring can simply choose other loved ones to name as beneficiaries. You might choose siblings, nieces, and nephews, other relatives, friends, or charitable organizations. 

Once you decide who will inherit your assets, create a will or trust that names those beneficiaries. If you both die without doing so, your estate will be distributed according to intestate succession laws and may not go to someone you would choose. It’s also a good idea to tell your beneficiaries ahead of time to minimize surprises (and conflict) in the future. 

You Also Need To Name An Agent In Your Power Of Attorney 

Another thing to consider is who to name as attorney-in-fact in your power of attorney. This is the person (or people) whom you entrust with your affairs if you and your spouse become incapacitated. Since you won’t have offspring to automatically take on those responsibilities, choosing this agent becomes even more important. 

You’ll need to ask someone you trust and whom you can reasonably assume will be competent enough to handle the responsibilities dictated by your POA. They should be willing and able to make sound financial, legal, and medical decisions on your behalf when you can no longer do so. When you have someone in mind, speak to them about your desire to make them your agent before asking your attorney to create your POA.

You Should Write Advance Directives For Medical Care

An advance directive is a legal document that gives instructions for your medical care if there comes a time when you can’t make decisions or communicate for yourself. Many people discuss their wishes with adult children, but childless couples will benefit most from creating advance directives that suit their needs. Your estate planning attorney can help you choose what documents are suitable for you: 

  • A medical power of attorney
  • A living will 
  • A do not resuscitate (DNR) order
  • A do not intubate (DNI) order 

These documents will tell medical professionals and your attorney-in-fact your preferences for medical care if you become incapacitated. 

Williams Starbuck Can Help With All Of Your Estate Planning Needs 

Whether you have children or not, the expert attorneys at Williams Starbuck are here to help you with estate planning. We’ll review your options and draw up the documents you need to ensure your wishes are honored. Learn more about our services contact us at 1-702-660-9847 and schedule a free consultation today.