Probate Court

Judge Ignores Daughter & Father; Appoints Outside Conservator

Susan Evans goes to court to become guardian and conservator for her father, James Belew.  Even though Susan has a fully executed power of attorney for her father, the court ignores it.  As it turns out, after dementia set-in on James, the step-mother got a power of attorney signed. So, instead of appointing either Susan or the step-mother to be the conservator, the judge first appoints a “temporary” conservator and a guardian-ad-litem until a full hearing can be held. The father tells the guardian-ad-litem he has chosen his daughter and wishes for her to be the conservator, but the court…

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Which One

Electronic Directives vs. Print Versions

Should you have an electronic or printed copy of your documents? Electronic versions of your health care Advance Directives sounds like a more reliable way to store your documents, right? Unfortunately, this is not always the case. Although having information stored online may seem more convenient and easily accessible than carrying around a paper copy, there are quite a few issues that make this method less reliable than it initially seems. One of the major problems with electronic documents is that doctor’s offices and emergency rooms often use different record systems, making it impossible for emergency room staff to access…

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Terri Schiavo Case

Remember Terri Schiavo – Incapacitated at 20

At 20 years old, Terri Schiavo had a catastrophic collapse. Unfortunately, she did not leave written instructions (a health care directive) expressing how she would like to be cared for if something happened to her. Complicating matters, her family (Terri’s parents vs. Terri’s husband) did not agree on what her wishes would be, so the courts had to intervene to determine what she would want. Terri Schiavo was in her home when sudden cardiac arrest occurred. She was successfully resuscitated but was left comatose. The doctors who examined her believed she would never emerge from her coma. Her husband wanted…

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Debt

Debt Does Not Go Away When You Die

When you die and have debt, your estate pays your debt before your beneficiaries receive any money.  And, if your estate does not have enough money to pay all your debt, that just means that your beneficiaries will not receive anything. When you pass away, all of your assets become part of your estate.  Even if you have a last will and testament, and your estate promises to pay your family member a certain amount of money, your family will not receive any money until after all your debts and liabilities are paid by your estate. Additionally, if there is…

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Troubling Estates

Michael Jackson and Robin William Estates

  Michael Jackson Despite having a cadre of lawyers, his estate plan was riddled with flaws. He had an estate plan, but no one working on that plan put any of his property into the Trust!  His assets were not in trust. Robin Williams He left an estate plan, but it did not include a contest provision, which would have stated anyone who contested the will would risk his or her entire inheritance. The result is an estate hung up in litigation due to lawsuits.  

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Bank Safe Deposit Box

What’s Wrong With Putting Your Docs in Bank Safe Deposit Box?

CONSIDER THIS — …You have a medical emergency; rushed to the hospital.  You can’t communicate with the doctors. …Or, let’s say you go to the doctor for a routine procedure and something goes wrong.  You can no longer communicate with the doctors. No problem, you have an Advanced Health Care Directive.  With that directive your representative can step in and make decisions for you. BUT WAIT, (1) That document is in your safe deposit box at your bank, and (2) Your representative cannot access your safe deposit box. (3) Your bank is closed.  Maybe it’s after banking hours; it’s the…

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