
Foster Children in an Estate Plan
An estate plan can ensure that a foster child is legally protected and provided for on your terms. With it, you can ensure that your foster child is yours in the eyes of the law every bit as much as in your heart.

An estate plan can ensure that a foster child is legally protected and provided for on your terms. With it, you can ensure that your foster child is yours in the eyes of the law every bit as much as in your heart.

Parents generally try to treat all their children fairly. We often assume that fairness means leaving an equal inheritance to each child. However, “fair” does not always mean “equal.”

Most people think of probate (the process of collecting, managing, and distributing a deceased person’s money and property) as a private process. However, because probate involves the court system, most filings become a matter of public record.

When thinking through their estate plan and how they want their assets managed after they pass away, most parents wish to treat their children equally, often out of a sense of fairness. However, sometimes being fair or doing what is right by your children may mean giving unequal inheritances.

Simultaneous death laws, such as the Uniform Simultaneous Death Act (USDA), enacted in 1940 and updated in 1993, were created to resolve legal uncertainties when two or more people die at the same time or close in time to each other and the order of death is unclear.

Once you are married, you will be uniquely situated to provide meaningful support for your spouse after your passing through special estate planning tools available only to legally married individuals.

Fighting over provisions in your will or trust can derail your final wishes, rapidly deplete your financial legacy, and tear your loved ones apart. However, with proper planning, you can help your family avoid a potentially disastrous fight.

Your trust is intended to continue for years, so choosing the right succession of trustees is critical to its longevity and ultimate success.

When everyone is alive and happy, it is easy to think that nothing will break a family apart. Many people think that since everyone gets along, estate planning is unnecessary because everyone will look out for one another and do only what is fair. However, having a properly prepared estate plan is crucial. Failing to plan not only takes all the control out of your hands but can also leave hurt feelings and possible confusion over your true wishes. This confusion may force family members to pursue the only source available to resolve the misunderstanding: probate court.

From laws against selling doughnuts on Sundays to ordinances that prohibit tying a giraffe to a telephone pole, the annals of American jurisprudence are filled with archaic laws that, while still technically on the books, are rarely, if ever, enforced.