“I’ve got to do a Will so that the government doesn’t get everything!” I cannot tell you the number of times I have heard some version of this sentiment. While I am certainly a proponent of having and regularly updating a Will, preventing the government from getting everything is not actually one of the reasons you need a Will. Those of you who have read my Myths of Estate Planning series might remember some examples I have given about how probate assets are distributed when a person fails to have a Will. In this series of posts, we will help you understand what could happen if your estate is distributed according to Pennsylvania intestate rules. Continue Reading Intestate Laws – What Do You Need to Know?
But my Friend Said… What to do When You Get Conflicting Advice
“I’m so confused! The woman at the bank said I have to keep this account here. The guy at the insurance company said I should really do this. And my friend said she didn’t do any of this. I don’t know what to do!”
The above is a general excerpt of conversations I have with Executors all the time. The first few months of handling an estate can be tough. You have just lost someone close to you and now you need to sort out what they left behind and are dealing with so many people on so many matters. You will get advice from almost everyone you encounter. You will hear stories about how the person you are interacting with handled it. And you will most certainly interact with someone who will adamantly insist they know the law and what they are telling you is the exact opposite of what your attorney told you. Or at least you think it is the exact opposite. Come to think of it, now you are not so sure because you have heard so many different things from so many different people. Continue Reading But my Friend Said… What to do When You Get Conflicting Advice
When a Loved One Passes
We’ve noticed a pattern recently. It is often that I receive a call from a client or a relative of a client the day someone dies asking what they need to do. A person bereft with emotion, overwhelmed, and sometimes in a state of shock just trying to make sense of everything coming at them at once. My advice is always the same: Take a deep breath and take a moment to grieve. We’ll walk you through what you need to do and when.
My job is to make this process as painless as possible. In a majority of the estates I handle, the person tasked with handling the estate was close to the decedent and impacted by their death. It is completely understandable that this person would be overwhelmed by all of the new information and questions coming at them. Continue Reading When a Loved One Passes
Common Estate Planning and Estate Administration Terms
When I started law school it felt like the professors were speaking a different language. And in a way, they were. The legal profession uses so many terms that have very particular meanings, that even though lawyers tend to be very well spoken, it can be hard to understand what we are saying. A word can mean so many different things in different contexts. Take the word harbor for example. As a noun it is a sheltered area of water that is deep enough to anchor a boat in and as a verb it means to provide shelter. A person can harbor a criminal on their boat which is docked in the harbor. Sometimes words that people use regularly have a popular definition and a legal definition. For example, people often say someone is harassing them when they receive a few unwanted text messages or phone calls. Sure that can be annoying, but the behavior doesn’t meet the legal definition of harassment, which calls for behavior that goes far beyond the behavior of your average Joe with a texting problem. So how are you to know what means what? And how does this relate to National Estate Planning Week? The estate world is no different than the criminal or civil world. We have a vernacular all our own. Below is a quick reference guide for some commonly used terms and a non-legal speak definition; terms you might find in some of my other blog posts. Continue Reading Common Estate Planning and Estate Administration Terms
11th National Estate Planning Week Kick Off
The 11th National Estate Planning Week is upon us! Instead of focusing solely on estate planning, I’ll be focusing on what happens after the estate planning or the lack thereof, more specifically, the probate process. This is not meant to be a how to on the probate process or a substitute for consulting with a qualified attorney that focuses on estate administration. It is more of a primer or reference guide for those executors or administrators that are overwhelmed and would like guidance or clarification of the basics, or for the person that just wants to know more.
Last year, I touched briefly on what is probate. This year, I’ll go more in depth. Check in each day this week for a new article focusing on: what happens right after a loved one dies, an explanation of basic terms used during the probate process, what to do when you get conflicting advice, and the pitfalls of celebrity estates. If you are just too hyped over another National Estate Planning Week to wait for tomorrow’s blog article, you can look back over last year’s National Estate Planning Week articles here.
Lindsay Schoeneberger is an attorney at Russell, Krafft and Gruber, LLP in Lancaster, Pennsylvania. She received her law degree from Widener University School of Law and practices in a variety of areas, including Estate Planning and Estate Administration.
Electronic Devices and Divorce
This post is part of our ongoing series exploring the impact of technology on legal issues. For an introduction to the series and a collection of the posts in the series, check out this post.
Bing. Bing. Bing. Bing. That would be the sound of a text message showing up on my phone, watch, iPad, and computer all at the same time. Don’t worry, I actually have the sound turned off on all but one of those devices, so I don’t drive myself and everyone around me insane. I love the convenience of it. No matter which device I am using, I can easily respond to a text or call without having to figure out where the heck I left my phone. And because my fiancé has sworn off all things Apple, I never have to worry about him seeing any surprises I’m planning.
