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Category: Probate

Will-Based vs. Trust-Based Estate Planning – Which One is Right for You?

Posted on February 4, 2025 | by David Ledbetter

Estate planning is one of the most important steps you can take to protect your loved ones and ensure your wishes are honored. There are two general approaches to planning — a will-based plan or a trust-based plan. While both serve to distribute your assets after your passing, they Continue reading →

Posted in Estate Planning, Probate, Trust Administration

Estate Planning for the Newly Married

Posted on January 14, 2025 | by David Ledbetter

Are you recently married? Now is the perfect time to start working on an estate plan. As newlyweds, you are likely in the process of deciding which of your accounts and assets to combine and how to turn two households into one. You may also be setting up new bank accounts and creating Continue reading →

Posted in Estate Planning, Probate

Caution – Using a DIY Deed to Avoid Probate Can Be Risky!

Posted on January 7, 2025 | by David Ledbetter

A common do-it-yourself approach to attempting to avoid probate that many have heard of is to add children or other individuals to the property title as joint owners with rights of survivorship. When joint owners have survivorship rights and one joint owner passes away, the remaining Continue reading →

Posted in Client, Estate Planning, Probate

Have You Checked Your Beneficiary Designations Lately?

Posted on December 10, 2024 | by David Ledbetter

You regularly check the balances of your retirement, bank, and investment accounts. But when was the last time you checked the beneficiary designations on these and other accounts?

It may have been years since you first opened an individual retirement account, bought a life insurance Continue reading →

Posted in Estate Planning, Probate

Will My Revocable Living Trust Avoid Probate? It Depends.

Posted on October 22, 2024 | by David Ledbetter

If you have established a revocable living trust, congratulations! You are on the right track in creating a comprehensive estate plan. However, you have only begun your trek. While many people believe that because they took the time to create a trust, their estate will automatically Continue reading →

Posted in Estate Planning, Probate

The Perils of Joint Property

Posted on September 17, 2024 | by David Ledbetter

People often consider adding a spouse or family member to their bank account or real estate as a form of estate planning. Joint property ownership is easy to set up. It can be established at the bank when opening an account, through the title company when buying real estate, or by Continue reading →

Posted in Client, Estate Planning, Probate

Estate Planning is About Knowing Your Priorities

Posted on July 23, 2024 | by David Ledbetter

Thinking about our own mortality and how our loved ones will fare after we pass away can be very difficult. While we all know that we will pass away at some point, this is not something most people like to dwell on. However, by proactively planning and prioritizing your goals, you Continue reading →

Posted in Client, Estate Planning, Probate, Trust Administration

Wrongful Death and Probate

Posted on July 2, 2024 | by David Ledbetter

Wrongful death lawsuits and probate proceedings are both civil legal matters that occur after somebody has died.

When the death of a loved one is caused by another individual or entity, it can lead to the filing of a wrongful death lawsuit and, ultimately, the awarding of compensation Continue reading →

Posted in Estate Planning, Probate

What is Next for Your Estate Plan?

Posted on June 25, 2024 | by David Ledbetter

Having an estate plan is a great way to ensure you and your loved ones are protected today and in the future. When we create an estate plan, we look at what is going on in your life at that time. But life is full of changes, so it is important to make sure your plan can change to Continue reading →

Posted in Client, Estate Planning, Probate, Trust Administration

What Happens to an Adult Child Living at Home When Their Parents Pass Away?

Posted on June 4, 2024 | by David Ledbetter

More young adults are currently living at home with their parents than at any time since the 1940s. While there are many different opinions about this trend and the cause of its recent prevalence, the primary motivation for young adults staying at home with their parents is usually Continue reading →

Posted in Estate Planning, Probate, Trust Administration

How to Choose the Right Helpers for Your Incapacity Plan

Posted on May 7, 2024 | by David Ledbetter

Estate planning is more than just planning for what happens after you die. It is just as important to plan for what happens if you become unable to manage your own financial or medical affairs while you are alive.

What happens without an incapacity plan?
Without a comprehensive incapacity Continue reading →

Posted in Client, Estate Planning, Probate, Trust Administration

Pensions and Retirement Accounts in Estate Planning

Posted on April 23, 2024 | by David Ledbetter

Private pension plans have been used in the United States since the late 1800s. Through 1980, nearly 40 percent of Americans were covered by a traditional employer-funded pension. Employer-provided retirement plans have now largely shifted to retirement savings vehicles like 401(k) Continue reading →

Posted in Client, Estate Planning, Probate

If My Will Is Filed with the Court, Will It Go Through Probate?

