Douglas A. Turner, P.C.

Almost always, the death of a parent causes some sibling issues to bubble to the surface. In most families, the issues are dealt with, ignored, or siblings go on with their lives without a fuss. On occasion, those issues explode into litigation. So what is the fuse that ignites the explosion? Personal property.

A Common Disaster Clause is a clause in a will that specifies how property is to be distributed, in the event that all intended heirs die from the same accident.

A codicil is a written change, amendment, supplement or addition to a person’s will. It may modify, add to, subtract from, clarify, qualify, alter, or revoke provisions in a will. A codicil is executed with all the formalities of the will itself.

Pre or post marital agreements define the rights of each spouse in the event of divorce or death. Any couple with a marital agreement should have a will. Here is why.

Anna Nicole Smith’s will also contains something called a no contest clause. In article VI, Anna Nicole Smith disinherits any heir that disputes the terms of the will in any way, shape or form. It is a very broad clause. It is another “standard” clause found in many wills. It is a clause we do not include without giving it serious thought. The reason why can be seen in the Anna Nicole Smith saga.

For those of you who have been on a desert island for the last few weeks, the lovely Anna Nicole Smith has passed before her time in a Florida hotel room, as a resident of the Bahamas with a will drafted in California and a lawyer as her boyfriend and confidant. The will executed in 2001 specifically provides for her son who committed suicide. The will makes no mention of her daughter who was born after the will was executed. The multimillion-dollar question is whether Anna Nicole Smith intentionally did not provide for that daughter. No law school professor could have conjured up a better essay question for a final exam in estate planning 101.

With the current federal estate tax exemption at two million dollars, fewer individuals are faced with federal estate taxes. However, for those with more than two million dollars in assets and life insurance, there are some simple and inexpensive techniques to greatly reduce if not eliminate any potential federal estate taxes.

What to Expect From an Estate Plan
An estate plan is more than a will or a living trust. It is a combination of many documents. Many people are surprised to learn just how many documents are involved. Here is what you should expect to receive in any estate plan:
What to Expect from a Will-Based Plan [...]