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Different social media platforms handle accounts differently after death. Some allow you to choose someone to manage or delete your account (like Facebook and Google), while others only allow family to request removal (like Instagram, Snapchat, and Twitter). Planning ahead through your estate plan ensures your digital legacy is handled according to your wishes.

Property acquired during marriage is classified as either community property or separate property, depending on the state of residence. In community property states (e.g., California, Texas), assets earned or acquired during the marriage are jointly owned, regardless of whose name is on the title. In separate property states, ownership is determined by title, and property is not presumed to be jointly owned. Problems often arise during divorce or death when ownership interests are disputed. Additional complications can occur when a couple moves between states with different property systems. To avoid conflict and confusion, couples should engage in proactive planning, communicate openly, and consult an estate planning attorney to clarify ownership and develop a tailored estate plan.

As law firms increasingly shift to digital storage, individuals are often left responsible for safeguarding their original estate planning documents. Missing originals—such as wills, powers of attorney, and trusts—can create serious complications, especially when legal presumptions of revocation arise. While photocopies may sometimes be accepted, especially with supporting evidence or unanimous family agreement, courts often require originals or judicial approval to validate copies. Each type of document (wills, trusts, financial and medical powers of attorney) has different standards for acceptance of copies. To avoid legal delays or conflicts, it is essential to securely store original documents and ensure that trusted individuals know their location.

For married couples, especially those with prior marriages or significant individual assets, managing jointly and separately owned property can be complex. A joint pour-over trust is an estate planning tool designed to simplify this process. It allows jointly owned property to be placed in a shared trust, which then distributes assets into each spouse’s individual trust upon the first death. This structure offers benefits such as easier funding and administration, probate avoidance, maintaining separate property distinctions, and potential tax advantages like a double step-up in basis in community property states. While it involves creating three trusts, the system provides clarity, flexibility, and control in estate planning.

Many individuals mistakenly treat estate planning as a one-time project rather than an ongoing process, which can lead to serious issues down the line. While setting up an estate plan initially resembles a project—requiring steps like contacting a lawyer and creating documents—it should ultimately evolve into a process that is regularly reviewed and updated, especially during major life changes such as marriage, divorce, or the birth of a child. Thinking of estate planning as a process ensures that it remains effective and aligned with a family’s evolving needs.

This article compares the hidden dangers of ocean undertows to the risks of dying without a proper estate plan. Without a valid will or trust, state intestacy laws will decide who inherits your assets, potentially disinheriting loved ones such as stepchildren, posthumously conceived children, unmarried partners, or children with special needs. Outright gifts under state law also lack protection from creditors or mismanagement. The article advocates for creating trusts—such as age-based distribution or discretionary trusts—to ensure assets are managed wisely and protected. It also warns that failing to plan can subject your estate to probate delays and require court-appointed conservators for minor children, potentially placing control in the hands of someone you wouldn’t choose. Proper estate planning is presented as essential to shielding your family from unnecessary stress and loss.

Sending your child off to college is an exciting milestone, but it also brings new legal realities: once your child turns 18, you no longer have automatic rights to access their medical, financial, or academic information—even in emergencies. While this may not be top-of-mind amid dorm shopping and packing, putting basic legal documents in place can be a vital part of ensuring your child’s safety and your peace of mind. These include a FERPA release, HIPAA authorization, durable financial and medical powers of attorney, an advance directive, and even a simple will. Together, these tools empower your child to designate trusted individuals—whether that’s a parent or someone else—to act on their behalf if they are unable to. Taking care of these documents before drop-off helps protect your child and prevents unnecessary legal delays during emergencies.

Just like your favorite scoop of ice cream on a warm day, an estate plan needs the right conditions to stay perfectly balanced. This article serves up a flavorful metaphor between ice cream melting and estate plans going stale, offering a reminder of why periodic updates are essential. You’ll discover how life events—like marriage, divorce, or the birth of a child—can melt away even the most thoughtfully prepared plans if left unchecked. From “freezer burn” to forgotten beneficiaries, this piece helps you spot the signs of an outdated plan and shows you how to keep things fresh, functional, and mess-free for your loved ones.

An estimated 70% of family wealth is lost by the second generation and 90% by the third—often due to poor communication and lack of planning. To help prevent this, families should openly share key information about their estate plan, including financial overviews, final wishes, and the roles and responsibilities of decision-makers. Important estate planning documents—like powers of attorney, trusts, wills, and healthcare directives—should be explained to ensure everyone understands their purpose. Clear guidance on inheritance goals, trust provisions, and asset management is essential, along with the location of important documents and contact information for advisors. Professional advisors can play a critical role in facilitating these conversations and preserving your legacy.

