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Drafting an Estate Plan for those with Multiple Sclerosis and Parkinsons

Posted on | April 30, 2010 | No Comments

In “Psychological and Emotional Impact of Chronic Illness on Estate Planning: Case Study Comparing and Contrasting Multiple Sclerosis and Parkinson’s Disease,” Kalb et al disclose the attendant problems with planning for those with MS or PD. They also discuss that “[a]ttorneys need to be alert for the possibility that family members or caregivers might take advantage of an MS or PD client.” They give a few key tips that were highlighted in Prof. Beyer’s blog:

* Planning shorter meetings
* Planning for the effects the illness has had on the client’s ability to write
* Recognizing that family members may be exerting undue influence on the client
* Helping the client come to terms with the need for estate planning
* Addressing special estate planning issues that might arise as the client’s illness progresses
* Paying attention to how a client’s religious beliefs impact planning

Thanks to Prof. Beyer for bringing this article to my attention.

Category: Trust and Estate Litigation
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Disinheritance: Will I Be Disinherited for Marrying Outside the Faith?

Posted on | September 30, 2009 | No Comments

The Illinois Supreme Court ruled that a Jewish couple’s dying wish to disinherit any of their grandchildren that married outside of the Jewish faith was lawful. The Courts have traditionally ruled that clauses that promote divorce are against public policy, but here the Court held that the clause did not do so. The clause in question required that upon the death of the surviving testator, if any grandchild married outside of the Jewish faith, their non-Jewish spouse had a year to convert to Judaism. If they did not convert, then their share would revert back to their parents. This clause would likely control dispositions under other faiths as well.

Category: California Probate Practice
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Are California Will Kits - “Do It Yourself Wills” - Legal?

Posted on | April 30, 2009 | No Comments

As a probate litigator I can tell you first hand that do-it-yourself wills are a probate attorney’s dream.  Time and again I have seen the damage that self-written wills have done to honest and hardworking people that bought some stationary and tried to do it themselves.  Instead of giving their money to their beneficiaries- the beneficiaries end up fighting over the vague terms of the document leading to an unneccessary loss to the estate.  But don’t take my word for it- read this article to find out more about the disputes that arise over off-the-shelf wills.  Honestly, I would rather you put me out of business by hiring an attorney to prepare proper documents then see the same sorry tale over and over again.

Category: Uncategorized
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