Posted on April 9, 2024 | by David Ledbetter

Death is a personal and private affair that affects the deceased’s close family and friends. However, there is at least one aspect of death that may require state oversight: probate.

Probate is the court-supervised process of either (a) carrying out the instructions laid out in the Continue reading →

Posted in Client, Estate Planning, Probate

Demystifying Probate and the Personal Representative’s Role

Posted on March 19, 2024 | by David Ledbetter

When creating a will, one of your most important considerations is who to choose to serve as the Personal Representative of your estate.

The role of the Personal Representative is to carry out the instructions that you provide in your will. Any deviation from their specified powers Continue reading →

Posted in Client, Estate Planning, Probate

Estate Administration – Where TV and Movies Get It Wrong

Posted on March 12, 2024 | by David Ledbetter

Do you remember any scenes from a movie or television show involving a will, a trust, or the aftermath of a person passing away? While television and movies provide great entertainment, they are not always factual. Even shows based on real events are not entirely accurate. Creators Continue reading →

Posted in Estate Planning, Probate, Trust Administration

What Happens to Real Estate With a Mortgage When I Die?

Posted on February 20, 2024 | by David Ledbetter

Your mortgage, like much of your debt, does not simply disappear when you die. If you leave a home with an outstanding loan to a beneficiary in your will or trust, your beneficiary will inherit not only the property but also the outstanding debt. They may have the right to take over Continue reading →

Posted in Client, Estate Planning, Probate

Why You Want to Avoid Intestacy

Posted on August 29, 2023 | by David Ledbetter
Studies continue to show that the majority of Americans die without a will or any form of estate planning. Estate planning is a crucial aspect of securing your family’s financial future and ensuring your wishes are respected after you’re gone. While the reasons for not having a will Continue reading →
Posted in Client, Estate Planning, Probate

When to Consider a Testamentary Trust

Posted on August 15, 2023 | by David Ledbetter

Avoiding probate is one of the main reasons that many people create a revocable living trust during lifetime instead of relying on a will to transfer their money and assets to their beneficiaries after their death. Probate is the court process that proves the validity of the will Continue reading →

Posted in Probate, Trust Administration

Bills and Services to Cancel – and Keep – When a Loved One Dies

Posted on August 8, 2023 | by David Ledbetter

A loved one’s passing is challenging on many different levels. In addition to the emotional difficulty of processing someone’s death, there are also the many tasks that must be dealt with, such as going through their various accounts and taking the necessary steps to cancel them or Continue reading →

Posted in Client, Probate

Disability Panels

Posted on March 14, 2023 | by David Ledbetter

A comprehensive estate plan addresses not only what happens to your property and assets when you pass away, but how to take care of you and your affairs if you become incapacitated. Incapacity planning is not just for those in their older years. An accident or illness can happen at Continue reading →

Posted in Client, Estate Planning, Probate

Pros and Cons of a Family Limited Partnership

Posted on January 24, 2023 | by David Ledbetter

If you own your own business or have accumulated some investment portfolio, it is important that you do as much as you can to protect the efforts of your hard work and dedication. A family limited partnership (FLP) is a strategy worth considering — whether you seek to protect yourself, Continue reading →

Posted in Client, Probate

Probate is Still Necessary?

Posted on January 10, 2023 | by David Ledbetter

A living trust is often promoted as a way to avoid probate and the costs, time delays, and loss of privacy that accompany it. Probate is the legal process for proving the validity of a person’s will after their death and appointing the nominated personal representative or executor. Continue reading →

Posted in Probate

Three Reasons to Avoid Probate

Posted on November 22, 2022 | by David Ledbetter

Although having a will is a good basic form of planning, planning with a will involves some drawbacks. A primary drawback is that a will does not avoid probate. If you own property such as a house, car, bank account, investment account, or other asset in your name only and you have Continue reading →

Posted in Probate

Why a Trust Is the Best Option to Avoid Probate

Posted on November 8, 2022 | by David Ledbetter

A big goal in estate planning is to make things easier for our loved ones. A comprehensive estate plan can allow your money, property, and legacies be transferred to your intended beneficiaries in a harmonious, stress-free, and fair process so that your loved ones to grieve and deal Continue reading →

Posted in Client, Estate Planning, Probate

The Pros and Cons of Probate

Posted on October 25, 2022 | by David Ledbetter

For many of our clients, probate is an unnecessary process that we try to avoid. But the probate system is there for those who need it, in some cases because of lack of proper planning and in others because of the benefits and protections that probate may offer. The probate system Continue reading →

Posted in Client, Probate

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