Legal-Ease: Are There Ways to Avoid Probate After Death?
Dear Jonathan: I just completed the probate of my late brother’s will. I was the personal representative he appointed to act on behalf of his estate. This was not a pleasant experience and in fact, was quite the opposite and made me realize that I don’t want to put my family through anything like this at my death. My wife and I don’t have a large estate, but we want to make sure that everything we own goes to the survivor of the two us and then to our kids without first having to go through probate. What do you recommend we do to avoid probate at either of our deaths? Read More ›
Categories: Did you Know?, Estate Planning
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Legal-Ease: What Happens When You Are Sole Beneficiary of a Trust?
Dear Jonathan: My mother, who recently passed away, prepared a trust naming me as her sole beneficiary. She intentionally disinherited my brother due to a falling out they had years ago. Although he knows that he has been disinherited, I am uncomfortable getting my mom’s entire estate and would like to provide for him somehow. Read More ›
Categories: Elder Law, Estate Planning
Digital Dupe: How to Protect Against Identity Theft After Death
In the digital age, identity theft has taken on new and sinister forms, extending beyond the living to the deceased. When a loved one passes away, their identity doesn’t simply vanish; it lingers in both the digital realm and on paper, presenting opportunities for fraudulent activity. Read More ›
Categories: Cybersecurity, Digital Assets, Estate Planning, Fraud & Abuse, Senior Exploitation & Abuse, Technology
Legal-Ease: What Happens to a Family Member's Bank Account After Death?
Dear Jonathan: My father, a widower, passed away a couple of months ago. Being his only child, he appointed me as his agent on his durable power of attorney so that I can handle his bill paying which I have been doing for the past two years. Read More ›
Categories: Estate Planning, Financing, Powers of Attorney
Elder Financial Abuse: What to do if it's in the Family?
People preying on the elderly to get at their life savings, unfortunately, has become a common occurrence in today’s society. We have all heard stories about an elderly person being targeted and falling victim to an unscrupulous con artist. It is a sobering reality that everyone and their families need to prepare for as they age. When it is a family member who is suspected as the one taking advantage of their parent it puts this problem in a whole different light. What should you do if you suspect a family member of financial elder abuse? Read More ›
Categories: Dementia & Alzheimer's, Elder Law, Estate Planning, Financing, Fraud & Abuse, Senior Exploitation & Abuse
Legal-Ease: Steps for When a Loved One Passes Away - Part Three
This is my third and final article addressing what needs to be done after a person passes away. Part 1 addressed what a person needs to do prior to the decedent’s funeral. Part 2 addressed those things that don’t typically need to be done until after the decedent’s funeral, so long as the funeral is not delayed. This column continues that discussion. Read More ›
Categories: Did you Know?, Estate Planning
Legal-Ease: Steps for When a Loved One Passes Away - Part Two
This is the second of three articles addressing the topic of what needs to be done when a spouse or loved one passes away. My last article addressed the immediate things that need to be done prior to the decedent’s funeral. This article and my third article address those things that don’t typically need to be done until after the decedent’s funeral. If the funeral is delayed, however, there should be no similar delay in addressing the matters that need to be addressed. Read More ›
Categories: Did you Know?, Estate Planning, Powers of Attorney
Legal-Ease: Steps for When a Loved One Passes Away - Part One
Dear Jonathan: Can you provide a general summary of what needs to be done when a person’s spouse or loved one passes away? Read More ›
Categories: Did you Know?, Elder Law, Estate Planning, Powers of Attorney, VA Aid & Attendance
Legal-Ease: What is the Downside of DIY Estate Planning?
Dear Jonathan: I am thinking about preparing my own estate planning documents, including a will, powers of attorney and a trust. A close friend of mine just went through this process and it cost her thousands of dollars and I really don’t want to spend that much money on attorney fees. I think I can figure it out by doing a little research and finding samples on the internet. I know this is your business and you probably don’t think do-it-yourself estate planning is a good idea but what is the downside of my trying to do this on my own? Read More ›
Categories: Did you Know?, Estate Planning, Powers of Attorney
Legal-Ease: What are my Responsibilities as Fiduciary of an Estate?
Dear Jonathan: My parents just updated their estate plan and told me that they named me in their wills, their trust and their financial and health care durable powers of attorney to act for them when they can no longer act for themselves. I am more than happy to help them, but I would like to know what my responsibilities are when acting in these various roles. When I asked them if they could explain what my duties would be they were not sure how to respond. Can you help? Read More ›
Categories: Estate Planning, Powers of Attorney
Survivor's Checklist:
Due to the shock of the death of a spouse or a loved one, the steps of what needs to be done first can be an overwhelming process for the survivor(s). To aid in the breakdown and to act as a tool amidst the emotional days ahead, estate planning Jonathan "Jay" David has assembled a "Survivor's Checklist" of some of the important things that need to be addressed when a spouse or loved one dies.
Resources and Support for Older Adults Living Alone: A Comprehensive Guide (2024):
Below is a comprehensive guide of resources for older adults living alone, empowering them to thrive independently and access essential services. This guide was created and provided with permission by the National Council on Aging (NCOA).
Resources and Support for Older Adults Living Alone: A Comprehensive Guide (2024) (ncoa.org)
Elder Organizer Tool:
Foster Swift has created a free ‘Elder Organizer’ digital notebook to provide seniors and their caretakers with a toolkit that helps organize doctors’ appointments, medications, and more that can be shared online. The tools below are also available on the Elder Law Resources page.
*For those trying to access these links by smartphone, it is best practice to copy/open the link in a separate tab and download the free Google Sheets app from Google Play or the Apple Store.
COVID-19 Checklist:
For adult children responsible for their elderly parents and other senior caretakers concerned about protecting loved ones as the COVID-19 pandemic continues, below is a free downloadable checklist of steps to follow to prepare for any possible COVID-19-related illnesses among the most-vulnerable.
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E-book Covers Estate Planning Essentials
Engaging in estate planning, while essential, is often emotional and generates many questions. How do I protect my spouse and my children if something happens to me? What happens if I become disabled before I pass on? Who will take care of my pet after I'm gone? How do I pass my business on to my children? These questions and more are addressed in Jonathan David’s recently updated e-book, “Estate Planning: You Have to Start in Order to Finish.”
Need Help Planning?
For more tools, visit our Elder Law Resource page for additional content. Click here to view/download the Foster Swift estate planning brochure to see what our experienced team of attorneys can do for you.