One of the most common questions I receive from clients is the question of beneficiary designations and how they relate to their Will or Trust. One important thing that must be said is that beneficiary designations, including IRA's, life insurance, annuities, bank accounts, etc., go outside probate and the trust. What is said in the… Continue reading Beneficiary Designations
If you have children who are minors, it is very important to 1) get a will and 2) choose a guardian to take care of them should you pass away before they are the age of majority. This can be a very, very difficult choice, especially if the father and mother do not agree on… Continue reading How to Choose a Guardian for Your Minor Child(ren)
A lot of clients seem to be under the misconception that, if your will is valid, self-explanatory, and clear as to your intent, then it does not need to be probated. However, your Last Will and Testament is not effective until it goes through probate. It does not matter if it is clear and unambiguous!… Continue reading Why Does My Will Need To Be Probated?
One common scenario that estate planning attorneys encounter is clients who believe that deeding their home to their children solves the problem of avoiding probate. Most retired individual's main asset is their home, which many have paid their mortgage off. Such a situation is common for many of our clients, and the attorneys at Skillern… Continue reading A Common Error to Avoid Probate
In September of 2010, a non-lawyer wrote an article about her experience trying out four different will-making computer programs. This article appeared in the New York Times. After she got all four different wills drafted, she took the wills to an established estate planning lawyer in New York City, and had them reviewed. The results… Continue reading Why Online Wills Can be Harmful to Your Estate Planning
Most people know that Revocable Living Trusts are a great way to avoid probate. And if you don't, please read a previous blog about probate and how a trust can help here. On today's blog post, Skillern Law Firm is going to discuss other ways to avoid probate if you already have a trust, or… Continue reading Simple Ways to Avoid Probate
Oklahoma allows the probate courts to admit holographic (or handwritten) wills. There are certain considerations that are very important to consider if you think a holographic will is right for you. Today on Tulsa Estate Planning Blog, Skillern Law Firm, PLLC will help you figure out if its right for you. First, there are important, strict… Continue reading The Problems with Handwritten Wills
When Skillern Law Firm P.L.L.C. discusses the benefits of a will or a trust, inevitably probate comes up. We advise clients to avoid probate, since it is costly and a complicated process that can easily be avoided by a trust. Still, many clients ask us: "What is probate”? Our answer is: it depends. Basically, probate… Continue reading What is Probate and Why Should I Avoid It?
It is important to periodically review your will and estate plan. Life changes often require that you reassess your estate plan. Children Most parents are concerned about how their children will be cared for in the event that one or both parents suffer an accident or are incapacitated. It is important to name a guardian for… Continue reading Your life is not static, so why is your estate plan?
One common question about wills and trusts is about joint or mutual wills. Many people ask attorneys why joint wills are never recommended by attorneys. The reason is not that attorneys want to get more of your money by drafting two wills instead of one. Also, most people may see it as an extra expense… Continue reading Why A Joint Will Is A Bad Idea.
