Blog
Will Your Family Know (and Respect) Your Funeral Wishes?
March 15th, 2023
Everyone should have control over how they are memorialized and how their remains are handled after their death. Generations ago, this was less of an issue. There were simply fewer options, and families tended to have similar values. Everyone knew an…
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Categories: Estate Planning
Understanding Community Property
January 13th, 2023
New Mexico is one of nine community property states in the country. When you hear the term “community property,” you may think of divorce, and, yes, that is the context in which the phrase is most often referenced. Divorcing couples need to divid…
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Categories: Estate Planning
Intestate Succession: What Happens if You Die Without an Estate Plan?
November 15th, 2022
As the saying goes, “you can’t take it with you.” But what happens to your property if you die without a will or other estate planning documents, like a trust? In a nutshell, your assets are distributed according to state law of “intestate su…
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Categories: Estate Planning
“No-Contest” Clauses in Wills and Trusts
September 14th, 2022
Why do people make an estate plan? There are many reasons: to provide for family members, to have peace of mind about the future, and to make sure their wishes are known and carried out. Creating a will or trust gives people peace of mind precisely b…
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Categories: Estate Planning
What are “Fiduciary Duties?”
July 15th, 2022
If you’ve spent any time reading about the law, especially about trusts and estates, you may have come across the term “fiduciary duty” and wondered what it means. One person or entity is a fiduciary if they have a legal and ethical obligation…
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Categories: Probate
Special Needs Trusts: What You Need to Know
May 11th, 2022
If you love someone with a disability, you might be concerned about providing for their future, especially if their disability makes them unable to provide for themselves or to manage their affairs. A special needs trust, also called a “supplementa…
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Categories: Estate Planning
Dangers of DIY Estate Planning
March 15th, 2022
Abraham Lincoln famously said that “a man who represents himself (in court) has a fool for a client.” Can the same be said of someone who serves as their own “attorney” for purposes of creating an estate plan? Unfortunately, the answer is oft…
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Categories: Estate Planning
Does My LLC Need an Operating Agreement?
January 14th, 2022
For people creating a business entity, especially for a single-owner business, establishing a limited liability company (LLC) can be a great option. First and foremost, as the name suggests, an LLC can protect the business owners from personal liabil…
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Categories: Business Planning
What is “Capacity” to Make a Will?
November 15th, 2021
In order for a legal document like a will to be valid, it must meet certain requirements. One of those requirements is that the person executing (signing) the document must have “legal capacity.” Having the legal capacity to make a will is also c…
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Categories: Estate Planning
Will-Based Estate Plan or Trust-Based Estate Plan: Which is Better?
September 16th, 2021
If you’re thinking about making, or updating your estate plan, you may be wondering whether you need a will, a trust, or both. Many people are unclear about the difference between a will and a trust, so if you are, too, you’re in good company. Un…
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Categories: Estate Planning
