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Provision in Will to Kill the Cat Found Invalid

by Paige Fuoco | Nov 9, 2021 | Estate Planning, Power of Attorney, Trusts, Wills

If a pet owner puts a request in her will that the pet be put to death, should a court respect the request?  Not necessarily.  In 2012, a Chicago judge reversed a death sentence that had been hanging over Boots the cat for months.  The feline’s owner, Georgia Lee...

Three Reasons Why Joint Accounts May Be a Poor Estate Plan

by Paige Fuoco | Oct 26, 2021 | Estate Planning, Power of Attorney, Trusts, Wills

Many people, especially seniors, see joint ownership as an easy way to avoid probate and plan for incapacity, but there are major drawbacks to joint accounts. When people own property as joint tenants each person has an equal ownership interest in the property. If one...

Bank Pays Price for Refusing to Honor Request Made Under a Power of Attorney

by Paige Fuoco | Oct 19, 2021 | Estate Planning, Power of Attorney, Trusts, Wills

A durable power of attorney (POA) allows the person creating the POA, called the “principal,” to name a trusted agent who can act on his behalf in almost any situation. But because of the risk of abuse, many banks will scrutinize a POA carefully before...

Why an Irrevocable Trust May Be Superior to Gifting

by Paige Fuoco | Sep 21, 2021 | Estate Planning, Power of Attorney, Probate, Trusts, Wills

Parents and other family members who want to pass on assets during their lifetimes may be tempted to gift the assets.  Although setting up an irrevocable trust lacks the simplicity of giving a gift, it may be a better way to preserve assets for the future.  A trust is...

How Do I File for a Guardianship?

by Paige Fuoco | Sep 16, 2021 | Estate Planning, Power of Attorney, Trusts, Wills

No one wants to see a loved one become unable to make decisions for him or herself. If this happens, however, the court may appoint a substitute decision maker, often called a “guardian,” but in some states called a “conservator” or other term....

Britney Spears Case Puts Renewed Focus on Guardianships and Less Restrictive Alternatives

by Paige Fuoco | Sep 16, 2021 | All Articles, Estate Planning, Family Law, Power of Attorney, Probate, Trusts, Wills

The Britney Spears guardianship case has brought national attention to the legal framework surrounding guardianships and the need for reforms to better protect individual rights. While a full guardianship may be necessary for many individuals who are incapable of...
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