Think your ice cream topping choices say something about your personality? You might be right—and the same goes for how you customize your estate plan. This playful yet practical article draws sweet parallels between building your perfect ice cream sundae and designing a personalized estate plan. Starting with a basic will or trust is like starting with vanilla, but it’s the “toppings”—such as timed inheritances, charitable gifts, or how assets are distributed—that make your plan truly your own. Whether you prefer sprinkles, hot fudge, or artisanal flair, this read will have you thinking differently about planning for the future and might just inspire you to top off your legacy with style.

If you’ve ever stood in front of a freezer case trying to pick an ice cream flavor, you already understand the “ice cream dilemma”—too many choices can lead to no decision at all. This article serves up a refreshing take on estate planning, likening your options to cones, sprinkles, and custom sundaes. You’ll get a taste of three key strategies for avoiding probate—joint ownership, beneficiary designations, and trusts—with a breakdown of their pros and cons. Whether you're a biter, licker, or nibbler (yes, there's a psychology to that too), this piece offers a sweet starting point for building an estate plan that’s smooth, efficient, and tailored to your goals.

Creating a revocable living trust is a powerful way to avoid court involvement during incapacity and after death—but only if the trust is properly funded. Funding a trust means transferring ownership of your assets into the trust or naming the trust as a beneficiary. Many people mistakenly fail to fund their trust, which can result in their assets going through probate despite having a trust in place. Commonly funded assets include real estate, bank accounts, investment accounts, and personal property, while retirement accounts, professional corporation interests, and vehicles may be better left out. Fully funding your trust ensures privacy, efficiency, and greater control over your estate, both during your lifetime and after.

Estate planning becomes increasingly important as individuals age, especially given the rising likelihood of disability or incapacity. Establishing financial and medical powers of attorney ensures that trusted individuals can handle crucial matters if one becomes unable to do so, whether due to illness, aging, or even temporary absences like travel. Trusts are also vital tools for passing on assets thoughtfully and securely, allowing for flexible distribution based on age, life milestones, or trustee discretion—offering protection against risks such as creditors or poor financial choices. Despite common reluctance to engage in estate planning, proactively creating or updating an estate plan helps safeguard both personal autonomy and the financial future of loved ones.

While many Americans believe creating an estate plan is a one-time task, a truly effective plan requires regular updates and careful attention to overlooked elements. Crucial components include naming and periodically reviewing trusted decision makers—such as personal representatives, trustees, guardians, and agents for power of attorney—with backups in place in case of unavailability. It's also essential to provide for pets' care and to clearly name both primary and contingent beneficiaries to prevent probate complications. Beyond the basics, individuals should account for worst-case scenarios, such as the simultaneous death of all intended heirs, by naming remote contingent beneficiaries like charities. Thorough estate planning helps safeguard final wishes, reduce stress for loved ones, and avoid costly legal complications.

When a loved one passes, it's essential to review and manage their various accounts—including subscriptions, utilities, and memberships—to prevent unnecessary charges and protect against fraud. Begin by identifying accounts through mail, emails, and statements, then decide which to cancel or transfer. Key account types include digital subscriptions (like Netflix or Amazon Prime), digital patronage (like Patreon), utilities, and miscellaneous memberships. Executors may need legal guidance during this process to ensure proper estate administration.

To protect your unmarried partner, you have several estate planning options depending on your assets, risk tolerance, and relationship dynamics. Strategies include adding your partner as a joint owner, naming them as a beneficiary on retirement accounts, life insurance, or bank accounts, and including them in your will or revocable living trust. Each method has pros and cons related to control, creditor exposure, probate, and access during incapacity. A revocable living trust offers the most flexibility and protection but may involve ongoing costs. It's essential to consult an experienced estate planning attorney to create a plan tailored to your needs.

Disinheriting a spouse in the United States is generally difficult, as many states require the spouse’s consent via a prenuptial or postnuptial agreement to completely exclude them from inheritance. Spousal inheritance laws vary widely by state and depend on factors like the length of marriage, presence of children, and the value of the deceased spouse’s estate. Some states, like Florida, allow a surviving spouse to claim an elective share—often a percentage of the deceased spouse’s estate—including both probate and certain nonprobate assets. Additionally, states set differing time limits within which a surviving spouse must assert their rights. If you believe you have been disinherited, it is crucial to act quickly and consult an experienced estate administration attorney to protect your interests.

