Why “General Authority” in a Power of Attorney Isn’t Always Enough

If most states offer a standard, fill-in-the-blank power of attorney form, why do you still need a lawyer to draft one? Because those forms tend to give your agent broad, general power, and general power often isn’t enough. Courts read power of attorney documents narrowly. If the law requires a specific power to be spelled […]

The Reiner Case and a $1.5 Million Question

“Revocable trust” sounds reassuringly flexible. Change it. Amend it. Tear it up and start over. But revocable for whom? The legal battle over Nick Reiner’s $1.5 million trust offers an unusually dramatic lesson in what trusts can, and cannot, do. Nick Reiner has pleaded not guilty to charges that he murdered his parents, Rob Reiner […]

Forms for End-of-Life Care

Our seniors face a crisis of ignorance that could be life-threatening. The staff at senior living facilities likely don’t understand the forms that direct end-of-life care. In my experience, neither do the people who authorize or execute these forms. The MOLST, a DNR, and a Living Will documents are intended to guide care in serious […]

How Much Should an Attorney Charge for an Estate Plan? It depends.

You might ask a competent estate planning attorney what a typical package will cost. The answer should be: “I don’t yet know what you need!” You could drill down further and ask about the cost for a will, power of attorney, and medical directive package. The likely answer? “It depends.” “It depends” means the attorney […]

How to Make a Plan for Your Digital Legacy

In today’s world, our lives are deeply woven into the digital realm. From email and social media to online banking, streaming subscriptions, and cloud storage, we accumulate accounts and assets that outlive our daily use. Planning for what will happen to these digital footprints is as essential as planning for tangible property. A digital legacy […]

When Trust is Broken: Elder Abuse Within Families

Families sometimes steal from one another. Too often, the scenario involves an aging — perhaps cognitively impaired — person who relies on a close relative for support. This year, I encountered such a case involving a longtime client. Her child, the person she depended on most, placed her in a care facility, sold her home, […]

Paradise Lost: The Jimmy Buffett Estate Battle

Jimmy Buffett was known for his laid-back musical style and “Margaritaville” state of mind. Unfortunately, his legacy has become anything but chill, as his widow and estate manager are now locked in a bitter battle for control over his $275 million fortune. The relaxed island vibes have given way to anxiety-filled courtroom drama—and apparently, his […]

What Will Happen to Your Art When You Die?

Whether you have a carefully curated collection or just paintings bought as souvenirs from foreign travels, without proper planning and realistic expectations, your cherished art might end up in the trash or at a Goodwill shop. Many of us purchase paintings, ceramics, or sculptures to add beauty to our homes. Others acquire art believing it […]

Dianne Feinstein’s Trust Problems

Dianne Feinstein has many problems. She is a frail 90-year-old member of the United States Senate. In addition to her health problems, Feinstein is engaged in a lawsuit over trusts created with her late husband. We can’t avoid old age, but proper estate planning can help avoid family fights. Two separate lawsuits were filed in […]

Aretha Franklin Getting RESPECT

Imagine you are sitting on a couch at home. With pen in hand, you jot down notes about how your assets should be distributed when you die. You tuck the pages into a spiral notebook and shove the notebook under the couch cushions.  Perhaps you are just an ordinary Joe or Josephine or Aretha Franklin. […]

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