But we’re not like most couples. Most couples I know have the same type of phone and if it is an iPhone, they often share the same Apple ID. Sure, this is convenient for a number of reasons. But what happens when a couple decides to separate and forgets that their ex has access to all of their text messages? Or can see their emails? Sadly, I’ve had more than one client who discovered their spouse was unfaithful because the spouse forgot their devices were linked. I’ve had clients who can’t figure out how their ex found out about someone they were talking to months after separating even though they were never seen together publicly and most communication was limited to texting. If you shared an account or had your texts or calls going to another device that you do not have exclusive control over, you need to be mindful that your ex may still have access to what you assume are private calls or text messages. Continue Reading Electronic Devices and Divorce
Automatic Bill Pay: Blessing or Curse?
This post is part of our ongoing series exploring the impact of technology on legal issues. For an introduction to the series and a collection of the posts in the series, check out this post.
“Thank you. We have received your automatic payment.” “Sign up for automatic bill pay to reduce your student loan interest rate.” “Ensure your payments are never late! Sign up to automatically pay your bill.” “Reminder, monthly payment scheduled.”
Those email subject lines are taken directly from my personal email account. I receive regular inquiries trying to persuade me to switch to automatic payments for all of my monthly bills. Clearly from some of the subject lines you can see that I do have some bills (the small ones) set for automatic bill pay and flatly refuse to set up others. Why? Well in my law school days it was more to prevent an inadvertent overdraft than anything else. However, now, it is more to prevent a mess in the event of my death. Horribly morbid. I know. But I have a very good reason. Continue Reading Automatic Bill Pay: Blessing or Curse?
Germany Cracks Down on Facebook
This post is part of our ongoing series exploring the impact of technology on legal issues. For an introduction to the series and a collection of the posts in the series, check out this post.
A few years ago, I wrote a blog article about Facebook’s New Legacy Contact, wherein you can appoint someone to manage your account posthumously. When you fail to appoint someone, Facebook’s current policy allows your next of kin to only have partial access to the account in order to either turn it into an online memorial page or to delete it entirely.
It seems that the highest court in Germany has taken issue with this limited access for a legacy contact, having recently determined that a minor’s parents have the right to inherit their daughter’s Facebook account. The parents of a 15 year old girl who passed away in 2012 sought access to her Facebook account in order to determine if her death was suicide. Facebook refused, citing their Legacy Contact policy and concern for the privacy of the girl’s other contacts. The Federal Court of Justice in Germany held that the account was similar to a person’s letters or private diary, both of which would pass on to a person’s heirs under German law. Continue Reading Germany Cracks Down on Facebook
Introducing a New Series – Exploring the Impact of Technology on Legal Issues
Almost 11 short years ago, the first iPhone made its debut on June 29, 2007. This inaugural version featured the ability to take photos but not videos, maxed out at a whopping 16 GB hard drive and 128 MB of RAM. The phone also lacked a GPS, digital compass, and forget about touch ID. Fast forward to the iPhone X, Apple’s newest iPhone. The X has 256 GB of storage, 3 GB of RAM, and unlocks using facial recognition technology. And as for those videos the first iPhone couldn’t manage? The X features 2 cameras that boast more features than most digital camera and offer 4K quality video recording at 60 frames per second. Today a person can operate their business from the palm of their hand while on the go. And it is not just our phones that are advancing leaps and bounds. Cars have self-driving features and refrigerators can plan your meals and text you a shopping list. The speed of technological advancements is mind blowing and getting ever faster. Continue Reading Introducing a New Series – Exploring the Impact of Technology on Legal Issues
Estate Planning Series Wrap Up
For those of you looking for your weekly myth, sadly, our myth series has run its course. Now that we have covered commonly asked questions and the top 10 myths, I wanted to leave you with a few helpful tips- these tips are universal and not just for selecting an estate planning attorney.
- Be open and honest with your lawyer
- Your attorney is trained to know what is important. Chances are if they are asking about it, they need to know about it. It might not seem like a big deal to you, but it could completely change their advice to you.
- Make sure you are comfortable with your lawyer
- Feeling comfortable with your lawyer will significantly increase your ability to be open and honest with him or her. This is key for you to get the best advice and for your own piece of mind. Even if your attorney gives you the best advice in the world, if you are not comfortable with him or her, you may never fully trust what they’ve said.
- Don’t price shop
- Cutting corners now can cost you big time in the end. We are seeing a rash of people trying to do things on their own or do things piece meal because they are trying to save money. While I will be the first to wait for a sale, cut coupons, and look for the best deal, legal dealings are not always the best place to do so. Certainly you should inquire as to fees and not blindly hand over your hard earned cash.
- Ask family and friends for referrals if you don’t know who to go to
- Asking someone one who has actually worked with an attorney if they liked them can be far more effective than picking a name out of a random list. However, keep in mind your friend or family member’s personality. If you are nothing like your cousin, will the same attorney work for you? Ask the person what they liked and disliked about the person they are recommending. Then decide if those are qualities you are looking for as well.
- Have a trusted financial advisor or accountant? They can make referrals as well
- Accountants and financial advisors work with attorneys all the time. They have seen the attorney in action and can make a referral based on real interactions.
Have a happy and healthy new year!
Lindsay Schoeneberger is an attorney at Russell, Krafft and Gruber, LLP in Lancaster, Pennsylvania. She received her law degree from Widener University School of Law and practices in a variety of areas, including Estate Planning.