After a divorce, updating your estate plan is essential to ensure your assets are distributed according to your new wishes. Although some designations in wills, trusts, and powers of attorney may be automatically revoked by law, others—like life insurance and retirement account beneficiaries—are not, particularly those governed by ERISA. Without proper updates, your former spouse or their relatives could unintentionally remain in control or benefit from your estate. A divorce decree also may impose obligations, such as maintaining life insurance for child support. Meeting with an estate planning attorney and providing the decree ensures you can retitle assets, revoke outdated documents, and designate new fiduciaries and beneficiaries. As a newly single person, you now have full control over your estate and should act promptly to protect yourself and your loved ones.

Married couples can leverage powerful estate planning tools—like the Lifetime Qualified Terminable Interest Property (QTIP) Trust and the Spousal Lifetime Access Trust (SLAT)—to provide for one another and protect their wealth, especially when facing complex family dynamics or significant financial disparities. A lifetime QTIP trust ensures the less wealthy spouse is cared for during life while preserving assets for children from prior marriages, using the marital deduction to defer estate taxes. A SLAT, on the other hand, allows the grantor spouse to transfer assets out of their estate while retaining indirect access through their spouse, potentially reducing estate tax liability. Both trusts must be carefully structured to address divorce and tax implications. Portability adds flexibility by allowing a surviving spouse to use their deceased spouse’s unused estate tax exemption, but timely filing is critical. In community property states, ownership and funding of trusts must be handled with particular care, potentially requiring marital agreements. Consulting an experienced estate planning attorney is essential to creating a plan that reflects your goals and safeguards your legacy.

A lifetime Qualified Terminable Interest Property (QTIP) trust is a valuable estate planning tool for spouses in second or subsequent marriages, especially when one spouse is significantly wealthier. Unlike traditional QTIP trusts created after death, a lifetime QTIP trust allows the wealthier spouse to transfer unlimited assets to the trust during their lifetime, free of gift and estate taxes, while retaining control over how and when those assets are used. The trust provides income to the less wealthy spouse for life and may offer limited principal access, while preserving the remaining assets for the wealthier spouse’s heirs or other beneficiaries. It also helps utilize the less wealthy spouse’s unused estate tax exemption and can protect assets across generations. To qualify for the unlimited marital deduction, specific requirements must be met, including the trust’s irrevocability and exclusive benefit to the spouse during life.

Running a business with your spouse can be deeply rewarding but also challenging without clear boundaries and proper planning. Couples should establish separate budgets for personal and business finances, maintain work-life balance, and nurture individual hobbies for personal well-being. Just as important is having a comprehensive estate plan, including a revocable living trust, financial and medical powers of attorney, and possibly an LLC or other entity structure. These tools can help ensure smooth decision-making, protect your assets and business, and provide for loved ones during incapacity or after death. With proper planning, couples can safeguard both their marriage and their livelihood.

Portability allows a surviving spouse to claim and use a deceased spouse’s unused federal estate tax exemption (DSUE) to reduce or eliminate future estate taxes. While this tool can be valuable—especially for high-net-worth couples—it requires timely action, including filing IRS Form 706 within nine months of the first spouse’s death. Portability is not automatic and can be lost, especially in cases of remarriage, as only the most recently deceased spouse’s DSUE is available. Even with portability, lifetime trust planning remains essential to address issues such as blended families, asset protection, and incapacity. With the federal exemption set to decrease in 2026, proactive estate planning is increasingly important.

Disinheritance—the act of intentionally excluding someone from your estate—can be legally complex and emotionally charged, especially when it involves spouses or children. While you generally have broad testamentary freedom, state laws offer protections like elective shares for spouses and statutory allowances for children, making total disinheritance difficult without proper planning. Simply omitting a name from a will or trust is not enough; you must explicitly state your intent and clearly identify the individual. Alternatives such as symbolic inheritances, no-contest clauses, and trusts may help avoid legal challenges. Without an estate plan, state intestacy laws determine asset distribution, possibly benefiting someone you intended to exclude.

In February 2025, famed actor Gene Hackman and his wife, Betsy Arakawa, were found dead under suspicious circumstances in their Santa Fe, New Mexico home. Authorities determined that Arakawa died about a week before Hackman, making the timing of their deaths significant under New Mexico’s Simultaneous Death Law. This law, based on the Uniform Simultaneous Death Act, presumes spouses who die within 120 hours of each other died simultaneously, impacting how assets are distributed. However, since Hackman survived Arakawa by more than 120 hours, the law did not apply. Arakawa’s will reportedly included a 90-day survivorship clause, meaning Hackman was treated as having predeceased her and could not inherit her estate. Her assets would instead pass to contingent beneficiaries, likely charities, rather than to Hackman or his children. This case underscores the critical importance of specific estate planning tools—like survivorship clauses and clear contingent beneficiary designations—to avoid unintended outcomes and ensure one's legacy is distributed according to personal wishes.